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
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,...
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 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...
Product Liability Claims Can Yield Additional Compensation in Georgia Accident Cases
When a product defect or failure causes a personal injury or wrongful death, the accident victim (or his or her family, in the event of a fatality) may be able to recover money damages via a product liability lawsuit. In Georgia, the general rule is that a product...
Georgia Court of Appeals Rules For Property Owner In Deck Collapse Cases
In a court of law, some issues are within the province of the jury, and some are to be determined by the judge. Generally speaking, the jury decides issues of fact, and judges decide issues of law. Sometimes, however, a judge acts as the trier-of-fact in the absence...
Georgia Supreme Court Reverses Jury Award in Favor of Dental Patient Who Was Sexually Assaulted by CRNA
Under Georgia law, an injured person must prove four elements in order to establish a cause of action for negligence: duty, breach of duty, causation, and damages. A failure to prove any one of the elements by a preponderance of the evidence will lead to a judgment...