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…
The Georgia Court of Appeals recently upheld an award of over $2.6 million to a Fayetteville woman who suffered personal injuries while shopping at a local grocery store. By a 6-1 vote, the appeals judges rejected the store’s claim it lacked “actual or constructive knowledge” of the hazard that caused…
Expert testimony is often the key to winning a product liability case. If an expert witness proves inadequate, the plaintiff’s case may not survive long enough to get in front of a jury. To give a recent example, a federal judge in Savannah gutted most of a plaintiff’s case on…
Personal injury cases are usually tried in state courts under state law. But when the plaintiff and defendant are citizens of different states–say, an individual plaintiff living in Georgia sues a company based in Florida–then the case may be removed to a federal court. The federal court must still decide…
Grade-crossing collisions–accidents where trains hit vehicles–are a surprisingly common occurrence in the U.S. railroad industry. Norfolk Southern, one of the largest railroads on the east coast, reported approximately 2,500 grade-crossing collisions over a four-year period–more than one accident per day. Railroad employees are frequently injured in these collisions, and unlike…
The “Ramblin’ Wreck” is well known to students and football fans at Georgia Tech. Since 1961, the Wreck–an authentic 1930 Ford Model A–has led the Tech football team into home games at Bobby Dodd Stadium in Atlanta. The Wreck is owned by the university but supervised by a student group…
In a personal injury lawsuit, it’s critical to establish all of your facts before proceeding to court. It’s not enough to simply accuse someone of causing you an injury. There must be sufficient facts alleged to connect the injury to some action–or inaction–by the defendant. If a plaintiff can’t present…
Is a restaurant liable when a customer is stabbed on its property? The Georgia Court of Appeals recently addressed this question and answered with a resounding “no.” A three-judge panel upheld a trial court’s decision awarding summary judgment to the restaurant. The incident took place back in 2010. The victim…
In personal injury cases, trial juries are expected to employ their common sense and knowledge in determining liability. Expert testimony may provide a jury with specialized knowledge, but, as the Georgia Supreme Court has said in Cower v Widener, most “simple negligence” cases such testimony is not required “to establish…