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Articles Posted in contributory negligence

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Commercial Truck Owner Not Responsible for Injury Sustained by Worker Unloading Trailer

Personal injury cases in Georgia follow what is known as the “contributory negligence” rule. This basically means that the defendant may try and argue the plaintiff was partially responsible for their injuries. A jury will then assess the relative fault of each party and reduce the plaintiff’s damages accordingly. In…

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Macon Judge Awards Accident Victim $1.5 Million Due to Postal Service Driver’s Negligence

Car accidents often leave victims with lifelong injuries that never fully heal. When these accidents are the result of negligence, the victim has every right to pursue a personal injury claim in court. But what happens when the negligent party is an employee of the federal government? Rodriguez-Densley v. United…

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Injured Farmhand Deemed Responsible for Work Vehicle Accident

In a personal injury case, you cannot recover damages against a defendant based on negligence if you voluntarily assumed the underlying risk. To put it another way, if your own negligence caused the accident, you cannot blame someone else. In some cases, the plaintiff’s responsibility is considered so obvious, a…

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Injured Electrical Worker’s “Silence” Not Grounds for Dismissing Lawsuit

In a personal injury lawsuit, the defendant may try to avoid responsibility by accusing the plaintiff of causing or contributing to his or her own injury. Georgia law refers to this as “contributory negligence.” The basic idea, according to a 2000 Georgia Court of Appeals decision, is that if a…

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