Asbestos exposure has caused serious health problems for millions of American workers. Under Georgia products liability law, a manufacturer may be held responsible for exposing a person to asbestos-containing products. A federal appeals court recently considered how far such liability should extend. Thurmon v. Georgia Pacific, LLC This lawsuit involved…
A personal injury lawsuit, such as one seeking damages from a car accident, often involves complex questions of law. The complexity only increases exponentially when the the negligent party is a state agency. The Georgia Tort Claims Act (GTCA) governs all personal injury claims against the state and its employees.…
Every year thousands of Americans are injured or even killed due to defective medical products. While most manufacturers are responsible and take care to properly test a medical device or drug before introducing it into the marketplace, there are still cases where a defective product makes it to the patient.…
In any type of personal injury lawsuit, it is important for the parties to the case to preserve all evidence that may assist the court in determining the facts. Under no circumstances should a party ever intentionally withhold or destroy evidence. Even in cases where evidence may have been lost…
Distracted driving is a leading cause of car accidents. This is why “texting while driving” is illegal in Georgia and many other states. State law expressly forbids anyone from operating a motor vehicle “while using a wireless telecommunications device to write, send, or read any text based communication, including but…
In Georgia, the family of a deceased person may file a wrongful death lawsuit if there is evidence that someone else’s negligent or criminal acts were the cause of death. A common example would be a person killed in a drunk driving accident. In such circumstances, the family of the…
Georgia law requires all drivers to carry auto insurance. The law sets certain minimum requirements for coverage. For example, a policy must include provide at least $25,000 in coverage for “bodily injury” to one person, or $50,000 to cover multiple persons injured in the same accident. Remember, these are only…
Personal injury claims are not always based on accidents or direct actions by a negligent party. In so-called toxic tort cases, for instance, a defendant may be held liable for a hazardous health condition that contributes to a victim’s injuries. In such cases, a plaintiff must establish causation through expert…
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…
Punitive damages are designed to punish a defendant in a personal injury lawsuit. Unlike economic damages, which are supposed to compensate the plaintiff for his or her losses, punitive damages are meant to have a deterrent effect on an especially irresponsible defendant. To that end, under Georgia law a jury…