When it comes to product liability, Georgia courts have long held that a manufacturer can be held responsible for its “failure to warn” customers about potentially harmful defects that it knew about (or should have known about). This duty extends to any “nonobvious foreseeable danger” arising from the normal use…
Articles Posted in Personal Injury
Contradictory Testimony Dooms Car Accident Victim’s Push for Summary Judgment Against Insurer
Before initiating any kind of personal injury lawsuit, it is important to gather all of the relevant facts and make sure that you are consistent and truthful in any pretrial statements you make, whether to your own attorney or to the court. Inconsistencies, even if they are honest misunderstandings or…
When is a Georgia Store Owner Liable for a Rainy Day Slip-and-Fall Accident?
Everyone understands that you need to be careful when walking in the rain. But just because it is raining outside, that does not automatically absolve store owners of their legal duty to keep their premises in reasonably safe condition for patrons and other invited guests. Put another way, while a…
Plaintiff Who Represents Himself Against the State Finds He Has No Case
Acting as your own attorney is never a good idea. This is especially true when it comes to personal injury claims. Even a seemingly “simple” lawsuit arising from something like a car accident can implicate many complex questions of law. If you have never participated in a civil lawsuit before,…
Waiting to Notify Your Insurance Company About an Accident can Come Back to Haunt You
Dealing with an insurance company following a car accident can be a major hassle. As a result, some accident victims simply put it off. This is almost always a mistake. It is not simply a good idea to notify your insurer of your accident in a timely manner. In many…
What Happens When a Georgia Insurance Company Rejects an Accident Settlement in “Bad Faith”?
Auto insurance is designed to pay for damages caused by an accident. In many cases an insurer will negotiate a settlement with the injured party. While the insurer is not obligated to pay claims it determines are unsubstantiated, the insurer cannot simply refuse to pay without consequence. Under Georgia law,…
Monroe County Sheriff Faces Personal Injury Claim Over Reckless High-Speed Chase
High-speed police chases make for exciting footage on local newscasts. They also pose a very real danger to the general public. When law enforcement officials make the decision to initiate or continue a chase, they must be mindful of other motorists on the road. If police recklessness leads to the…
Does Violating Traffic Laws Make a Georgia Driver Liable for Punitive Damages?
Punitive damages are an extraordinary remedy available in only certain personal injury cases. Under Georgia law, a plaintiff can only seek punitive damages if the evidence shows the defendant’s actions demonstrated “willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of conscious…
Savannah Faces Personal Injury Claim Over Hazardous Oak Tree
All Georgia motorists have a duty to obey the rules of the road and drive with care. Even when a driver does everything by the book, an accident may still occur due to someone else’s negligence or due to a public nuisance created by improper design or maintenance of the…
What Happens if You Wait Too Long to Inform Your Insurance Company About a Car Accident?
Following any kind of car accident, it is a good practice to notify your insurance company as soon as possible. Even if you do not think you will need to utilize your insurance coverage, many policies contain language requiring prompt notification. This means that if you fail to give notice–even…