Sometimes in personal injury and car accident cases, individuals who have not actually caused the accident themselves can also be held liable for the injuries that result. This is often known as vicarious liability. Examples of vicarious liability include employers that are held liable for the actions of their employees,…
Car chases happen relatively infrequently during police activity, despite the fact that they are often sensationalized on the TV and in movies. In reality, car chases are difficult and dangerous affairs, with the potential for injuries to the driver fleeing the police, the police themselves, and innocent bystanders. When police…
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,…
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…
Companies throughout Georgia and the United States are increasingly turning to independent contractors to satisfy various job functions in their businesses. Independent contractors save businesses on employment taxes, limit the number of employees who may access benefits, and reduce the liability of the company. As a recent case before the…
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…
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…
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…
As an initial phase in any case, plaintiffs must notify defendants that they are being sued in court. This is done by serving them with a copy of the complaint, through what is known as service of process. If service of process is not done properly, a defendant may not…
During the course of a lawsuit, there are many opportunities for litigants to attempt to end a case early, without proceeding to trial. A defendant may move to dismiss a case at the early stages, arguing that the plaintiff has not alleged any real violation of the law. Later, after…