Articles Posted in Wrongful Death

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

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.

Many elderly Georgia residents are victims of nursing home abuse and neglect. In order to avoid potential personal injury and wrongful death lawsuits from injured patients, many nursing homes insist their residents sign “alternative dispute resolution” (ADR) agreements that require any negligence or malpractice claims be submitted to binding arbitration. While arbitration can be beneficial in certain cases, it still requires a potentially vulnerable nursing home resident to forfeit access to the courts and other important legal rights.

Kindred Nursing Centers LP v. Chrzanowski

Georgia courts tend to enforce ADR agreements even where there is evidence that a nursing home resident was not necessarily in their right mind when they purportedly agreed to arbitration. A recent decision by the Georgia Court of Appeals illustrates the uphill climb victims of nursing home abuse—or in the case, their families—face in seeking their day in court.

In Georgia, a defendant in a personal injury case arising from a car accident may argue what is known as the “sudden emergency” defense. Put simply, this means the defendant alleges he or she was presented with a sudden emergency and had insufficient time to react. If this was the case, the sudden emergency relieves the defendant of any and all liability for any accident arising from the sudden emergency.

Woodard v. Dempsey

The key to this defense is that the defendant could not have reasonably foreseen the emergency—otherwise it is not really a “sudden” emergency. An ongoing federal lawsuit in Atlanta illustrates how factual disputes over whether a defendant has alleged an actual emergency may arise.

Insurance policies frequently cover any damages incurred due to a car accident. But it is not unusual in Georgia for insurance companies to disclaim or otherwise reject coverage if the insured does not strictly comply with all terms of the policy. In some cases, insurance companies may end up fighting among themselves over who is liable for any damages arising from a personal injury claim.

Selective Insurance Company of America v. Russell

A federal judge in Gainesville recently addressed such a case. This is one of two lawsuits arising from a 2011 car accident. Two vehicles collided, resulting in the death of a passenger in one of the cars. The driver of Car A and the estate of the deceased passenger sued the driver of Car B in Georgia state court.

In a personal injury lawsuit, such as a negligence claim arising from a car accident, the plaintiff must establish causation—that is, how the defendant’s actions were the proximate cause of the plaintiff’s injury. If a plaintiff fails to advance a plausible theory of causation, a Georgia court may dismiss the case at the summary judgment stage.

Elder v. Hayes

In a recent case, the Georgia Court of Appeals dismissed a personal injury and wrongful death lawsuit against a driver involved in a three-car accident that took place in Athens, Georgia, in 2010. The critical legal issue was the plaintiff’s theories of causation against the defendant driver. The Court of Appeals determined there was insufficient evidence for a jury to find the defendant was responsible for the defendants’ injuries.

If you are driving and there is a sudden emergency—for example, an accident takes place in front of you and you instinctively swerve to avoid the collision—can you be held liable for your own actions? In many cases, the answer is no. Georgia law recognizes a “sudden emergency” defense. This applies when a person faces a “sudden peril” and, lacking adequate time to assess the situation, takes immediate action that may result in injury to another. Keep in mind, this defense is only available when the person asserting it did not actually cause the emergency.

Smith v. Norfolk Southern Railway Company

The Georgia Court of Appeals recently addressed the application of the emergency defense doctrine to a wrongful death lawsuit arising from a series of accidents that took place on and around a railroad crossing located in Gwinnett County. A pickup truck was traveling southbound towards the crossing. The driver of the truck sped towards a yellow light. The light turned red as the truck entered the intersection. At this point, the truck collided with a van that was attempting to make a left-hand turn into the intersection.

The family of a person who dies due to medical malpractice may bring a wrongful death lawsuit against the negligent health care providers. Doctors and hospitals are often resistant to admitting any liability in the death of a patient, and they may attempt to use the discovery process to obtain embarrassing information about the deceased—or a family member—that is not relevant to the underlying case. The Georgia Court of Appeals recently addressed such a case.

Gwinnett Hospital System, Inc. v. Hoover

The plaintiff in this case is a widow who died while under the medical care of the defendant hospital. She subsequently filed a wrongful death lawsuit against the defendant. The case has not yet proceeded to trial. During pretrial discovery, a dispute arose over a journal kept by the plaintiff.

Distracted driving is a leading cause of car accidents. This is why “texting while driving” is illegal in Georgia and many other states. State law expressly forbids anyone from operating a motor vehicle “while using a wireless telecommunications device to write, send, or read any text based communication, including but not limited to a text message, instant message, e-mail, or Internet data.”

Maynard v. McGee and Snapchat, Inc.

When distracted driving does lead to a car accident, the driver may face a personal injury lawsuit from the victims. A lawsuit recently filed in Spalding County, Georgia, raises the novel question of whether a social media company may also be liable for encouraging distracted driving by its users. The lawsuit, which is still in its early stages, has already sparked international media attention.

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 victim might pursue a wrongful death claim against the drunk driver.

Mayor and City of Richmond Hill v. Maia

What about a case in which a negligent act leads the victim to commit suicide? Can the family still bring a wrongful death claim? The Georgia Court of Appeals recently addressed this question.

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