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Articles Posted in liability

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Liability Issues in Substance-Related Collisions

Before the coronavirus pandemic, drug and/or alcohol impairment was a factor in almost half of vehicle collisions in Georgia. This proportion increased during 2020. Drug use, particularly antidepressant use, went up during the lockdowns. At the same time, DUI enforcement dropped off significantly. Bad habits, such as driving while impaired,…

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Georgia Auto Repair Shop Not Responsible for Accident Caused by Employee During His Lunch Break

It is a longstanding rule in Georgia that employers are “vicariously liable” for torts committed by their employees. In other words, if you are hit by a delivery van that runs a red light, you can sue the company that employs that driver for damages. But there is an important…

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Georgia Court of Appeals Holds Parents Not Liable for Adult Daughter’s Car Accident

As every parent of a teenager knows, one of your worst fears is that your child will be involved in an auto accident. What happens if your child is held legally responsible for the accident? As the parent, are you liable for any damages arising from a personal injury lawsuit…

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Georgia Supreme Court Holds Insurer Not Responsible for $5.3 Million Accident Judgment

Most personal injury claims arising from an auto accident are paid via a settlement with the negligent driver’s insurance company. What happens when the insurer refuses to settle and the injured parties successfully sue the negligent driver for damages? In such scenarios, the driver may be able to sue the…

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Georgia Lodge Owner Not Responsible for Accidental Shooting on the Property

There are a number of situations in which an individual or business may be held liable for a personal injury caused by someone else. Two of the more common ones involve the legal concepts of respondeat superior and premises liability. The first, respondeat superior, refers to cases in which an…

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Georgia Quail Preserve Not Liable for “Controlled Burn” That May Have Led to Truck Accident

Although you might think negligence is a matter of “common sense,” the law is often not so simple. There are many situations in which a defendant who you might assume is negligent can still avoid liability due to a particular state law. Such exceptions unfortunately may leave victims with little…

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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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Georgia Supreme Court Rejects Wrongful Death Lawsuit Against Atlanta Teacher

Everyone recognizes that teachers have a difficult job. We also trust teachers with the education and well-being of our children. So, when the worst happens and a child dies while in a teacher’s custody, grieving parents will understandably seek accountability and justice through the courts. Barnett v. Caldwell Unfortunately, when…

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Monroe County Sheriff Faces Personal Injury Claim Over Reckless High-Speed Chase

High-speed police chases make for exciting footage on local newscasts. They also pose a very real danger to the general public. When law enforcement officials make the decision to initiate or continue a chase, they must be mindful of other motorists on the road. If police recklessness leads to the…

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Is “Joint and Several” Liability Dead in Georgia?

Many personal injury claims involve more than one defendant or negligent party. Historically, if a Georgia court found multiple defendants liable for an accident, all of the defendants could be held collectively responsible for any monetary judgment. This is known as “joint and several liability.” But in 2005, the Georgia…

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