Marietta Injury Lawyer Blog

How Georgia Law Affects the Time to Bring a Product Liability Claim

May 5, 2017 | Benjamin S. Persons, IV

There is always some kind of deadline when it comes to a personal injury claim. For example, in product liability cases–i.e., a lawsuit against a manufacturer who produces a dangerous or defective item that injures someone–Georgia imposes a 10-year “statute of repose.” A statute of repose is similar to a statute of limitation. Both set a cut-off date for a plaintiff to bring his or her claim before the court.

Gaddy v. Terex Corporation

The 10-year statute of repose begins with the “first sale for use or consumption of the personal property” that allegedly caused the plaintiff’s injuries. So, let’s say you bought a car in 2008. You are later injured in an auto accident due to a defect in the car’s design. This means the statute of repose will expire in 2018.

Georgia Sword Retailer Accused of Negligence by Parents of Seriously Injured Teenager

April 30, 2017 | Benjamin S. Persons, IV

Dangerous and defective products injure thousands of Americans every year. Children and teenagers are especially vulnerable to poorly designed or manufactured products. Every parent’s worst nightmare is finding his or her child seriously and permanently injured due to a manufacturer’s reckless or negligent acts.

Ballinger v. Top Swords LLC

Last November there were news reports about a Kentucky teenager injured in a “freak accident” at his home. These early reports only said that the victim, a high school sophomore, “was injured when a piece of metal entered [his] forehead, causing trauma.” In fact, the trauma was so severe that the victim was in a coma for six weeks.

What Happens When a Defendant in a Personal Injury Case Fails to Appear in Court?

April 28, 2017 | Benjamin S. Persons, IV

Personal injury litigation is often a lengthy process, involving months or even years of pretrial discovery, followed by a trial and possibly several rounds of appeals. What happens when the defendant simply fails to respond to the plaintiff’s lawsuit? Does the plaintiff automatically win?

Anderson v. Family Dollar Stores of Georgia, LLC

In legal terms, a defendant who fails to answer a properly served complaint “defaults.” This does not necessarily mean that the plaintiff is entitled to damages. The default only means the judge must take the factual allegations in the plaintiff’s complaint as true. The judge must then determine if those allegations are properly pled–i.e., that they actually state a legal basis for granting relief.

Injured Farmhand Deemed Responsible for Work Vehicle Accident

April 21, 2017 | Benjamin S. Persons, IV

In a personal injury case, you cannot recover damages against a defendant based on negligence if you voluntarily assumed the underlying risk. To put it another way, if your own negligence caused the accident, you cannot blame someone else. In some cases, the plaintiff’s responsibility is considered so obvious, a judge will not even let a negligence claim proceed to trial.

Fuller v. McCormick

Here is one such case. The plaintiff worked as a farmhand. During the 13 years of his employment, the plaintiff regularly operated a Bobcat utility vehicle to perform various tasks around the farm.

Insurer Possibly on the Hook for Georgia Railroad Crossing Accident

April 11, 2017 | Benjamin S. Persons, IV

Earlier this year, the U.S. Department of Transportation launched a $7 million advertising campaign to warn drivers about the dangers of railroad crossings. The DOT noted that while the total number of railroad incidents have been in decline over the past decade, a person or vehicle is still hit by a train roughly every three hours. In 2016, there were 232 reported deaths due to railroad crossing accidents.

Liberty Surplus Insurance Corp. v. Norfolk Southern Railway Co.

Recently the U.S. 11th Circuit Court of Appeals in Atlanta dealt with a personal injury lawsuit arising from a 2011 railroad crossing accident. The victim was severely injured when a train struck her. She claimed she could not see te approaching train due to “overgrown and improperly maintained vegetation at the railroad crossing.”

Atlanta Mall Absolved of Responsibility for Patron’s Murder

April 6, 2017 | Benjamin S. Persons, IV

Negligent security cases are often the most difficult types of personal injury cases for victims to prove. Negligent security falls under the broader category of “premises liability,” i.e. a property owner’s legal duty to keep that property in reasonably safe condition for customers and other invitees. While premises liability does not ordinarily extend to criminal acts committed by third parties, a property owner may be responsible for failing to provide adequate security, including proper lighting, locks, or guards.

Fair v. CV Underground, LLC

The Georgia Court of Appeals recently addressed a negligent security claim against a well-known Atlanta shopping center. The plaintiffs were the parents of a man shot and killed on the defendant’s premises. Both the trial court and the Court of Appeals agreed the parents failed to present a case that could survive summary judgment.

Georgia Landlord Not Responsible for Deck Collapse at Party

March 31, 2017 | Benjamin S. Persons, IV

Property owners are liable for injuries caused by their failure to correct or repair dangerous conditions. But what if the owner has rented or leased the property to someone else? Under Georgia law, an owner who has “fully parted with possession” (i.e., a landlord) is not liable for injuries sustained by third parties on the premises.

There are two exceptions to this rule. First, the landlord is liable if the injury was the result of “defective construction.” Additionally, the landlord is responsible for his or her own “failure to keep the premises in repair.”

Aldredge v. Byrd, et al.

Is a Georgia Doctor Liable for Failing to Properly Diagnose a Suicidal Patient?

March 24, 2017 | Benjamin S. Persons, IV

Mental illness is a serious problem for many Georgia residents. Tragically, many people do not get the care they need until it is too late. In some cases, mental health care providers are negligent in failing to take immediate action to prevent a victim from harming him or herself.

Everson v. Phoebe Sumter Medical Center

The Georgia Court of Appeals recently addressed a wrongful death lawsuit brought by the family of a Georgia man who died as a result of his untreated mental illness. The lawsuit specifically accused the hospital and psychiatrist who saw the victim a few days before his death with failing to properly diagnose his condition and take appropriate action.

Georgia Justices Reject Emotional Distress Claim Over Mishandling of Child’s Remains

March 17, 2017 | Benjamin S. Persons, IV

An often overlooked element of many personal injury cases is the emotional harm sustained by the victim. Georgia courts have long recognized “negligent infliction of emotional distress” as a tort, but recovery is generally limited to cases in which the emotional distress is connected to a “physical impact.” In other words, if you are physically hurt in a car accident, you can sue the negligent driver for your emotional trauma, but you cannot seek damages for purely emotional scarring, i.e. watching a loved one die in an accident.

Coon v. Medical Center, Inc.

In 2000, the Georgia Supreme Court made an exception to the “physical impact rule,” holding that when a parent and child are both physically injured in the same accident, the parent can seek damages for the emotional distress caused by watching the child “suffer and die.” Recently, the state Supreme Court declined to extend this exception to another case in which a mother suffered emotional harm after watching a hospital mishandle the remains of her daughter.

Georgia Supreme Court Reinstates Lawsuit Over Pitbull Attack

March 10, 2017 | Benjamin S. Persons, IV

When is a dog owner legally responsible for an attack that injures someone else? Georgia law states that anyone who “keeps a vicious or dangerous animal” is liable for “careless management” of said animal. The question then becomes, how do you know when a dog is vicious or dangerous?

Steagald v. Eason

In 2015, the Georgia Court of Appeals dismissed a personal injury lawsuit brought by the victim of a pitbull attack. The court said there was no evidence that the defendants, the pitbull’s owner, had specific knowledge their dog might commit an “unprovoked attack on a stranger coming into the yard.” The court brushed off evidence of the pitbull’s “snapping” and other prior aggressive behaviors as “not unusual” for a dog.