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Marietta Injury Lawyer Blog

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Photographs Insufficient to Prove “Dangerous” Crosswalk in Slip-and-Fall Case

One of the most common types of personal injury claims against the owner of a business or other premises is the “slip and fall.” Essentially, there is a hazardous condition on a given property that causes a visitor to slip, fall, and suffer some form of serious injury. Under Georgia…

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Atlanta Court Rejects Vacationing U.S. Couple’s Lawsuit Against Bahamas Resort

Many Georgia residents choose to vacation in the Caribbean each year. But what happens if you are injured due to a third party’s negligence while on vacation? Can you file a civil lawsuit against the responsible parties in Georgia, even if the incident occurred outside of the United States? Cleveland…

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Georgia Court Orders New Trial Over Improperly Screened Jury

In any type of Georgia civil case, such as a personal injury lawsuit, the parties are entitled to have their dispute heard by an “impartial” jury. Among other things, this means that none of the jurors are related to any of the parties to the case. In car accident lawsuits,…

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Can a Long-Term Illness Cause a “Sudden Emergency”?

In Georgia, a defendant in a personal injury case arising from a car accident may argue what is known as the “sudden emergency” defense. Put simply, this means the defendant alleges he or she was presented with a sudden emergency and had insufficient time to react. If this was the…

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Georgia Judge Settles Question of Who Owned Car on Day of Fatal Accident

Insurance policies frequently cover any damages incurred due to a car accident. But it is not unusual in Georgia for insurance companies to disclaim or otherwise reject coverage if the insured does not strictly comply with all terms of the policy. In some cases, insurance companies may end up fighting…

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Georgia Homeowner’s Policy Does Not Cover “Accidental” Shooting

A homeowner’s insurance policy typically covers the policyholder’s liability for personal injury claims that occur on the property. For example, if someone slips and falls in your home and subsequently sues you, your homeowner’s insurance policy will pay for any damages. But not every injury that occurs on a property…

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Georgia Supreme Court Reinstates Malpractice Case After Upholding Expert Witness Requirements

Medical malpractice is treated differently than most personal injury claims in Georgia. State law requires a malpractice plaintiff to submit an affidavit from a qualified expert who can attest that there is “at least one negligent act or omission claimed to exist and the factual basis for each such claim.”…

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George Agency Faces Trial Over Deadly Accident Following Wildfire

Although we charge police and fire departments with protecting lives and property, as a matter of law it is difficult to actually sue these agencies if they fail in their duties. Georgia law extends sovereign immunity to absolve state agencies of any liability arising from a “failure to provide, or…

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Georgia Court Sorts Out Responsibility for Deadly Three-Car Accident

In a personal injury lawsuit, such as a negligence claim arising from a car accident, the plaintiff must establish causation—that is, how the defendant’s actions were the proximate cause of the plaintiff’s injury. If a plaintiff fails to advance a plausible theory of causation, a Georgia court may dismiss the…

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Railroad Not Liable for Fatal Accident at Gwinnett County Crossing

If you are driving and there is a sudden emergency—for example, an accident takes place in front of you and you instinctively swerve to avoid the collision—can you be held liable for your own actions? In many cases, the answer is no. Georgia law recognizes a “sudden emergency” defense. This…

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