When you file a personal injury lawsuit against a negligent driving following an auto accident, in most cases this means you are really seeking compensation from the driver’s insurance company. Unfortunately, insurance companies are quite adept at asserting their own legal rights. This includes taking legal action to void a…
Marietta Injury Lawyer Blog
Georgia Court Rejects Insurer’s Initial Attempt to Avoid Accident Coverage
When it comes to personal injury lawsuits, many plaintiffs do not only need to contend with the negligent defendant. They also need to deal with the negligent defendant’s insurance company. Even where the insurer has a contractual duty to indemnify and defend a policyholder, you can rest assured that the…
Valdosta Judge Allows Defective Pressure Cooker Lawsuit to Proceed
Pressure cookers were first developed in the 17th century. They create an airtight environment where steam pressure raises the boiling point of water, allowing food to cook much faster than normal. Of course, the buildup of pressure can lead to an explosion if the cooker itself is somehow defective. Williams…
Georgia Convenience Store Not Responsible for Gunshot Wound to Customer
All Georgia business owners need to take reasonable steps in keeping their premises safe for customers. The key word here is “reasonable.” The law does not require businesses to guarantee safety against all possible or conceivable threats to a customer’s well-being. Hill v. MM Gas & Food Mart, Inc. A…
Vicarious vs. Direct Liability: Holding Georgia Employers Accountable for their Employees’ Negligence
When a car accident occurs, there may be more than one party who is liable for the victim’s injuries. For example, if the negligent driver was acting on behalf of an employer, the latter can be sued under a number of legal theories. Depending on the specific facts of the…
Court of Appeals Rejects Personal Injury Claim Against Georgia Dome Operator Due to Insufficient Notice
Personal injury lawsuits against the State of Georgia or any state agency must strictly comply with the terms of the Georgia Tort Claims Act (GTCA). The GTCA is a state law that waives Georgia’s normal “sovereign immunity” from lawsuits. Before anyone can file a claim under the GTCA, for instance,…
Court of Appeals Reinstates Truck Driver’s Lawsuit Against Parking Lot Over Criminal Assault
Georgia property owners are required to exercise “ordinary care” in keeping their invited guests and members of the public safe. This does not mean the owner must absolutely guarantee a person’s safety. For example, under most circumstances the owner is not liable for a criminal act committed by a third…
Commercial Trucking Accident Leads to Mystery of Missing Maintenance Logs
When an accident involves a commercial truck, there are usually records available with respect to the vehicle’s safety and maintenance. Such records can be made available to an injured victim during the discovery process of a personal injury lawsuit. If those records are improperly withheld–or even destroyed before they can…
4th of July Accident Leads to Lawsuit Against Fireworks Sellers
Each year, many Georgians celebrate the 4th of July by purchasing and setting off their own fireworks despite the known safety risks. Unfortunately, this can lead to tragic outcomes. Not only is there is the potential for something to go wrong when setting off fireworks in an unsupervised environment–the mere…
Judge: Insurance Company Did Not Act in “Bad Faith” by Asking Motorcycle Accident Victim to Place Settlement Funds in Escrow
When a person is seriously injured in a motor vehicle accident, the responsible insurance company may face conflicting obligations under Georgia law. On the one hand, the insurer must settle a valid claim in good faith. For example, if an insurer knows its policyholder is responsible for causing an accident,…