Published on:

by

Guardrail accidents have gained increasing public attention in recent years. A guardrail is supposed to help a vehicle absorb the impact of a collision, but in far too many cases, it is the guardrail that causes serious injury or death. As reported by ABC News in 2014, a University of Alabama study found that “a re-designed version of a widely used guardrail end terminal ‘placed motorists at a higher level of risk of both serious injury and fatality’ than the original version.”

Stopanio v. Leon’s Fence and Guardrail, LLC

More recently, the Georgia Court of Appeals addressed the potential legal liability of the state Department of Transportation and one of its private contractors for an allegedly defective guardrail. This tragic case began with a 2011 accident on I-75. The plaintiff was driving southbound on the highway through Valdosta. Traveling in front of the plaintiff was a second car containing her parents.

Continue reading
Published on:

by

Despite what you might think, most auto accident claims are settled out of court between the injured victim and the negligent driver’s insurance company. Only when settlement negotiations break down will a plaintiff normally resort to litigation, which requires a significant commitment of time and resources. In many cases, it is the defense’s unnecessary delays that cause the settlement talks to fail in the first place.

Stephens v. Castano-Castano

Consider this recent decision from the Georgia Court of Appeals. This case began when a defendant failed to respond in time to a settlement offer. Although the plaintiff proceeded to trial and won a substantial jury verdict, the Court of Appeals ordered a new trial based on an erroneous ruling by the trial judge.

Continue reading
Published on:

by

Georgia law holds manufacturers liable if they fail to exercise “reasonable care” when designing or producing its products. In practical terms, this does not mean the product must be 100% safe. Rather, it must be “reasonably safe for intended or foreseeable uses.”

Woods v. ARE Accessories, LLC

When is a product’s use “foreseeable” to the manufacturer? That is a question the Georgia Court of Appeals recently confronted in a product liability case involving a truck cap. The defendant in this case is a popular manufacturer of truck caps–that is, the shells that fit over the flatbed of a pickup truck.

Continue reading
Published on:

by

Although personal injury and wrongful death claims are often brought up in the context of negligence–i.e., unintentional but reckless acts–there are situations in which the victim is injured or killed through an intentional criminal act. In such situations, the victim or his or her family can definitely seek damages against the criminal.

What about local law enforcement and private entities that were charged with protecting the public from a particular criminal? Can they also be held liable?

SecureAlert, Inc. v. Boggs

Continue reading
Published on:

by

Even in Georgia, the winters are still prone to icy conditions. When walking through public parking lots and shopping centers in such conditions, you need to be aware of your surroundings, especially if you get into a slip and fall accident. If you subsequently attempt to hold the owner of the property liable for your injuries, the question of your “equal” or “superior” knowledge of any hazards may prove critical at trial.

Naval Store Suppliers, Inc. v. Croft

Recently, the Georgia Court of Appeals granted summary judgment to the defendants in a slip and fall case arising from an accident in the winter of 2014. On the day in question, it was approximately 25 degrees outside, and there was a noticeable water spigot located near the entrance of the defendant’s store. The spigot was open and the gushing water had formed a mixture of ice and water that clearly posed a hazard to anyone using the entrance.

Continue reading
Published on:

by

There are often situations in which the plaintiff in a personal injury lawsuit may need to amend his or her complaint. Sometimes an amended pleading is necessary to correct a mistake. In other situations, an amendment may be appropriate to add a new argument or even a new defendant that needs to be brought into the litigation.

Findley v. City of Atlanta

Georgia trial courts are expected to be fairly liberal in granting permission to file amended complaints. Even if a defendant has already filed his or her own responsive pleadings, that does not necessarily prevent the plaintiff from seeking leave to amend. In fact, the Georgia Court of Appeals recently reinstated a personal injury lawsuit that was improperly dismissed by the trial judge before giving proper consideration to the plaintiff’s motion to add a defendant.

Continue reading
Published on:

by

As a general rule in Georgia, your auto insurance policy’s liability coverage follows you rather than your vehicle. In other words, if you borrow a friend’s car and get into an accident that injures the other driver, your liability policy will pay for the damages. Of course, this presumes the vehicle you are driving is “covered” by the policy and not subject to any exclusions.

Progressive Mountain Insurance Company v. McCallister

One common exclusion is for vehicles operated as part of an “auto business.” What does this mean? A recent decision by a federal judge Waycross, Georgia, offers a helpful illustration. This case involves a rather complex accident that took place in 2016, which in turn led to litigation between a driver and his insurance company.

Continue reading
Published on:

by

There is always some time limit applicable to bringing a lawsuit. This is known as the “statute of limitations.” In Georgia, for example, the statute of limitations for personal injury claims is typically two years. In other words, if you are injured in a car accident on May 1, 2016, you have until May 1, 2018 to sue the negligent driver for damages. Even if you file just a couple of days after the statute of limitations expires, your case is barred as a matter of law.

Langley v. MP Spring Lake, LLC

While two years is the normal statute of limitations in Georgia, there may be situations in which a personal injury victim actually has less time to file a claim. Georgia courts have long recognized the rights of parties to “contract” away certain legal rights. According to a recent decision by the Georgia Court of Appeals, this includes the time frame to file a personal injury lawsuit.

Continue reading
Published on:

by

Just as auto insurance provides liability coverage in the event a driver is sued for causing an accident, most Georgia homeowners’ insurance policies protect the homeowner in the event that someone is injured on their property. For example, if the homeowner was negligent in maintaining their driveway and someone has a trip-and-fall accident, the homeowners’ insurance carrier could be on the hook for the victim’s medical bills and other damages. As with any kind of insurance claim, it is important for the owner to promptly notify the homeowners’ insurance carrier anytime there is an accident that may lead to litigation.

Travelers Indemnity Company of America v. Jones

If there is any way for an insurance company to avoid paying a personal injury claim, it will take it. Consider this recent decision by a federal judge in Athens. This case arises from particularly tragic circumstances. A 23-year-old woman was going to a party at a house in Athens. But as she was still seated in her car, she was struck and killed by a stray bullet, the byproduct of a gun fight between two groups on the property.

Continue reading
Published on:

by

When bringing a premises liability claim in Georgia, a plaintiff does not have to establish that the defendant had actual knowledge of the hazard that caused the plaintiff’s injury. Instead, the plaintiff can show the defendant had “constructive” knowledge. Basically, this means the defendant should have known about the hazard, either because there was a prior history of similar accidents, or the defendant failed to maintain a reasonable inspection program for their property.

Knoeferl v. Cracker Barrel Old Country Store, Inc.

Here is an illustration of what this means in practice. This is taken from a recent decision by a federal judge in Augusta in an ongoing personal injury lawsuit. The plaintiff had gone to the defendant’s restaurant for lunch. While walking back to her car following her meal, the plaintiff fell over an “indentation in the pavement,” causing her to break her femur. She subsequently sued the defendant for its alleged negligence in failing to properly maintain its parking lot.

Continue reading