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Articles Posted in liability

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Suing a Non-Georgia Resident Following a Car Accident

Many Georgia car accidents involve motorists from other states. If you are injured by a nonresident driver’s negligence, you can still seek to recover damages through the Georgia courts. It is important to understand that there are special conditions imposed by Georgia law in such cases. You must make every…

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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…

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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…

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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…

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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…

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Determining Negligence in a Car Accident When Each Party Blames the Other

Negligence exists under Georgia law whenever a person breaches a “legal duty to conform” to a specified legal standard, and as a result, another person suffers an injury or loss. In the context of a car accident, for example, a person may be negligent if he or she fails to…

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Columbus Jury Awards $650,000 to Driver Seriously Injured in Trucking Accident

When it comes to trucking accidents, Georgia has what is known as a “direct action” rule. This means that if you are injured due to a commercial truck driver’s negligence, you can name not only the trucking company but also its insurance carrier as defendants. This is an exception to…

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Georgia Judges Disagree About Need for Expert Testimony in Defective Vehicle Case

Expert testimony is often the key to winning a product liability lawsuit. Anyone can offer an opinion on the safety, or lack thereof, of a given product. But trial courts must go one step further and determine the qualifications of an expert before admitting his or her testimony. Under Georgia…

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Georgia Court Tosses $35M Verdict in Theme Park Beating Case

Can a property owner be held liable for persons injured due to gang-related activity on or near their premises? The Georgia Court of Appeals recently addressed this question. The appeals court was asked to review a $35 million verdict issued against a popular Cobb County theme park after a man…

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Railroad Not Liable for Fatal Georgia Crossing Accident

According to statistics from the Federal Railroad Administration, there are more than 2,000 vehicle-train collisions at railroad crossings every year. When such accidents result in serious injury or death to innocent motorists, it is only logical the victims would want to hold the railroad responsible. But in some cases Georgia…

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