Government employees are not subject to the same standards as members of the general public. As a general rule in Georgia, a state employee enjoys “official immunity” when exercising discretion in the performance of his or her duties. Only when a state employee fails to carry out a specifically mandated…
Jurisdiction is often a tricky issue to understand in personal injury cases. Most personal injury lawsuits, such as those arising from motor vehicle accidents, are heard in state courts. But a case may be tried in federal court if there is “complete diversity” among the parties. This means, for example,…
Malignant mesothelioma is a deadly form of cancer usually caused by exposure to asbestos. Prolonged inhalation of asbestos fibers can lead to a mesothelioma diagnosis decades after the fact. Because asbestos was commonly used in the construction industry until the 1970s, over a million people are still at risk for…
The Georgia Court of Appeals has made it more difficult for persons injured on other people’s property to bring a premises liability claim. In a March 30 decision, a divided appeals court upheld a trial judge’s decision to grant summary judgment in the case of a man injured while working…
If someone is injured on your property and sues, you naturally expect your insurance company will cover any damages. But insurance policies are complex contracts often containing multiple exclusions, which could leave you on the hook for a large award. That is why it is important to understand every term…
On March 27, the Georgia Supreme Court issued a ruling that should benefit all patients who bring medical malpractice claims in the state. The high court unanimously affirmed a lower court’s decision allowing a malpractice plaintiff to amend his complaint after a trial court found it defective. The defect arose from…
It is common for victims in automobile accidents to reach out-of-court settlements with negligent drivers or their insurance carriers. But victims should always be mindful of Georgia law governing such settlements. If you make a “final” demand to an insurer for money, and the insurer accepts and agrees to pay…
In any personal injury lawsuit against a business—say, a slip-and-fall or similar premises liability case—the defendant may have a franchise relationship with another company. Does that mean the franchisor can be held liable for the local business’ negligence? A recent Georgia Court of Appeals decision provides a useful illustration of…
Motor carriers—persons and corporate entities who contract for the transportation of household goods or passengers—must carry insurance in order to legally operate in Georgia. Georgia law further provides a person injured as the result of a motor carrier’s negligence may directly sue the carrier’s insurance company for damages. But there are…
In a product liability case, a plaintiff attempts to hold a defendant responsible for the negligent design of a product that caused injury. But, what if the “product” is a public roadway maintained by private contractors? Can a plaintiff injured in an automobile accident caused by a defectively maintained road…