negligence

Appeals Court Says Daycare Franchise Not Responsible for Child’s Injuries

March 22, 2015 | Benjamin S. Persons, IV

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 the law in this area.

Kids R Us International, Inc. v. Cope

The plaintiff in this case is the mother of a three-year-old child. The child was enrolled at a daycare center. One day, the child suffered injuries to his face when he collided with a metal gate located in the daycare’s play area. The mother argued the daycare center was negligent in failing to supervise her child and keeping the overall premises safe.

Georgia Appeals Court Holds Road Contractor Not Responsible for Car Accident

March 14, 2015 | Benjamin S. Persons, IV

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 sue the contractor responsible for the maintenance? The Georgia Court of Appeals recently addressed this question.

Brown v. Seaboard Construction Company

The plaintiff in this case was injured in a one-car accident. She was a passenger in a vehicle traveling down a causeway. The car hit a pothole filled with water, causing the vehicle to hydroplane and collide with a nearby guardrail.

Federal Judge Says Mother Cannot Sue for Stillborn Child’s “Pain and Suffering”

February 13, 2015 | Benjamin S. Persons, IV

The death of a child is always a tragedy for the parents. When that death is the result of negligence or medical malpractice, the parents will understandably seek justice against the responsible professionals. But, justice is a more complicated matter when the child dies before birth. A recent decision by a federal judge in Atlanta addresses the difficulty raised when trying to decide when life begins for purposes of the law.

Durden v. Newton County

This sad case arises from a 2012 incident involving a pregnant woman incarcerated in Newton County. An Alabama-based contractor helped provide the woman’s medical care while in prison. The prison and the contractor understood this was a “high-risk” pregnancy.