Workers’ compensation is a state-run insurance system designed to provide “no-fault” benefits to employees injured on the job. No-fault means that a worker may receive medical and income replacement benefits without having to establish the employer was negligent or somehow responsible for the injury. However, the injury must occur in…
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…
Your parents probably told you, “Watch where you’re going!” more than a few times when you were kid. This is not just good advice. It is also an important reminder that you are expected to be aware of your surroundings at all times. From a legal standpoint, your awareness or…
According to the Centers for Disease Control and Prevention, 10 people die every day in the United States due to “unintentional drowning.” Children between the ages of 1 and 4 are especially at risk. Among this age group, drowning is the leading cause of death aside from congenital birth defects.…
Last year we discussed a Georgia Court of Appeals decision ordering a new trial in a premises liability case involving a well-known theme park in Cobb County. The case began when two patrons and their families were repeatedly threatened by rival gangs who were known to frequent the theme park.…
In a premises liability case, Georgia law holds that a plaintiff cannot recover damages if he or she had “equal or greater” knowledge of a hazard relative to the defendant. In other words, if you know there is a dangerous condition on someone else’s property and, in spite of that…
Premises liability refers to a property owner’s responsibility for certain torts that occur within said property. A common example is a slip-and-fall accident. Let’s say you are shopping and slip on a puddle of water in the middle of the store, causing you to fall and injure yourself. The store…
While many premises liability claims are based on the existence of a physical hazard—i.e., a customer slips and falls on a puddle of water—there are also cases in which a property owner may be liable for the criminal acts of third parties that cause personal injury to a patron. Recently,…
One of the most common types of personal injury claims against the owner of a business or other premises is the “slip and fall.” Essentially, there is a hazardous condition on a given property that causes a visitor to slip, fall, and suffer some form of serious injury. Under Georgia…
A homeowner’s insurance policy typically covers the policyholder’s liability for personal injury claims that occur on the property. For example, if someone slips and falls in your home and subsequently sues you, your homeowner’s insurance policy will pay for any damages. But not every injury that occurs on a property…