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Articles Posted in Negligence

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Common Insurance Company Defenses in Car Crash Cases

Plaintiff’s winning percentage in court has declined over the last several years, mostly because insurance company revenue has skyrocketed over this same period to more than $1 trillion per year. As a result, these companies can now hire more effective lawyers and allow them to go to trial if necessary. Usually, the…

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High-Speed Police Chase Kills Two, Injures Three

To defend their actions, officers claimed a reckless chase lasted only 37 seconds before the driver caused a fatal wreck. However, in a high-speed pursuit, thirty-seven seconds is an eternity.  According to Georgia State Police investigators, the crash happened on Northside Drive and 14th Street after Atlanta police tried to…

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What You Should Know About Nursing Home Falls

Frequently, a fall puts a person in a nursing home, and a subsequent fall keeps the person there longer than expected. Falls account for 40%of nursing home admissions, and 60% of residents fall at the facility.  Understaffing and overcrowding contribute to many of these incidents. Groundskeeping and other such maintenance…

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Convenience Store in High-Crime Area Not Liable for Attack on Customer

The typical premises liability claim involves a customer who is injured slipping and falling in the aisle of a store. In such cases, the legal question is whether or not the store owner breached its legal duty to keep its premises “in a reasonably safe condition” for invited members of…

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11th Circuit: Atlanta Condo Managers Failed to Promptly Inform Insurer of Emlpoyee’s Sexual Assault

If you are involved in a car accident, you should always promptly notify your auto insurance carrier. Failure to do so may lead the insurer to deny coverage. This is a basic rule of Georgia insurance law that applies equally to large companies. At the end of the day, an…

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The Importance of Establishing Causation in a Georgia Personal Injury Lawsuit

Causation is a key element of any personal injury claim. What do we mean by that? Basically, if you are in a car accident and later sue the other driver for damages, it is not enough to show that person’s negligence led to the accident. You also need to show…

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Georgia Bus Operator May Face Punitive Damages Over Accident

Many auto accidents are caused by drivers operating vehicles on behalf of their employers. When this happens, the employer is typically liable for the employee’s negligence under a legal principle known as “respondeat superior.” If the employer admits respondeat superior applies, then the injured victims are normally barred from bringing…

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Ga. Court of Appeals: Bus Driver Not Responsible for 5-Year-Old’s Death

Parents entrust their children to a number of responsible adults every day, including teachers and bus drivers. When something goes wrong and the child is injured–or even killed–while under another person’s care, the parents understandably want to hold that person responsible. Unfortunately, the law does not always help parents in…

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11th Circuit Revives Disabled Truck Driver’s Lawsuit Over Forklift Operator’s Alleged Negligence

You probably know that if you are injured on the job, workers’ compensation covers your employer’s liability for the accident. Workers’ compensation does not apply to third-party liability, however. In other words, if your work-related accident was caused by someone other than your employer (or someone working for your employer),…

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Georgia Supreme Court Holds Insurer Not Responsible for $5.3 Million Accident Judgment

Most personal injury claims arising from an auto accident are paid via a settlement with the negligent driver’s insurance company. What happens when the insurer refuses to settle and the injured parties successfully sue the negligent driver for damages? In such scenarios, the driver may be able to sue the…

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