Personal Injury

Parents Sue Atlanta Restaurant Over Death of 5-Year-Old Son

November 23, 2017 | Benjamin S. Persons, IV

Any Georgia business that opens its doors to the public must take care to keep its premises in reasonably safe condition. This is especially important when dealing with young children, who are more prone to accidents than adults. While it may not be possible to completely child-proof a business establishment in the same manner as a home, business proprietors must still strive to identify and eliminate obvious hazards that could seriously injure or kill an innocent child.

Holt v. Marriott International, Inc.

On November 15, two parents filed a lawsuit in Fulton County Superior Court alleging negligence on the part of multiple defendants in the tragic death of their 5-year-old son. The lead defendants own and operate a popular rotating restaurant in downtown Atlanta. One day this past April, the plaintiffs and their two small children, including the victim, had lunch at this restaurant, which is actually built on a platform that rotates around a stationary core, affording patrons a 360-degree view of Atlanta.

Georgia Jury Awards $600,000 for Pain and Suffering in Restaurant Slip and Fall Case

November 17, 2017 | Benjamin S. Persons, IV

In a premises liability case, a defendant may be held responsible for failing to post proper warning signs regarding a hazard on the property, such as a “wet floor” sign near a puddle of water. These types of slip and fall cases are highly fact-specific, however, and what constitutes an inadequate warning in one case may be deemed insufficient to prove the defendant’s liability in another case.

Vineyard Industries, Inc. v. Bailey

Here is an example in which the defendant was held liable. This is a recent Georgia slip and fall case involving a popular fast food restaurant. The victim is a minor who went to the defendant’s restaurant one morning for breakfast. After placing her order, she used the restroom. Upon exiting the restroom, she passed the restaurant’s drink machine, where she slipped and fell on the wet floor.

Is a Georgia Mental Health Care Facility Liable for Discharging a Patient Who Commits Murder?

November 10, 2017 | Benjamin S. Persons, IV

Georgia’s mental health system has come under increasing public and regulatory scrutiny in recent years. Too many people suffering from serious mental illness do not receive adequate treatment. While that is tragic in and of itself, the system’s failures are compounded when these untreated patients injure or even kill innocent third parties.

Curles v. Psychiatric Solutions, Inc.

The Georgia Court of Appeals recently considered a mental health care facility’s potential civil liability in one such case. A woman with a long history of “psychotic breaks” was committed to a private psychiatric facility on three separate occasions. Approximately two weeks after the facility discharged her for the third time, the woman killed her grandmother and another man.

Is a Georgia Motorist Liable if an Animal Suddenly Darts into the Road?

November 4, 2017 | Benjamin S. Persons, IV

Car accidents are often the result of a driver failing to keep a proper lookout for hazards in the road. As a driver, you should never assume the road in front of you is clear. If you do get into an accident caused by another who did not keep his or her eyes on the road, you may have a personal injury claim for damages.

Kelly v. Fann

Georgia courts never assume that a driver failed to keep a lookout. The legal burden is on the plaintiff to establish, by a preponderance of the evidence, that the defendant ignored a legal duty. This means, for instance, the plaintiff must show that the defendant ignored the rules of the road or failed to exercise appropriate caution when confronting a known hazard. A judge may dismiss a car accident lawsuit on summary judgment if the plaintiff cannot produce sufficient evidence from which a jury can find negligence.

Georgia Court Says Funeral Attendee can Proceed With Slip-and-Fall Claim Against Church

October 31, 2017 | Benjamin S. Persons, IV

Personal injury claims based on premises liability under Georgia law generally revolve around two questions. First, did the property owner have knowledge of the hazard that caused the plaintiff’s injuries? Second, did the plaintiff have “equal or superior” knowledge of the same hazard, thereby absolving the defendant of any potential liability?

Stewart v. Brown

Here is a simple illustration of how courts examine these questions in practice. This is taken from a recent decision by the Georgia Court of Appeals. In this case, a trial judge granted summary judgment to the defendant in a slip-and-fall case. The Court of Appeals reversed the trial court and returned the case for trial on the merits.

