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Marietta Injury Lawyer Blog

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Judge Allows Trip-and-Fall Victim to Proceed with Lawsuit Based on Presence of Clear Clothes Hanger

A key question in most premises liability cases is, “What constitutes a hazard?” After all, not every object that may obstruct a customer’s path is is necessarily dangerous. It is important to establish why a particular object constitutes a hazard–which leads the follow-up question of whether or not the management…

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Railroad Disputes Employee’s Report of Broken Chair Accident

In any personal injury case, it is helpful to have as much documentation as possible regarding the actual injury. For example, if you slip and fall in a supermarket, it can help your case for damages if the store maintained video surveillance of the area where your accident took place.…

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Court of Appeals Affirms $2M Car Accident Award to Injured High Jumper

An often under-appreciated category of damages in personal injury cases is the victim’s loss of future earnings. Also referred to as “diminished earning capacity,” this basically covers the amount of money the victim would have earned during the remainder of his or her lifetime but-for the injury caused by the…

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Georgia Court Rejects Test Drivers’ UM Claim Against Auto Dealership’s Policy

Uninsured motorist (UM) coverage provides you with important financial protections in the event of an accident with a driver who lacks sufficient insurance to fully compensate you for your injuries. What about a situation in which you are driving someone else’s car? Can you claim UM benefits under their policy?…

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Georgia Supreme Court Holds Family May Seek Limited Damages for Wrongful Death of Woman After 20-Year Coma

A wrongful death lawsuit is a special kind of personal injury claim. Unlike other torts, however, wrongful death is purely a creation of state law. Historically, if a negligent act killed the victim, the personal injury claim died with them. Under Georgia’s wrongful death statute, however, the victim’s surviving spouse…

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Appeals Court Opens the Door to Reinstate Guardrail Lawsuit Against GDOT

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…

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Georgia Court Reverses $700,000 Auto Accident Verdict

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…

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Is a Manufacturer Liable When a Customer Installs a Third-Party Product?

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…

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GA Court: Private Contractor Not Liable for Failing to Monitor Criminal Suspects Who Murdered Albany Man

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…

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Avoiding Socially Awkward Situations May Constitute an “Assumption of Risk” in Slip and Fall Cases

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…

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