Marietta Injury Lawyer Blog

Savannah Faces Personal Injury Claim Over Hazardous Oak Tree

December 1, 2017 | Benjamin S. Persons, IV

All Georgia motorists have a duty to obey the rules of the road and drive with care. Even when a driver does everything by the book, an accident may still occur due to someone else’s negligence or due to a public nuisance created by improper design or maintenance of the roadway. In the latter scenario, the local government responsible for operating the roadway may be liable for personal injuries sustained by an accident victim.

Mayor and Alderman of City of Savannah v. Herrera

Normally Georgia cities and municipalities are protected from civil lawsuits by sovereign immunity. The state legislature has waived this immunity in cases in which a local government fails to correct a known roadway defect. As explained by the Georgia Court of Appeals in a 2005 decision, “municipalities generally have a ministerial duty to keep their streets in repair, and they are liable for injuries resulting from defects after actual notice, or after the defect has existed for a sufficient length of time for notice to be inferred.” This includes defects arising from both man-made and natural causes.

What Happens if You Wait Too Long to Inform Your Insurance Company About a Car Accident?

November 30, 2017 | Benjamin S. Persons, IV

Following any kind of car accident, it is a good practice to notify your insurance company as soon as possible. Even if you do not think you will need to utilize your insurance coverage, many policies contain language requiring prompt notification. This means that if you fail to give notice–even if you did not initially believe it was necessary–your insurance company may later reject a claim for benefits under the policy.

Silva v. Liberty Mutual Fire Insurance Company

Georgia is an “at-fault” state when it comes to motor vehicle accident liability; that is to say, the negligent driver is responsible for any damages. However, your own insurance policy may still come into play if the negligent driver lacks sufficient insurance to pay for all of the damages, or in cases in which the driver is never identified, such as in a hit-and-run accident. By law, all Georgia insurance companies must offer uninsured motorist (UM) coverage to address such contingencies.

Parents Sue Atlanta Restaurant Over Death of 5-Year-Old Son

November 23, 2017 | Benjamin S. Persons, IV

Any Georgia business that opens its doors to the public must take care to keep its premises in reasonably safe condition. This is especially important when dealing with young children, who are more prone to accidents than adults. While it may not be possible to completely child-proof a business establishment in the same manner as a home, business proprietors must still strive to identify and eliminate obvious hazards that could seriously injure or kill an innocent child.

Holt v. Marriott International, Inc.

On November 15, two parents filed a lawsuit in Fulton County Superior Court alleging negligence on the part of multiple defendants in the tragic death of their 5-year-old son. The lead defendants own and operate a popular rotating restaurant in downtown Atlanta. One day this past April, the plaintiffs and their two small children, including the victim, had lunch at this restaurant, which is actually built on a platform that rotates around a stationary core, affording patrons a 360-degree view of Atlanta.

Georgia Jury Awards $600,000 for Pain and Suffering in Restaurant Slip and Fall Case

November 17, 2017 | Benjamin S. Persons, IV

In a premises liability case, a defendant may be held responsible for failing to post proper warning signs regarding a hazard on the property, such as a “wet floor” sign near a puddle of water. These types of slip and fall cases are highly fact-specific, however, and what constitutes an inadequate warning in one case may be deemed insufficient to prove the defendant’s liability in another case.

Vineyard Industries, Inc. v. Bailey

Here is an example in which the defendant was held liable. This is a recent Georgia slip and fall case involving a popular fast food restaurant. The victim is a minor who went to the defendant’s restaurant one morning for breakfast. After placing her order, she used the restroom. Upon exiting the restroom, she passed the restaurant’s drink machine, where she slipped and fell on the wet floor.

Is a Georgia Mental Health Care Facility Liable for Discharging a Patient Who Commits Murder?

November 10, 2017 | Benjamin S. Persons, IV

Georgia’s mental health system has come under increasing public and regulatory scrutiny in recent years. Too many people suffering from serious mental illness do not receive adequate treatment. While that is tragic in and of itself, the system’s failures are compounded when these untreated patients injure or even kill innocent third parties.

Curles v. Psychiatric Solutions, Inc.

