It is important to examine the circumstances of a Georgia car accident closely to determine whether someone other than a driver is partially or fully to blame for an accident. In a recent Georgia appellate decision, a couple sued a mobile device app company for negligence and loss of consortium…
Slip and fall litigation in Georgia often turns on the question of whether a dangerous condition was created by a property owner, or whether the property owner knew or should have known about the dangerous condition and made appropriate repairs or offered warnings. In a recent Georgia appellate decision, a…
In a Georgia wrongful death lawsuit, the United States District Court for the Northern District of Georgia certified two questions to the Georgia Supreme Court. It asked whether the damages that could be recovered in a wrongful death lawsuit brought by a decedent’s survivors were restricted by a settlement entered into…
In a recent Georgia car accident, and appellate decision was reached after the passengers in a car going southbound on I-75 were injured when an unknown driver swerved into their lane. The driver of the passenger’s car slammed on the brakes. A driver behind that car was allegedly following too…
In Georgia vehicle accident cases, determining liability can often be very complicated. First there are questions of driver negligence, driving under the influence or falling asleep at the wheel. Next there are product liability questions – did a car part fail or did some key mechanism not do what it…
In many Georgia litigation cases, actually filing a complaint in court is the option of last resort. Particularly in accident cases where the liability of one party is clear, both parties can typically avoid the time and expense of court time if they can agree to a settlement before a…
Georgia premises liability laws are meant to protect plaintiffs who are injured when they encounter a dangerous condition on another person’s property, and the property owner had knowledge of the condition but failed to warn the plaintiff. This liability is fairly circumscribed and requires certain things to have first occurred.…
Jury instructions are an often overlooked but incredibly important part of the trial process. The instruction that a jury receives helps them understand and evaluate the case, and make a determination about the ultimate issues. Jury instructions can be crafted in a certain way to help tell a party’s story…
Many times in an auto accident case, a defendant will have only a limited amount of automobile insurance, or perhaps no insurance at all. When this happens, plaintiffs can try to recover against their own insurance company under an uninsured motorist claim. While uninsured motorist claims are usually used when…
Governmental immunity can be a confusing concept under Georgia law. As illustrated in past cases on this blog, some government officers and agencies can be found immune from litigation, while others may fall in special exceptions that prevent them from being held liable in a lawsuit. A recent Georgia car…