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Negligence Archives

Defective Roadway Claim Against City Turns on Issue of Notice

photo_93619_20170529-300x200.jpgIn an Atlanta car accident lawsuit, the defendant is not always a negligent motorist whose actions led to a crash. Sometimes, a party who was not even present at the accident scene may be named as a defendant - such as in a product liability lawsuit against the manufacturer of an uncrashworthy vehicle or, as in a recent appellate case, a city (and city officials) who allegedly failed to maintain a roadway, thus causing an accident.

Georgia Appeals Court: Details Matter in Notice of Injury Claim!

photo_24314_20130427-300x200.jpgIn an Atlanta personal injury lawsuit filed against a municipal corporation (such as a city government), the injured person must give written notice of his or her claim prior to filing suit, or else he or she will not be allowed to maintain a negligence case seeking compensation for his or her injuries.

Atlanta Federal Court Denies Injured Cyclist's Motion to Exclude Expert Testimony by Accident Reconstructionist

photo_31119_20140324-663x1000.jpgWhen the cause of an Atlanta motorcycle accident is disputed, one or both parties may seek to introduce the testimony of an accident reconstructionist. Such testimony is not automatically heard by the trier of fact at trial, however, since the burden of proving the admissibility of the witness' testimony is on the party seeking to introduce it. Unless the proposed expert is properly qualified to testify as to the issues at hand, the trial court judge will not allow the testimony.

Georgia Court of Appeals: No Claim Against Third Party for Losing or Destroying Evidence

shutterstock_550048915-300x169.jpgOne of the reasons that it is so important to talk to an attorney as soon as possible after a motor vehicle collision or another accident resulting in injuries or death is that there may be several potential theories of recovery, some of which may not be obvious to the injured party or his or her family.

Presentment of Personal Injury Claim to "Outside" Attorney Sufficient Ante Litem Notice

bus-300x204.jpgUnder Georgia Code § 36-11-1, a claim against a county government must be presented within 12 months after it accrues or becomes payable. Otherwise, the claim is barred, and the plaintiff has no further recourse.

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