Personal Injury

Georgia Lodge Owner Not Responsible for Accidental Shooting on the Property

November 5, 2018 | Benjamin S. Persons, IV

There are a number of situations in which an individual or business may be held liable for a personal injury caused by someone else. Two of the more common ones involve the legal concepts of respondeat superior and premises liability. The first, respondeat superior, refers to cases in which an employee commits a tort in the course of carrying out the employer’s business. The second, premises liability, means a property owner had superior knowledge of a safety hazard that caused an injury to a person lawfully on the premises.

Manners v. 5 Star Lodge and Stables, LLC

Neither of these rules means a business is automatically liable for an accident just because it involves one of its employees or occurs on its land. Here is an example taken from a recent Georgia Court of Appeals decision. In this case, a woman was accidentally shot while on the premises of a lodge. The Court of Appeals, upholding an earlier ruling by a trial judge, held that the lodge was not legally responsible for the plaintiff’s shooting or injuries.

How Does a Traffic Ticket Affect the Timing of a Personal Injury Claim in Georgia?

October 31, 2018 | Benjamin S. Persons, IV

If you want to file a civil lawsuit against someone in Georgia, you need to be aware of the statute of limitations. This is basically the legal time limit to file a claim. For personal injury cases, Georgia’s statute of limitations is normally two years from the date the action “accrued.” For example, let us say you were injured in a car accident that took place on November 1, 2016. Under Georgia law, you need to sue the negligent driver no later than November 1, 2018. Even if you file one day past this deadline, the judge will throw out your case because legally, no court may hear a case once the statute of limitations has expired.

Williams v. Durden

However, there are certain events that can “toll” the statute of limitations. Tolling effectively stops the clock for a specified period of time. The burden is on the plaintiff to prove there is some legal grounds for tolling. In other words, do not assume you can simply file a personal injury lawsuit after the expiration of the two-year time limit unless you can cite a specific reason for tolling under Georgia law.

Ga. Appeals Court Rejects Malpractice Lawsuit Over Botched Patient Transfer

October 26, 2018 | Benjamin S. Persons, IV

Although medical malpractice cases are typically governed by state law, there are some situations in which federal law may also play a role. For example, the Federal Emergency Medical Treatment and Active Labor Act (EMTALA) sets standards that hospital emergency departments must follow when accepting Medicare patients. Hospitals may be held liable for failing to meet its EMTALA obligations, such as failing to properly screen or treat a patient who presents with a qualifying emergency medical condition.

Pham v. Black

The Georgia Court of Appeals recently addressed the application of EMTALA to a medical malpractice claim against a Georgia-based hospital and several of its doctors. This case began when the now-deceased victim arrived at the hospital’s emergency room complaining of a “racing heart rate.” One of the defendants, Dr. Pham, was on duty that night and had general responsibility for admitting patients to the emergency department.

Can You Recover Personal Injury Damages for Witnessing a Fatal Accident?

October 19, 2018 | Benjamin S. Persons, IV

An accident often leaves more than physical injuries. The victims also suffer emotional trauma that may persist for weeks, months, and even years after the accident itself. For this reason, Georgia law does recognize a variety of claims for emotional damages arising from an accident caused by a third party’s negligence.

Malibu Boats, LLC v. Batchelder

Just how far can such claims go? That is a question the Georgia Court of Appeals recently confronted in Malibu Boats, LLC v. Batchelder, a personal injury case arising from a 2014 boating accident in Rabun County, Georgia. The plaintiffs–a family including two adults and four children–took out a boat manufactured by the defendant onto Lake Burton.

Georgia Quail Preserve Not Liable for “Controlled Burn” That May Have Led to Truck Accident

October 12, 2018 | Benjamin S. Persons, IV

Although you might think negligence is a matter of “common sense,” the law is often not so simple. There are many situations in which a defendant who you might assume is negligent can still avoid liability due to a particular state law. Such exceptions unfortunately may leave victims with little or no recourse to seek damages.

Patton v. Cumberland Corporation

A recent decision by the Georgia Court of Appeals illustrates how one of these special legal exceptions work in practice. This case involves a single-vehicle truck accident. The plaintiff was riding in a truck with another man when it hit a fallen power cable. Although the driver tried to avoid the cable, the wire “caught the rear of the truck, lifting it 18 inches or more off the ground,” according to court records.

