As a general rule, a property owner is liable for any dangerous conditions that he knows about or reasonably should have known about. The former is known as “actual notice,” while the latter is “constructive notice.” This applies not just to private property owners, but also city and county governments,…
In Georgia, most dog owners can be held liable if their animal bites or injures someone. Unfortunately, “most dog owners” do not include police officers, according to a recent Georgia Supreme Court decision. The justices reversed a lower appeals court which previously held a police officer could be sued for…
In Georgia, an employer is normally liable for the tortious acts of its employees. This is known as the doctrine of “respondeat superior.” But what happens when an employee injures someone outside the scope of their employment? A federal judge in Valdosta recently addressed such a situation. United States Liability…
The rules of the road are not the same for all vehicles. Emergency vehicles including fire trucks, police cars and ambulances enjoy certain legal privileges. Under Georgia law, when such vehicles are actually “responding to an emergency call,” they can run red lights or stop signs without stopping. However, emergency…
On June 15, the Georgia Supreme Court issued an important decision in a case that may affect the rights of uninsured individuals who attempt to contest large hospital bills. Victims of motor vehicle accidents often have to deal with the physical, mental and financial stress of recovering from their injuries.…
In Georgia, product manufacturers are held to a strict liability standard. This means they are responsible for any injuries caused to individuals by a product that is “not merchantable and reasonably suited to the use intended, and its condition when sold is the proximate cause of the injury sustained.” The…
Winning a personal injury judgment is not always the end of the matter. If a defendant or his insurance company refuses to pay up, a victim may face years of additional court proceedings. In some cases, a victim may even have to fight his or her own insurance company, as…
Motor vehicle accidents often leave victims struggling to pay medical bills. Even if victims have insurance coverage through their employer, plan administrators may look for any loophole possible to deny benefits. A recent federal case in Georgia illustrates just how extensive litigation may become in such circumstances. Faison v. Donalsonville…
A federal judge in Augusta recently issued an interesting decision regarding an insurer’s liability for an accident allegedly caused by a drunk driver. The driver was driving his employer’s vehicle off-hours, and the insurer argued it was therefore not required to provide coverage under the employer’s policy. Great American Alliance…
Last September, a federal appeals court in Atlanta asked the Georgia Supreme Court to rule on a question of state law relevant to a federal lawsuit. The Supreme Court delivered its answer in a unanimous May 11 opinion. The underlying case involves an accident victim’s entitlement to underinsured motorist benefits…