Georgia Appeals Court Rejects Pair of Negligent Road Lawsuits

October 27, 2017 | Benjamin S. Persons, IV

Car accidents are not always the result of driver negligence or error. Sometimes the road is to blame. When state and local authorities fail to properly correct a hazardous roadway condition or are negligent in the design of the road itself, it may be possible for an injured driver to recover damages.

Just becomes something is legally possible does not mean that it is easy. In fact, the Georgia Court of Appeals recently threw out two personal injury lawsuits arising from alleged road defects. In both cases the appeals court adhered to a much stricter interpretation of the law than the trial courts, which thought the plaintiff’s claims had some merit.

The Georgia Department of Transportation v. Balamo

Can You File a Wrongful Death Lawsuit for a Work-Related Death?

October 19, 2017 | Benjamin S. Persons, IV

In most cases, if you lose a spouse or parent due to third-party negligence, you can bring a wrongful death lawsuit under Georgia law to recover a wide range of damages, including the deceased relative’s lost wages, medical and burial expenses, as well as non-economic damages for their pain and suffering and your own loss of companionship.

If your loved one died as the result of a workplace accident, your legal options may be limited. Workers’ compensation provides the “exclusive” remedy for all on-the-job injuries, including those that are fatal. Since workers’ compensation is a “no-fault” system, you do not need to prove the employer was negligent; however, your damages would be limited to those death benefits mandated by the Georgia Workers’ Compensation Act (GWCA).

Mangham v. Westin Hotel Management, LP

Does Workers’ Compensation “Offset” a Georgia Uninsured Motorist Carrier’s Liability for a Car Accident?

October 6, 2017 | Benjamin S. Persons, IV

Uninsured motorist (UM) coverage provides valuable protections for Georgia residents who are injured in a car accident caused by a driver who either failed to purchase insurance–in violation of the law–or lacks sufficient coverage to fully compensate the victims for their losses. All Georgia insurers are required to offer UM coverage and must adhere to certain restrictions contained in state law. Even if a customer agrees to the terms of a UM policy that conflicts with state law, that does not override the law, nor does it permit an insurer to escape liability.

Georgia Farm Bureau Mutual Insurance Company v. Rockefeller

Consider this recent decision by the Georgia Court of Appeals. This case involves a UM policy held by the the defendant, who was injured in a two-car accident with another driver. The defendant said the other driver caused the accident and filed a personal injury lawsuit against him in Georgia state court. Because the defendant had reason to believe the driver was “underinsured,” he also served his UM carrier, the plaintiff in the present case.

Why do Personal Injury Defendants Transfer Cases to Federal Court?

September 29, 2017 | Benjamin S. Persons, IV

Personal injury cases are generally a matter of state law. Many non-Georgia defendants will seek to transfer a personal injury claim to federal court. There are a number of reasons why they do this.

First, while a federal court must still decide the merits of a personal injury claim under the substantive law of the forum state, the trial itself is conducted under federal rules of evidence and procedure. This often benefits defense attorneys, who have more practical experience trying cases in federal court. Federal rules also make it easier for defendants to seek dismissal of a plaintiff’s complaint during the summary judgment stage, i.e. before the case gets to a jury.

Second, the jury pools in federal court are much broader than in state court. Let’s say you are in a car accident in Marietta. The negligent driver lives in Florida. If you file a personal injury claim in state court, the jury will be drawn from residents of Cobb County. But if the case is removed to federal court–the Northern District of Georgia–the jury pool suddenly expands to 46 counties. This can produce a final jury that is less sympathetic to a “local” plaintiff.

Is “Joint and Several” Liability Dead in Georgia?

September 22, 2017 | Benjamin S. Persons, IV

Many personal injury claims involve more than one defendant or negligent party. Historically, if a Georgia court found multiple defendants liable for an accident, all of the defendants could be held collectively responsible for any monetary judgment. This is known as “joint and several liability.” But in 2005, the Georgia legislature amended the state’s tort laws to require a jury (or judge) “apportion its award of damages among the persons who are liable according to the percentage of fault of each person.”

Renaissance Recovery Solutions, LLC. v. Monroe Guaranty Insurance Company

This amendment has largely–but not completely–eliminated joint and several liability in Georgia. In fact, a federal judge in Augusta recently addressed a case in which a state court previously, and apparently erroneously, issued a joint and several liability verdict.