If you are injured due to a hospital’s negligence, you would assume that you have the right to sue for damages. If the hospital is a charitable institution, however, it may not be that simple. For nearly a century, Georgia courts have recognized a special “charitable immunity” that protects such…
If a reckless driver injures someone in a car accident, the driver may not be the only person liable for damages. If the driver was operating a vehicle owned by his or her employer, the employer may be vicariously liable for the victim’s injuries. If the employer had the vehicle…
Dog bites and animal attacks are scary experiences that can result in significant physical and mental injuries. Owners who fail to take responsibility for dangerous animals may be held liable in court. But victims may have difficulty recovering damages if they voluntarily assumed risk or had “equal knowledge” of the…
Nursing homes and rehabilitation centers are responsible for patients who require ongoing medical care. When these facilities fail to follow proper protocols, the results can be fatal. Under Georgia law, any health care provider may be liable for wrongful death if there is a breach of duty that is the…
“Keep your eyes on the road,” is something every parent tells their teenager when teaching them how to drive. But paying attention to the road has become increasingly difficult in recent years with the advent of smartphone technology that makes it easy for people to text or chat with their…
Every year in the United States, natural gas explosions cause an average of 17 deaths, 68 injuries, and $133 million in property damage, according to a 2014 study published by the American Chemical Society. What is a gas company’s liability for personal injury claims brought by explosion victims? The Georgia…
Most of us participate in some form of social media, such as Facebook, Twitter, or Instagram. But because social media makes it so easy to keep in touch with friends, family members, and colleagues, we often forget that most of what we post to these sites become public record. There…
Expert testimony is often a critical component of a personal injury case. Judges and jurors are not technical experts and often require assistance in understanding evidence. When it comes to “simple negligence,” though, expert testimony is generally unnecessary. A jury does not need help when common sense is sufficient to…
There are stricter rules in Georgia for bringing a medical malpractice lawsuit versus other types of personal injury claims. Not surprisingly, hospitals often try to classify ordinary negligence cases as malpractice in order to make it more difficult for the plaintiff to pursue his or her claim. Byrom v. Douglas…
Many medical malpractice cases involve a physician who prescribed the wrong type or dosage of medication, causing physical harm to the patient. Such negligence is obviously horrific and inexcusable. But the Georgia Court of Appeals recently considered a different sort of negligence case involving a physician and an incorrect prescription.…