If you are injured due to a hospital’s negligence, you would assume that you have the right to sue for damages. If the hospital is a charitable institution, however, it may not be that simple. For nearly a century, Georgia courts have recognized a special “charitable immunity” that protects such…
If you have ever read a news article about a large personal injury award, you may wonder how the jury (or judge) came up with that figure. While calculating damages is not an exact science, it is also not mere guesswork. The plaintiff in a personal injury case must present…
If a reckless driver injures someone in a car accident, the driver may not be the only person liable for damages. If the driver was operating a vehicle owned by his or her employer, the employer may be vicariously liable for the victim’s injuries. If the employer had the vehicle…
Dog bites and animal attacks are scary experiences that can result in significant physical and mental injuries. Owners who fail to take responsibility for dangerous animals may be held liable in court. But victims may have difficulty recovering damages if they voluntarily assumed risk or had “equal knowledge” of the…
In his recent State of the State address, Gov. Nathan Deal praised the work of Georgia’s Division of Family and Child Services (DFCS), whose employees are charged with protecting abused and neglected children. The governor singled out a case manager in Telfair County who saved an infant’s life. He also…
Dealing with personal and health care issues following a car accident is stressful enough. If your financial situation has also deteriorated to the point that you need to file for bankruptcy, you should understand the impact that might have on any personal injury claim arising from your accident. If you…
The normal rule in Georgia personal injury lawsuits is that each party is responsible for its own attorney’s fees and costs. Of course, the Georgia legislature may alter this rule. One such exception is contained in a 2005 “tort reform” law that allows a defendant to recover attorney fees from…
Nursing homes and rehabilitation centers are responsible for patients who require ongoing medical care. When these facilities fail to follow proper protocols, the results can be fatal. Under Georgia law, any health care provider may be liable for wrongful death if there is a breach of duty that is the…
One of the critical rules in personal injury law is the doctrine of respondeat superior. Basically, this means an employer is vicariously liable for a tort committed by an employee in the “course or scope” of his or her employment. For example, if a delivery van runs a red light…
Many Georgia car accidents are the result of a defect in the vehicle itself. Georgia product liability law recognizes three types of defects: manufacturing defects, design defects, and warning defects. The second group, design defects, includes any product that is not “reasonably suited to the use intended.” This means, for…