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Negligence Archives

Product Liability Claims Can Yield Additional Compensation in Georgia Accident Cases

bucket-truck-277x300.jpgWhen 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 liability claim must be filed within two years of the date of the accident or within 10 years of the date that the product was first sold. (Of course, it is always best to talk to an experienced personal injury attorney about your particular situation, since different or additional deadlines may apply.)

Georgia Court of Appeals Rules For Property Owner In Deck Collapse Cases

deck-200x300.jpgIn 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 of a jury (which is called a "bench trial"). A judge may also act as a "13th juror" with the authority to decide that "reasonable jurors would have reached a contrary result" and take appropriate action to correct the error.

Georgia Supreme Court Reverses Jury Award in Favor of Dental Patient Who Was Sexually Assaulted by CRNA

dental-tools-300x209.jpgUnder 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 for the defendant.

The Exclusive Remedy Doctrine of the Georgia Workers' Compensation Law and Possible Exceptions

shutterstock_184276655-768x480.jpgMost people have never heard of the "exclusive remedy" provision of Georgia's workers' compensation law. Given the frequency with which the word "exclusive" is used in conjunction with a sales pitch in popular culture (such as an "exclusive offer" or an "exclusive resort"), the term might be quite confusing in the context of a work-related injury
claim.

Georgia Court of Appeals Overturns Summary Judgment in Negligence Case Involving Nursing and Rehabilitation Center Patient's Death

empty-hospital-bed-300x225.jpgWhen 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.

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