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Articles Posted in Negligence

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School District Faces Trial Over Man Injured by Cannon at Football Game

Georgia law prohibits individuals from carrying “weapons” in any public school. There are exceptions for law enforcement who need to carry firearms in carrying out their official duties. But the Georgia legislature has made it clear that schools are supposed to be “gun free zones.” Boatright v. Copeland There was…

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Georgia Court Tosses $35M Verdict in Theme Park Beating Case

Can a property owner be held liable for persons injured due to gang-related activity on or near their premises? The Georgia Court of Appeals recently addressed this question. The appeals court was asked to review a $35 million verdict issued against a popular Cobb County theme park after a man…

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Georgia Court Holds Underinsured Motorist Policy Would Not “Duplicate” Prior Damages

If you are seriously hurt in an accident, there are many types of legal injuries that may entitle you to compensation. In addition to paying your immediate medical bills following an accident, you may face future expenses for ongoing care. You may also face lost wages—again, present and future—as well…

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Cobb County Road Official Not Liable for Storm-Related Death

With winter approaching, Georgia drivers need to be careful navigating potentially hazardous road conditions. Although local governments are responsible for most highway maintenance, Georgia law makes it difficult to hold officials responsible for failing to address even life-threatening hazards. The parents of a deceased child tragically learned this lesson recently…

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Georgia Court Rejects Lawsuit Against Special Needs Teacher’s Aide

Parents expect their children to be safe while attending school. Safety is especially important when dealing with children who have learning disabilities or other special needs. Unfortunately, if a child is seriously injured at school, parents may have limited legal options for holding negligent teachers or administrators accountable. Postell v.…

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Parents of Brain-Damaged Child Denied Summary Judgment Against Emergency Room

Every parent dreads the prospect of taking a child to the emergency room following an accident. This dread can turn to horror if negligence on the part of medical personnel compounds the child’s injuries. Unfortunately, Georgia law makes it difficult to hold emergency medical providers accountable for malpractice. Under a…

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When is a Car Owner Liable for “Negligent Entrustment” of a Vehicle?

If you are injured in a car accident caused by another driver’s negligence, you may have a case against the owner of the car under a legal principle known as negligent entrustment. Under Georgia law, an owner is liable for negligent entrustment if he or she allows someone to use…

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Appeals Court Says Insurance Check Created Binding Settlement Agreement

It is common for victims in automobile accidents to reach out-of-court settlements with negligent drivers or their insurance carriers. But victims should always be mindful of Georgia law governing such settlements. If you make a “final” demand to an insurer for money, and the insurer accepts and agrees to pay…

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Appeals Court Says Daycare Franchise Not Responsible for Child’s Injuries

In any personal injury lawsuit against a business—say, a slip-and-fall or similar premises liability case—the defendant may have a franchise relationship with another company. Does that mean the franchisor can be held liable for the local business’ negligence? A recent Georgia Court of Appeals decision provides a useful illustration of…

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Appeals Court Holds Estate Cannot Directly Sue Insurer Over Fatal Van Accident

Motor carriers—persons and corporate entities who contract for the transportation of household goods or passengers—must carry insurance in order to legally operate in Georgia. Georgia law further provides a person injured as the result of a motor carrier’s negligence may directly sue the carrier’s insurance company for damages. But there are…

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