A property owner who has notice of substantially similar prior crimes on his or her property may be held accountable in an Atlanta premises liability lawsuit. In a recent Georgia appellate decision, the court considered an appeal arising out of a car accident that occurred at a mall. The plaintiffs,…
Articles Posted in Negligence
Duty to Use Reasonable Care in Another’s House in Georgia
In a recent Georgia personal injury action, the plaintiff sued the defendant, who worked for an electrical services company, when she fell on her as they walked down a staircase in her home. The plaintiff had asked the company for electrical services. Its two employees, one of whom was the…
Property Manager’s Liability After Sexual Assault at Georgia Apartment Building
When a property owner in Atlanta has reason to foresee there will be an injury-producing crime against certain visitors on his or her property, that property owner may be held accountable for the damages arising out of that crime in an Atlanta premises liability claim. In a recent Georgia appellate…
Can Georgia Parents Be Held Responsible For Their Daughter’s Accident?
There are different theories under which parents can be held vicariously (indirectly) liable for their child’s negligence while driving including the family purpose doctrine and respondeat superior. In a recent Georgia appellate decision, the court considered a Georgia car accident in which one driver sued a second driver for negligence…
Injury from a Defective Ladder at a Georgia Jobsite
It can be difficult to trace and prove liability if you are injured while using someone else’s tools on another’s property in Atlanta. Sometimes a defendant brings a motion for summary judgment and it is crucial to retain an experienced attorney soon after being injured so that all appropriate evidence…
Georgia Appellate Court Allows Plaintiff to Proceed Against a Maintenance Company
Generally, a business owner owes a nondelegable duty of care to an invitee for the purposes of a Georgia premises liability case. However, this nondelegable duty is inapplicable to an independent contractor. In a recent Georgia appellate decision, the plaintiff claimed that a company was responsible for reporting dangers in…
Georgia Court of Appeals Finds City Did not Have Constructive Knowledge of Road Defect
While many accidents are caused by negligent or reckless drivers who fail to take adequate precautions on the road, this is not the only reason that accidents occur. Foreign objects, obstructions, dangerous weather, and other unanticipated conditions can also cause automobile accidents. While many of these may be chance mistakes,…
Georgia Court of Appeals Upholds Fireman Rule to Dismiss Claim
Public officers such as firemen, police men, and emergency responders must frequently put themselves in a position of possible danger to do their job. While protecting the public, they may encounter dangerous conditions that they must address, and they may be injured in doing so. Under Georgia law, these public…
Georgia Court Finds Sufficient Evidence of Constructive Knowledge To Survive Summary Judgment
Many negligence cases turn on the question of whether a defendant, like a property owner, had sufficient actual knowledge of a hazard on his or her property, such that something should have been done to correct it. For instance, a plaintiff may allege that the defendant saw the hazard or…
Georgia Defendant’s Request for Change of Venue Denied By Appeals Court
One of the fundamental questions that must be resolved at the start of every lawsuit is where is the proper forum for a lawsuit to be brought. Plaintiffs may not simply bring a case anywhere they choose. Instead, the court hearing a lawsuit must have some logical connection to it, most…