Negligence can arise in a wide variety of situations, whether at home, on the road, or out in public. In all scenarios, however, certain fundamental elements of a negligence claim must be met. A plaintiff must establish that a defendant had a duty to prevent harm to the plaintiff, that…
Articles Posted in Negligence
Georgia Court Holds that Company Cannot Be Held Responsible for Accident
While many accidents occur between vehicles owned by individuals, accidents also frequently occur that involve corporate vehicles. When this is the case, plaintiffs may seek to go after the corporate owner because they have deeper pockets for recovering medical and personal expenses. In a recent case before the Georgia Court…
Georgia Court Refuses to Allow Tort Action for Employee Truck Accident
When individuals are involved in a car or truck accident, they can typically bring a tort action against another driver or a different defendant in order to recover compensation for their injuries. However, when a plaintiff was involved in the accident while on the job, additional workers’ compensation issues may…
No Premises Liability for Grocery Store Spills in Georgia Without Constructive Notice
In states around the country, including Georgia, property owners owe individuals who come onto their property a basic duty to protect them from harm. This means that property owners cannot knowingly maintain harmful or dangerous conditions on their property, such as broken railings or deep holes, that put the public…
Georgia Court Determines Car Ownership in Disputed Auto Accident Case
In most instances, determining the ownership of a vehicle in an accident is a relatively straightforward inquiry. One can look at title and registration materials and determine who is on the official paperwork for the vehicle. But what happens when an automobile is being transferred from one person’s ownership to another…
Georgia Court Finds Insufficient Evidence of Causation in Car Accident Case
In order to successfully bring a claim for negligence under Georgia law, the plaintiff must be able to plead and prove the following elements: the existence of a duty of care on the part of the defendant, a breach of that duty, causation linking the breach to the alleged injury, and…
Georgia Court Affirms Dismissal of Car Accident Case, Citing Improper Service of Process
When a plaintiff initiates a car accident case against an alleged defendant, he or she must be absolutely certain to comply with any applicable legal procedural requirements under Georgia law. For instance, the state code mandates that actions for injuries to a person must be brought within two years after…
Georgia Court Rules Question of Negligence In Car Accident Case to Be Decided By Jury
Some form of negligent conduct on behalf of one or more parties is the cause of most car accidents. A person who has been injured in such an accident may be able to recover damages from the negligent party. But in order to do that, one must be able to…
Georgia Court Reviews Evidence of Settlement Negotiations in Auto Accident Case
In many personal injury lawsuits, opposing parties are able to resolve a court action through mutually satisfactory settlement negotiations. Claims arising from automobile accidents are no exception. Depending on the circumstances surrounding a car accident, including any allegations of negligence and the necessary supporting evidence, settling a case is often…
Georgia Court Affirms Immunity Defense in Car Accident Case Resulting From Police Chase
Car accidents on Georgia roadways are often the result of negligence on behalf of at least one driver. And unfortunately, these accidents tend to cause injuries to innocent drivers and their passengers in increasing numbers. At the very least, however, injured victims and their families may be entitled to legal…