What can a victimless accident tell you about negligence? Bridges and roads are an essential part of moving goods, people and material around in Georgia and the rest of the country. People rely on the roads and are at their mercy. If a person is injured by an unsafe...
Negligence
Duplicative Claims Dismissed in Car Accident Case Involving Police Officer
Generally speaking, when an Atlanta car accident is caused by the negligence of someone who is "on the clock" with their employer, the employer can be held vicariously liable for the resulting injuries to the plaintiff. There are some exceptions to this general rule,...
Venue in Georgia Trucking Accident Cases is Crucial to Getting Justice for the Injured Victim
Atlanta truck accidents can result in complex litigation, including claims against not only careless truckers but also the companies for which they work. In a truck accident lawsuit, a trucking company may be held vicariously liable for the negligence of its employee,...
Defective Roadway Claim Against City Turns on Issue of Notice
In 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...
Georgia Statute of Limitations Bars Parents’ Child Injury Claim
There's an expression, "don't sweat the small stuff," that implies that the finer details of a situation often do not really matter. While this may be true for some things, it is definitely not true in a Georgia premises liability case. The details matter, and they...
Georgia Appeals Court: Details Matter in Notice of Injury Claim!
In 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...
Georgia Shooting Victim’s Case Against Insurance Company Thrown Out
Law students are taught that there are four basic components to a negligence lawsuit: duty, breach of duty, causation, and damages. Theoretically, an Atlanta personal injury claimant who can prove each of these elements by a preponderance of the evidence should be...
Atlanta Federal Court Denies Injured Cyclist’s Motion to Exclude Expert Testimony by Accident Reconstructionist
When 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...
Georgia Court of Appeals: No Claim Against Third Party for Losing or Destroying Evidence
One 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...
Presentment of Personal Injury Claim to “Outside” Attorney Sufficient Ante Litem Notice
Under 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. It seems like a simple enough idea, but the issue can...