Published on:

Georgia law draws a sharp distinction between ordinary negligence and medical malpractice. The former does not necessarily require an expert’s opinion to prove liability, but the latter does. Specifically, the Georgia Supreme Court has said that medical malpractice victims must present evidence from at least one expert witness in order to “overcome the presumption that the [defendant] acted with due care and establish the [defendant]’s negligence.”

Southeastern Pain Specialists, PC v. Brown

Even in cases of egregious medical malpractice in which you would think common sense would tell you there was negligence, Georgia courts still demand expert testimony. To drive this point home, the Georgia Supreme Court recently threw out a $22 million verdict against an Atlanta doctor and his clinic. The justices felt the trial judge failed to properly instruct the jury on the differences between ordinary and medical negligence.

Published on:

In 2014, Georgia enacted the Business Security and Employee Privacy Act (BSEPA), more popularly known as the “Bring Your Guns to Work” law. The purpose of this law is to prevent private and public employers in Georgia from restricting the freedom of their employees to keep firearms in their cars while at work. Basically, an employer may not “search the locked privately owned vehicles of employees or invited guests on the employer’s parking lot,” so long as any guns are kept “locked out of sight within the trunk, glove box, or other enclosed compartment.”

Lucas v. Beckman Coulter, Inc.

So long as an employer complies with the BSEPA’s requirements, it cannot be held civilly or criminally liable for any injury arising from the “transportation, storage, possession, or use of a firearm” from its premises. The law makes two exceptions, however, for cases in which the employer itself actually commits a crime using a firearm or it otherwise “knew that the person using such firearm would commit such criminal act” on its premises.

Published on:

Your parents probably told you, “Watch where you’re going!” more than a few times when you were kid. This is not just good advice. It is also an important reminder that you are expected to be aware of your surroundings at all times. From a legal standpoint, your awareness or lack thereof may be a critical issue in a personal injury case, particularly when you have alleged negligence on the part of a property owner.

Cherokee Main Street, LLC v. Ragan

Consider this recent decision by the Georgia Court of Appeals. This is a car accident case that originated in Cherokee County a little over four years ago. On the day in question, the plaintiff was shopping at a department store in a local shopping center. After leaving the store, she walked down a sidewalk past another store–one of the defendants in this case. The sidewalk had a ramp leading into the parking lot. But there was no formal crosswalk markings.

Published on:

Winning a personal injury judgment following a car accident does not always guarantee that the victim will actually get paid. There are cases in which a defendant who lacks adequate financial resources will file for protection under federal bankruptcy law. This can delay and in some cases defeat collection of a valid personal injury judgment under Georgia law.

For instance, in a Chapter 7 bankruptcy, the debtor’s non-exempt property is liquidated to pay any creditors to the extent possible. The remaining debts may then be “discharged.” This does not mean that the debt itself is void. Rather, a discharge means that the debtor is no longer legally obligated to repay the debt, and the creditor may take no further collection action against that individual. However, if there are multiple parties liable for a judgment, the bankruptcy of one defendant does not affect the enforceability of the judgment against the other, non-bankrupt defendants.

Flanders v. Jackson

Published on:

Many Georgia residents take out umbrella policies to provide liability coverage above  and beyond their standard auto insurance. Umbrella policies are especially beneficial to victims who sustain financial losses in excess of the normal car insurance policy. For example, if your injuries following a car accident cost you $500,000 in lost wages and medical expenses, and the other driver’s policy only has a $250,000 limit, an umbrella policy can make up that difference.

Government Employees Insurance Company v. Gordon

Of course, that assumes that the company that issued the umbrella policy does not attempt to disclaim coverage. As we know all too well, insurers will never hesitate to try and avoid paying when they can. Here is a recent federal case involving the application of Georgia law in which a court addressed an insurance company’s attempt to avoid its obligations.

Published on:

Ridesharing has become a popular way for many residents of the Atlanta metropolitan area to earn additional income via smartphone apps like Uber and Lyft. Before you sign up to offer rides for money, you should check with your car insurance company. Many standard insurance policies exclude coverage for “public or livery conveyance.” In fact, your existing policy may be canceled if you start offering rides for money without notifying your carrier. If you are in an accident while driving for Uber or Lyft, you may be on the hook for any damages.

Haulers Insurance Co. v. Davenport

What if you are just giving a friend a ride for no payment? Could your insurer declare that you were actually providing a livery service and refuse to cover your accident? According to a recent decision by the Georgia Court of Appeals, the answer is probably no.

Published on:

Many parents would be happy to see a public park or attraction that admits their children for free. But thanks to a recent decision by the Supreme Court of Georgia, those parents may want to think twice about the legal cost of “free” admission. According to the Court, if you do not pay for your child to get in, you might be surrendering any right to sue for damages if he or she is injured on the property.

Mayor and Alderman of Garden City v. Harris

This case involves a child who was 6 years old at the time of her injury. Her parents took her to attend a youth football game in a public facility owned by Garden City in Chatham County. The facility normally charges a $2 admission fee, but children ages 6 and under do not have to pay. So, while the parents paid for their own admission, they did not have to pay for their child.

Published on:

Everyone recognizes that teachers have a difficult job. We also trust teachers with the education and well-being of our children. So, when the worst happens and a child dies while in a teacher’s custody, grieving parents will understandably seek accountability and justice through the courts.

Barnett v. Caldwell

Unfortunately, when it comes to teachers employed by public schools, the legal system makes such accountability difficult. Although the Georgia Constitution states that a state employee may be personally liable for “negligent failure to perform” a “ministerial” function, they are generally immune from lawsuits arising from discretionary acts. In non-legal terms, if the law mandates a state employee do something, then he or she can be sued for negligently failing to do so. If the employee has discretion to do something, however, then he or she cannot be sued if that decision caused injury to a third party, unless the victim can prove that the employee acted with “actual malice” or “actual intent to cause injury.”

Published on:

One of the recurring questions that arise in personal injury cases is determining who is covered by an auto insurance policy. Since most claims are paid via some form of insurance, whether it is that of the negligent driver or the victim’s own uninsured motorist coverage, it is critical to ascertain from the outset who is and is not covered. Rest assured, the insurance company will make every effort to deny coverage if it has a plausible legal reason to do so.

Stanley v. Government Employees Insurance Company

The Georgia Court of Appeals recently addressed an interesting variant of our recurring question: Does an uninsured motorist (UM) policy cover the fianceé (or common law spouse) of a named insured? The plaintiff in this personal injury case was driving a vehicle owned by his employer when he was the victim of a head-on collision with another driver. The plaintiff sustained serious injuries and sued the other driver for negligence.

Published on:

When it comes to product liability, Georgia courts have long held that a manufacturer can be held responsible for its “failure to warn” customers about potentially harmful defects that it knew about (or should have known about). This duty extends to any “nonobvious foreseeable danger” arising from the normal use of a given product. In other words, a manufacturer has no duty to warn you of the risks of using its product in something other than its intended manner.

Reichwaldt v. General Motors LLC

Does this duty to warn extend to third parties–i.e., individuals other than the actual customers–who may be harmed by the normal use of the product? In 2016 we discussed a Georgia Supreme Court decision, Certainteed Corporation v. Fletcher, involving a pipe manufacturer whose products contained asbestos. In that case, a woman developed mesothelioma after inhaling asbestos dust from clothing worn by her father, who worked with the defendant’s pipes. The Supreme Court said it was “disinclined” to hold that the manufacturer “owed a duty to warn third parties based on the fact that, in this case, such a warning may have been effective.”