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...
Negligence
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...
The Exclusive Remedy Doctrine of the Georgia Workers’ Compensation Law and Possible Exceptions
Most people have never heard of the "exclusive remedy" provision of Georgia's workers' compensation law. Prior to modern-day workers' compensation laws, if a worker was hurt on the job, he or she had the right to sue the employer in tort. To be successful, the worker...
Georgia Court of Appeals Overturns Summary Judgment in Negligence Case Involving Nursing and Rehabilitation Center Patient’s Death
When a medical provider's treatment of a patient falls below the applicable standard of care, a cause of action for medical negligence or wrongful death may lie. Of course, liability is not automatic - even when a patient dies. The burden of proof in a negligence...