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…
It is often difficult to reconstruct the events of a motor vehicle accident. If the accident resulted in fatalities, the victims are obviously unavailable to testify. Other accounts may not be considered admissible evidence in court. The Georgia Court of Appeals recently addressed such a case. Maloof v. Metropolitan Atlanta…
Most personal injury cases are filed in state court. That is because most torts, including personal injury, are governed by state law. There are, however, times when a personal injury case is filed in state and then removed (transferred) to a federal court. This is typically done by out-of-state defendants,…
Animal control is an often overlooked aspect of law enforcement. Under Georgia law, sheriffs and other local law enforcement officers have a duty “to impound livestock found to be running at large or straying.” But, what happens when a law enforcement officer’s failure to perform this duty leads to the serious…