According to the American Humane Association, nearly 50% of dog attacks in the United States each year involve children under the age of 12. Bite rates tend to be higher for younger children. Young boys are also more susceptible to dog bites than girls. Georgia law holds the owner of…
Articles Posted in Personal Injury
Georgia Appeals Court Absolves Hotel Chain of Liability in Bathtub Accident
Most hotels and motels are affiliated with a national brand such as Hilton or Marriott. This means that individual hotels are owned and operated locally but comply with certain standards imposed by the national brand. Recently, the Georgia Court of Appeals considered the issue of whether a national brand could…
Georgia Appeals Court Distinguished Between Contract and Counteroffer
Dealing with insurance companies is one of the many unpleasant consequences of a motor vehicle accident. Insurers often look to dispose of claims quickly. And while that may also be in the victim’s interest, it’s important not to get railroaded by an overzealous insurer. A recent decision by the Georgia…
Fight Instigated at Golf Course Not an “Accident” for Insurance Purposes
Golf is not supposed to be a contact sport. But when a fight broke out between two golfing groups at a Georgia club, litigation followed, and a federal appeals court had to settle at least one issue.. The court found the man who instigated the brawl could not turn to…
Federal Judge Allows Injured Veteran to Pursue Malpractice Case Against Government
The Federal Tort Claims Act (FTCA) allows individuals to sue the United States Government for certain torts committed by its employees. In this sense, the FTCA waives the traditional “sovereign immunity” that the government enjoys from civil lawsuits. Although federal courts have jurisdiction over complaints brought under the FTCA, cases…
Georgia Court of Appeals Dismisses Negligence Lawsuit Over Chemical Fire
Does a company admit negligence when its spokesman apologizes for an accident on its property? The Georgia Court of Appeals recently considered such a case and held that such an apology is not, without additional evidence, enough to sustain a lawsuit against the company. The appeals court affirmed a trial…
Federal Judge Says Insurer Liable for “Uninsured Motorist” Coverage In Accident Caused by Georgia County School Bus
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…
Georgia Appeals Court Dismisses Against City Over Prison Bus Accident
If you’re in a motor-vehicle accident, it can matter a great deal who owns the offending vehicle, at least when it comes to assessing legal liability. The State of Georgia and its subsidiaries, including cities and counties, are immune from most lawsuits arising from the negligent operation of vehicles by…
Georgia Judge’s Decision Highlights the Importance of Reading a Limited Liability Release
If you’ve been in an automobile accident due to another driver’s negligence, and that driver’s insurance company asks you to sign a limited liability release in exchange for receiving compensation, it’s important you understand exactly what future legal rights you may be signing away. Even if you think a release…
Georgia Supreme Court Dismisses Malpractice Lawsuit Against ER Supervisor
Is an emergency room supervisor responsible for the malpractice of medical staff under his supervision? The Georgia Supreme Court recently looked at such a case and answered “no.” The justices unanimously reversed a Court of Appeals decision that would have allowed a woman to pursue a professional negligence case against…