While many premises liability claims are based on the existence of a physical hazard—i.e., a customer slips and falls on a puddle of water—there are also cases in which a property owner may be liable for the criminal acts of third parties that cause personal injury to a patron. Recently,…
Many Georgia residents choose to vacation in the Caribbean each year. But what happens if you are injured due to a third party’s negligence while on vacation? Can you file a civil lawsuit against the responsible parties in Georgia, even if the incident occurred outside of the United States? Cleveland…
In any type of Georgia civil case, such as a personal injury lawsuit, the parties are entitled to have their dispute heard by an “impartial” jury. Among other things, this means that none of the jurors are related to any of the parties to the case. In car accident lawsuits,…
In Georgia, a defendant in a personal injury case arising from a car accident may argue what is known as the “sudden emergency” defense. Put simply, this means the defendant alleges he or she was presented with a sudden emergency and had insufficient time to react. If this was the…
Insurance policies frequently cover any damages incurred due to a car accident. But it is not unusual in Georgia for insurance companies to disclaim or otherwise reject coverage if the insured does not strictly comply with all terms of the policy. In some cases, insurance companies may end up fighting…
A homeowner’s insurance policy typically covers the policyholder’s liability for personal injury claims that occur on the property. For example, if someone slips and falls in your home and subsequently sues you, your homeowner’s insurance policy will pay for any damages. But not every injury that occurs on a property…
Although we charge police and fire departments with protecting lives and property, as a matter of law it is difficult to actually sue these agencies if they fail in their duties. Georgia law extends sovereign immunity to absolve state agencies of any liability arising from a “failure to provide, or…
In a personal injury lawsuit, such as a negligence claim arising from a car accident, the plaintiff must establish causation—that is, how the defendant’s actions were the proximate cause of the plaintiff’s injury. If a plaintiff fails to advance a plausible theory of causation, a Georgia court may dismiss the…
If you are driving and there is a sudden emergency—for example, an accident takes place in front of you and you instinctively swerve to avoid the collision—can you be held liable for your own actions? In many cases, the answer is no. Georgia law recognizes a “sudden emergency” defense. This…
For many of us, our pets are considered members of the family. We would never assign our beloved dog or cat a monetary value. Unfortunately, when an animal is injured or killed due to the negligence of another party, the courts need some way to determine the damages owed to…