Tort law is designed to remedy injuries caused by acts of man, as opposed to “acts of God.” Under Georgia law, this means that you cannot hold a defendant liable for “an accident produced by physical causes which are irresistible or inevitable, such as lightning, storms, perils of the sea,…
As every parent of a teenager knows, one of your worst fears is that your child will be involved in an auto accident. What happens if your child is held legally responsible for the accident? As the parent, are you liable for any damages arising from a personal injury lawsuit…
Your parents probably told you, “Watch where you’re going!” more than a few times when you were kid. This is not just good advice. It is also an important reminder that you are expected to be aware of your surroundings at all times. From a legal standpoint, your awareness or…
The Atlanta region is widely known as one of the most dangerous metropolitan areas for pedestrians. All Georgia drivers have a legal duty to stop and yield to a pedestrian in a crosswalk. But pedestrians must also exercise care. Among other things, if a pedestrian crosses a road outside of…
An “uninsured motorist” policy provides coverage to the insured when he or she is the victim of an accident caused by another party that has insufficient resources to pay the full amount of any legal damages. In this context, “uninsured” also means under-insured. Thus, for example, if Driver A is…
Although it’s commonly said that police “protect and serve,” a local government is not necessarily liable when its sworn officers fail to protect the general public from harm. In a 1993 decision, the Georgia Supreme Court adopted what became known as a “public duty doctrine.” This doctrine holds that a…
Under Georgia law, the winning party in a personal injury (or any other civil) lawsuit is usually not entitled to recover attorney fees or costs in connection with the litigation. As the Georgia Supreme Court noted in a 1941 decision, “Where there is a bona fide controversy for the tribunals…
Under Georgia law, a property owner must exercise “ordinary care” in maintaining safe conditions for persons invited onto the premises. If an invited person subsequently alleges he or she suffered an accident or injury due to the owner’s failure in this regard–a premises liability claim–then the burden is on the…
The National Association of Insurance Commissioners’ eighteen month investigation of Allstate’s claims handling practices ended this month with Allstate agreeing to pay a $10 million dollar settlement. The primary focus of the investigation and settlement relates to Allstate’s use of a claims handling software called Colossus. Allstate has agreed to…
I just finished up a case where a violent head on collision was caused by a texting teen. In my case, luckily no one was killed, but texting and driving is a huge problem that is killing American teens. Do Something.org’s Thumb Wars is a national campaign to help educate…