All Georgia business owners need to take reasonable steps in keeping their premises safe for customers. The key word here is “reasonable.” The law does not require businesses to guarantee safety against all possible or conceivable threats to a customer’s well-being. Hill v. MM Gas & Food Mart, Inc. A…
When a car accident occurs, there may be more than one party who is liable for the victim’s injuries. For example, if the negligent driver was acting on behalf of an employer, the latter can be sued under a number of legal theories. Depending on the specific facts of the…
Personal injury lawsuits against the State of Georgia or any state agency must strictly comply with the terms of the Georgia Tort Claims Act (GTCA). The GTCA is a state law that waives Georgia’s normal “sovereign immunity” from lawsuits. Before anyone can file a claim under the GTCA, for instance,…
Georgia property owners are required to exercise “ordinary care” in keeping their invited guests and members of the public safe. This does not mean the owner must absolutely guarantee a person’s safety. For example, under most circumstances the owner is not liable for a criminal act committed by a third…
When an accident involves a commercial truck, there are usually records available with respect to the vehicle’s safety and maintenance. Such records can be made available to an injured victim during the discovery process of a personal injury lawsuit. If those records are improperly withheld–or even destroyed before they can…
Each year, many Georgians celebrate the 4th of July by purchasing and setting off their own fireworks despite the known safety risks. Unfortunately, this can lead to tragic outcomes. Not only is there is the potential for something to go wrong when setting off fireworks in an unsupervised environment–the mere…
When a person is seriously injured in a motor vehicle accident, the responsible insurance company may face conflicting obligations under Georgia law. On the one hand, the insurer must settle a valid claim in good faith. For example, if an insurer knows its policyholder is responsible for causing an accident,…
Motorcycle accidents often leave the victim with devastating injuries. So, when the accident is even partially the result of a defect in the design or production of the motorcycle itself, the manufacturer may be liable for damages under Georgia law. However, a judge or jury may decide that the motorcyclist…
When it comes to personal injury claims, you should never make assumptions. For instance, even if you believe an accident was the result of a faulty piece of equipment, you still need to prove it in court. Do not assume the judge (or jury) will just take your word for…
You probably have heard the term “wrongful death” in the context of personal injury law. Basically, this is a lawsuit that alleges a defendant’s negligence led to the death of the victim. The victim’s estate or heirs then have the legal right to seek damages from the responsible parties. Some…