Articles Posted in Wrongful Death

Published on:

Each year more than 300 people die on Georgia roadways in drunk driving accidents. While prosecutors can file criminal charges against the drunk driver, that does not compensate victims and their families for their losses. Unfortunately, in many cases the drunk driver either has no insurance or lacks sufficient coverage to fully compensate the victims.

This is where uninsured and underinsured motorist (UM/UIM) coverage can come into play. Under Georgia law, all auto insurance providers must offer UM/UIM coverage as part of their standard policies. The customer has the option to decline such coverage, but must do so in writing. While you are free to purchase any amount of UM/UIM insurance that an insurer offers, state law sets minimum coverage at $25,000 for bodily injury per person (or $50,000 per accident). In many cases, it is a good idea to purchase significantly more coverage, as the damages from an accident can easily exceed $50,000, especially if there is serious injury or death.

Allstate Property and Casualty Insurance Company v. Musgrove

Published on:

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.

Frazier v. Godley Park Homeowners Association, Inc.

Most child drowning deaths occur in residential swimming pools. In some cases, the pool owner’s negligence may be the proximate cause of the child’s death. You should not assume that just because a child suffers a fatal or non-fatal drowning, the owner is automatically liable. To the contrary, under Georgia law, a swimming pool owner “is not an insurer of its safety.”

Published on:

Teenage suicide is a serious public health problem in Georgia. According to the Jason Foundation, a leading suicide prevention organization, “suicide is the second leading cause of death for college-age youth and ages 12-18.” Suicide kills more teenagers every year than cancer, heart disease, and birth defects combined.

City of Richmond Hill v. Maia

When a parent loses a child to suicide, he or she understandably wants to know why it happened. In some cases, the suicide may have been provoked by the reckless or negligent act of a third party. The Supreme Court of Georgia recently clarified the circumstances where such third parties may be liable in a wrongful death lawsuit brought by the parents of a deceased child.

Published on:

In his recent State of the State address, Gov. Nathan Deal praised the work of Georgia’s Division of Family and Child Services (DFCS), whose employees are charged with protecting abused and neglected children. The governor singled out a case manager in Telfair County who saved an infant’s life. He also proposed a 19% wage increase for case managers throughout Georgia, noting that the state pays its child welfare workers less than every other state in the southeast aside from Louisiana.

Cowart v. Georgia Department of Human Services

Despite the governor’s support, not everyone is satisfied with the the work of the state’s case managers. In fact, the Department of Human Services, which oversees the DFCS, is currently facing a wrongful death lawsuit brought by the estate of a child who died, allegedly after a case worker failed to follow up on serious abuse allegations. The Georgia Court of Appeals recently reversed a trial judge’s decision dismissing the case, citing the need for additional evidence on a key legal issue.

Published on:

Nursing homes and rehabilitation centers are responsible for patients who require ongoing medical care. When these facilities fail to follow proper protocols, the results can be fatal. Under Georgia law, any health care provider may be liable for wrongful death if there is a breach of duty that is the “proximate cause” of the patient’s demise.

Fields v. Taylor

The Georgia Court of Appeals recently reinstated a wrongful death claim against a geriatrics doctor in Dublin. The lawsuit was brought by the daughter of a woman who died six years ago while under the defendant’s care at a rehabilitation center. The deceased had been admitted to the center temporarily while the daughter, her mother’s caregiver, was unavailable.

Published on:

Many Georgia car accidents are the result of a defect in the vehicle itself. Georgia product liability law recognizes three types of defects: manufacturing defects, design defects, and warning defects. The second group, design defects, includes any product that is not “reasonably suited to the use intended.” This means, for instance, that a product manufacturer may be held liable for damages if it selected an inappropriate or unsafe design.

Andrews v. Autoliv Japan, Ltd.

A design defect claim will only succeed if the plaintiff can prove the defendant actively participated in the design. Not every party who may have contributed some part of a vehicle is considered responsible for its design. A recent decision by a federal judge in Atlanta offers a helpful illustration.

Published on:

In any kind of personal injury lawsuit, it is critical for the parties to the case to preserve any evidence that may be relevant to the litigation. If a party intentionally or negligently destroys relevant evidence, this is known as spoliation, and a judge may impose sanctions, up to and including dismissing the case (if the plaintiff is at fault) or issuing a default judgment against the defendant. However, a court must also consider all relevant facts and circumstances in deciding whether or not sanctions are necessary.

Cooper Tire & Rubber Company v. Koch

A recent Georgia Court of Appeals decision illustrates how not all spoliation is fatal to a plaintiff’s case. This decision involves an ongoing product liability claim arising from a fatal car accident. The victim was driving his vehicle on a Georgia interstate “when his left rear tire detached,” according to court records. The vehicle “swerved out of control,” hit a guardrail, overturned “several times,” and finally came to a stop in a ditch.

Published on:

Expert testimony is often a critical component of a personal injury case. Judges and jurors are not technical experts and often require assistance in understanding evidence. When it comes to “simple negligence,” though, expert testimony is generally unnecessary. A jury does not need help when common sense is sufficient to weigh the evidence and reach a logical conclusion.

Gardner v. Clark

The Georgia Court of Appeals recently addressed a tragic case in which a trial judge improperly demanded expert testimony where none was necessary. The plaintiffs in this case were the children of a woman who died in November 2009. The mother lived in a mobile home that she rented from the defendant.

Published on:

Is a bar owner responsible if a patron has too many drinks and subsequently gets into a car accident that injures an innocent third party? In some cases, the answer is “yes.” Like many states, Georgia has a dram shop law that applies to anyone who “sells, furnishes, or sells alcoholic beverages.”

An accident victim can sue the alcohol seller if three conditions are met. First, the seller must serve alcohol to a patron “who is in a state of noticeable intoxication.” Second, the seller must know that said patron “will soon be driving a motor vehicle.” Finally, this service of alcohol is the “proximate cause” of the victim’s injuries.

Barnes v. Smith

Published on:

Most car accident lawsuits in Georgia are handled by the negligent driver’s insurance company. If an insurer refuses to settle a personal injury claim “in bad faith,” said insurer may be liable for any judgment against the insured in excess of the policy’s normal limits. In other words, the insurance company may not place its own interests ahead of those of its policyholders by dragging its feet to avoid settling an apparently valid personal injury claim.

Linthicum v. Mendakota Insurance Company

But an insurance company’s obligation is only to act reasonably when attempting to negotiate a settlement. It is not necessarily liable just because no settlement is reached. A recent decision by a federal judge in Savannah illustrates this point.