In many personal injury lawsuits, a victim’s ability to recover damages may be limited by the terms of any insurance policy covering the incident. For example, if you are injured on someone else’s property and bring a premises liability claim, the property owner’s insurance policy can dictate how much you…
Under Georgia law, a landowner who invites others onto his or her property is liable for any injuries arising from the owner’s “failure to exercise ordinary care in keeping the premises and approaches safe.” This does not mean a property owner must anticipate every possible scenario where someone may be…
In Georgia, a dog owner can be held liable for an injury caused by his or her animal, provided the victim can demonstrate “the dog had the propensity to do the act that caused the injury and, if so … the owner had knowledge of that propensity.” This propensity test…
Thousands of Georgia residents take vacation cruises every year. You might wonder what happens if someone is seriously injured while at sea on such a cruise. For example, what legal standards apply when determining a ship operator’s negligence? In a typical premises liability case—say, a slip and fall in a…
How far may a court go in allowing jurors to personally examine evidence? The Georgia Court of Appeals recently addressed this question in the context of a medical malpractice case. Specifically, the court reviewed a trial judge’s decision to allow jurors to physically touch a plaintiff’s hands. Piedmont Newnan Hospital,…
Many personal injury lawsuits come down to a “he said/she said” conflict: Two people get into an accident and each accuses the other of causing it. But what happens when one of the parties dies as the result of the accident, and there is no way to prove or disprove…
“Get your story straight” is good advice in life, and particularly when dealing with litigation. When a party to a personal injury lawsuit offers contradictory testimony, it can have a devastating effect on their case. In Georgia, courts enforce what is known as the Prophecy rule, which holds “when a…
On July 13, the Georgia Supreme Court issued an interesting decision regarding the use of expert witnesses in medical malpractice cases. Georgia law requires a person alleging malpractice present an affidavit from “an expert competent to testify” as to the medical provider’s negligent act. Without such an affidavit, the trial…
As a general rule, a property owner is liable for any dangerous conditions that he knows about or reasonably should have known about. The former is known as “actual notice,” while the latter is “constructive notice.” This applies not just to private property owners, but also city and county governments,…
In Georgia, most dog owners can be held liable if their animal bites or injures someone. Unfortunately, “most dog owners” do not include police officers, according to a recent Georgia Supreme Court decision. The justices reversed a lower appeals court which previously held a police officer could be sued for…