Georgia Court of Appeals Reinstates Lawsuit Against Alleged Hit-and-Run Driver

October 1, 2018 | Benjamin S. Persons, IV

Hit-and-run accidents are a common occurrence in Georgia. Many people are seriously injured by drivers who either do not know they caused an accident, or do know and flee to avoid taking responsibility. In either case, the victim is often left scrambling to identify the driver and take appropriate legal action to obtain compensation for their injuries.

Callaway v. Quinn

A recent decision by the Georgia Court of Appeals helps to illustrate the challenges hit-and-run accidents face in pursuing a personal injury claim. This case involves a 2015 hit-and-run accident. The plaintiff was driving her car and “stopped in traffic” when she was rear-ended by a “man driving a pickup truck” who “fled the scene.” Police investigators later found the truck abandoned in a nearby parking lot.

How Your Cruise Ship Ticket can Limit Your Right to File a Personal Injury Lawsuit

September 14, 2018 | Benjamin S. Persons, IV

Are you planning to take a cruise in the near future? If so, make sure to carefully read the back of your ticket and any other documentation the cruise operator sends you. Much of this “fine print” can substantially affect your legal rights in the event something goes wrong and you are injured during your cruise.

Davis v. Valsamis, Inc.

Consider this recent decision by the Atlanta-based U.S. 11th Circuit Court of Appeals, which oversees federal courts in Georgia, Florida, and Alabama. This case involves what the Court described as an “ill-fated sailing of the cruise ship Carnival Triumph” in February 2013. According to a Washington Post at the time, “Midway through a four-day Mexican cruise, the Triumph’s engine room caught fire, the ship lost power, and then suddenly it was just drifting, somewhere in the Gulf of Mexico.” Due to the power outage, passengers were stranded for days without working toilets, refrigerators, or air conditioners.

How do You Settle a Personal Injury Claim with an Insurance Company in Georgia?

September 7, 2018 | Benjamin S. Persons, IV

Georgia law creates a mechanism to settle personal injury claims arising from a motor vehicle accident prior to the filing of a lawsuit. Under this law, a settlement offer made by one party to the other must contain the following terms:

a time period to accept the offer, which may not be less than 30 days after it is received by the other party;
the amount of money to be paid;

Can a Judge Dismiss a Personal Injury Lawsuit for Failing to Meet Discovery Deadlines?

August 31, 2018 | Benjamin S. Persons, IV

When you file a personal injury lawsuit following a car accident, you need to be aware of the importance of deadlines. For example, there is a statute of limitations, which is the deadline imposed by Georgia law to file a lawsuit. Even after the lawsuit is filed, the trial court will impose numerous deadlines that must be followed.

Lyons v. O’Quinn

Among the important deadlines are those involving discovery–that is, the pretrial period in which the plaintiff and the defendant exchange documents and conduct depositions of witnesses. If either party fails to meet the stated discovery deadlines, the judge may impose sanctions, which in the case of the plaintiff’s non-compliance may include dismissal of the lawsuit outright.

Georgia Supreme Court Reinstates Food Poisoning Lawsuit

August 24, 2018 | Benjamin S. Persons, IV

Summer is a popular time in Georgia for outdoor events such as weddings, barbecues, and fairs. When attending such events, you need to be aware of food safety. According to the U.S. Centers for Disease Control and Prevention, food-based illnesses are more common in the summertime, and this is largely due to the fact more people are “cooking and eating outside” where “the usual safety controls that a kitchen provides, like monitoring of food temperatures, refrigeration, workers trained in food safety and washing facilities, may not be available.”

Patterson v. Kevon, LLC

The Georgia Supreme Court recently examined a personal injury lawsuit involving an alleged incident of food poisoning that took place at a catered wedding. The plaintiffs alleged they got sick after eating food provided by the defendant, a barbecue company, at a wedding rehearsal dinner. More precisely, the plaintiffs said the defendants’ food “was defective, pathogen-contaminated, undercooked, and negligently prepared.”