Asbestos exposure has caused serious health problems for millions of American workers. Under Georgia products liability law, a manufacturer may be held responsible for exposing a person to asbestos-containing products. A federal appeals court recently considered how far such liability should extend. Thurmon v. Georgia Pacific, LLC This lawsuit involved…
Marietta Injury Lawyer Blog
Federal Regulators Not Liable for Fatal Bus Crash
In May 2011, a bus traveling from Charlotte, North Carolina to New York City swerved off Interstate 85 approximately 30 miles north of Richmond, Virginia. The bus hit an embankment and overturned. Consequently, four passengers died and several dozen more were hospitalized with injuries. The bus company was a discount…
Georgia Court Dismisses Two Car Accident Lawsuits Over Defective Notices
A personal injury lawsuit, such as one seeking damages from a car accident, often involves complex questions of law. The complexity only increases exponentially when the the negligent party is a state agency. The Georgia Tort Claims Act (GTCA) governs all personal injury claims against the state and its employees.…
Widow Not Required to Disclose Personal Journal in Wrongful Death Lawsuit
The family of a person who dies due to medical malpractice may bring a wrongful death lawsuit against the negligent health care providers. Doctors and hospitals are often resistant to admitting any liability in the death of a patient, and they may attempt to use the discovery process to obtain…
Atlanta Judge Reduces Punitive Damage Award in Defective Hip Replacement Case
Every year thousands of Americans are injured or even killed due to defective medical products. While most manufacturers are responsible and take care to properly test a medical device or drug before introducing it into the marketplace, there are still cases where a defective product makes it to the patient.…
Georgia Judge Sanctions Defendant for Losing Evidence in Truck Accident Case
In any type of personal injury lawsuit, it is important for the parties to the case to preserve all evidence that may assist the court in determining the facts. Under no circumstances should a party ever intentionally withhold or destroy evidence. Even in cases where evidence may have been lost…
Georgia Accident Victim Says Social Media Company’s Negligence Caused Crash
Distracted driving is a leading cause of car accidents. This is why “texting while driving” is illegal in Georgia and many other states. State law expressly forbids anyone from operating a motor vehicle “while using a wireless telecommunications device to write, send, or read any text based communication, including but…
Georgia City Faces Wrongful Death Trial Over Teenager’s Suicide
In Georgia, the family of a deceased person may file a wrongful death lawsuit if there is evidence that someone else’s negligent or criminal acts were the cause of death. A common example would be a person killed in a drunk driving accident. In such circumstances, the family of the…
Georgia Hospital Not Liable for Hundreds of Forged Mammograms
Employers are normally liable for the acts of their employees. In tort law this is known as vicarious liability. In Georgia, vicarious liability applies whenever an employee acts “by [the employer’s] command or in the prosecution and within the scope of [the employer’s] business, whether the same are committed by…
Insurer Not Liable for Fight Over Ownership of Car
Georgia law requires all drivers to carry auto insurance. The law sets certain minimum requirements for coverage. For example, a policy must include provide at least $25,000 in coverage for “bodily injury” to one person, or $50,000 to cover multiple persons injured in the same accident. Remember, these are only…