The Georgia Court of Appeals recently considered a mental health care facility’s potential civil liability in one such case. A woman with a long history of “psychotic breaks” was committed to a private psychiatric facility on three separate occasions. Approximately two weeks after the facility discharged her for the third time, the woman killed her grandmother and another man.

Is a Georgia Motorist Liable if an Animal Suddenly Darts into the Road?

November 4, 2017 | Benjamin S. Persons, IV

Car accidents are often the result of a driver failing to keep a proper lookout for hazards in the road. As a driver, you should never assume the road in front of you is clear. If you do get into an accident caused by another who did not keep his or her eyes on the road, you may have a personal injury claim for damages.

Kelly v. Fann

Georgia courts never assume that a driver failed to keep a lookout. The legal burden is on the plaintiff to establish, by a preponderance of the evidence, that the defendant ignored a legal duty. This means, for instance, the plaintiff must show that the defendant ignored the rules of the road or failed to exercise appropriate caution when confronting a known hazard. A judge may dismiss a car accident lawsuit on summary judgment if the plaintiff cannot produce sufficient evidence from which a jury can find negligence.

Georgia Court Says Funeral Attendee can Proceed With Slip-and-Fall Claim Against Church

October 31, 2017 | Benjamin S. Persons, IV

Personal injury claims based on premises liability under Georgia law generally revolve around two questions. First, did the property owner have knowledge of the hazard that caused the plaintiff’s injuries? Second, did the plaintiff have “equal or superior” knowledge of the same hazard, thereby absolving the defendant of any potential liability?

Stewart v. Brown

Here is a simple illustration of how courts examine these questions in practice. This is taken from a recent decision by the Georgia Court of Appeals. In this case, a trial judge granted summary judgment to the defendant in a slip-and-fall case. The Court of Appeals reversed the trial court and returned the case for trial on the merits.

Georgia Appeals Court Rejects Pair of Negligent Road Lawsuits

October 27, 2017 | Benjamin S. Persons, IV

Car accidents are not always the result of driver negligence or error. Sometimes the road is to blame. When state and local authorities fail to properly correct a hazardous roadway condition or are negligent in the design of the road itself, it may be possible for an injured driver to recover damages.

Just becomes something is legally possible does not mean that it is easy. In fact, the Georgia Court of Appeals recently threw out two personal injury lawsuits arising from alleged road defects. In both cases the appeals court adhered to a much stricter interpretation of the law than the trial courts, which thought the plaintiff’s claims had some merit.

The Georgia Department of Transportation v. Balamo

Can You File a Wrongful Death Lawsuit for a Work-Related Death?

October 19, 2017 | Benjamin S. Persons, IV

In most cases, if you lose a spouse or parent due to third-party negligence, you can bring a wrongful death lawsuit under Georgia law to recover a wide range of damages, including the deceased relative’s lost wages, medical and burial expenses, as well as non-economic damages for their pain and suffering and your own loss of companionship.

If your loved one died as the result of a workplace accident, your legal options may be limited. Workers’ compensation provides the “exclusive” remedy for all on-the-job injuries, including those that are fatal. Since workers’ compensation is a “no-fault” system, you do not need to prove the employer was negligent; however, your damages would be limited to those death benefits mandated by the Georgia Workers’ Compensation Act (GWCA).

Mangham v. Westin Hotel Management, LP

Georgia Insurer Faces Racketeering Charge After Denying Car Accident Victim’s Claim

October 13, 2017 | Benjamin S. Persons, IV

Haggling with insurance companies following a car accident is an everyday occurrence for many Georgia motorists. At the end of the day, an insurance policy is a contract, and if the insurer refuses to pay a valid claim, it can be held liable under Georgia law. Specifically, Section 33-4-6 of the Official Code of Georgia Annotated states that an auto insurer that rejects a claim “in bad faith” must pay not only for the policyholder’s losses, but also a penalty equal to greater than $5,000 or 50% of the insured party’s total liability.

Stiegel v. USAA Casualty Insurance Company

Could an insurer face liability beyond that provided under Section 33-4-6? According to a recent ruling by a federal judge in Columbus, the answer may be yes. In this case, an accident victim is alleging not just bad faith, but also potential violations of state racketeering laws.