Every year thousands of people are injured by dog bites. Sadly, some of these injuries are fatal. According to DogBites.org, a nonprofit organization that tracks “dangerous dog breeds” in the United States, 42 people died following dog attacks last year. The organization also said 74 percent of all fatal dog…
It is common for victims in automobile accidents to reach out-of-court settlements with negligent drivers or their insurance carriers. But victims should always be mindful of Georgia law governing such settlements. If you make a “final” demand to an insurer for money, and the insurer accepts and agrees to pay…
Motor carriers—persons and corporate entities who contract for the transportation of household goods or passengers—must carry insurance in order to legally operate in Georgia. Georgia law further provides a person injured as the result of a motor carrier’s negligence may directly sue the carrier’s insurance company for damages. But there are…
In a product liability case, a plaintiff attempts to hold a defendant responsible for the negligent design of a product that caused injury. But, what if the “product” is a public roadway maintained by private contractors? Can a plaintiff injured in an automobile accident caused by a defectively maintained road…
Most personal injury cases are filed in state court. That is because most torts, including personal injury, are governed by state law. There are, however, times when a personal injury case is filed in state and then removed (transferred) to a federal court. This is typically done by out-of-state defendants,…
Indemnification is an important concept in personal injury law. Basically, if A indemnifies B, and C sues B for negligence and wins, B can then sue A to recover some or all of the cost of paying the damage award to C. Business contracts often contain indemnification clauses to address…
The death of a child is always a tragedy for the parents. When that death is the result of negligence or medical malpractice, the parents will understandably seek justice against the responsible professionals. But, justice is a more complicated matter when the child dies before birth. A recent decision by…
A key step in bringing any personal injury lawsuit is deciding what court to file in. While personal injury claims are mostly governed by state law, federal courts have jurisdiction to hear cases where there is “complete diversity” among the parties. This means that none of the plaintiffs can reside…
While many personal injury lawsuits settle without the need for a trial, plenty of cases still go before a jury. Jurors are supposed to be fair and impartial. Attorneys for both sides question prospective jurors to screen them for possible biases. But the system is not perfect. The United States…
Normally, if an employee acting within the scope of his or her employment commits negligence, the employer is considered liable. Under Georgia law, one exception to this rule exists when the employer “lends” the employee to another employer. If the employee then commits negligence while working on loan to the…