Marietta Injury Lawyer Blog

When Can a Rainy Day Lead to a Premises Liability Lawsuit?

May 31, 2017 | Benjamin S. Persons, IV

Premises liability refers to a landowner’s legal duty to “exercise ordinary care in keeping the premises and approaches safe,” according to the Georgia Supreme Court. In other words, if you own a building and invite members of the public in, you must take reasonable precautions to protect your guests from a foreseeable harm. You are not required to insure the public’s safety from all possible or existing hazards, but you must exercise a certain degree of due diligence, i.e. inspecting your property regularly to see if any dangerous conditions exist.

Duff v. Board of Regents of the University System of Georgia

The key to any premises liability claim is establishing the existence of a hazardous condition. This generally requires a careful examination of the facts in a given case. There is no one-size-fits-all approach to assessing the existence of a hazardous condition.

How Can an Umbrella Policy Protect Me Following a Car Accident?

May 26, 2017 | Benjamin S. Persons, IV

Many Georgia residents take out “umbrella” policies to provide extra insurance protection in the event of an accident. An umbrella policy provides liability coverage above and beyond standard homeowners or automobile insurance. For example, let’s say your auto insurance policy provides $25,000 in coverage for bodily injury. You get into an accident and the other driver sues you for damages. The court awards the driver $100,000, which obviously exceeds your policy limit. At this point, if you have an umbrella policy, which typically provides coverage in the millions of dollars, it would cover the rest of the judgment.

Massey v. Allstate Insurance Company

You can also purchase an umbrella policy for uninsured motorist coverage. This refers to insurance that pays for injuries that you sustain in an accident caused by another driver who either has no insurance or lacks sufficient coverage to pay for your total damages. Georgia law requires all insurers to offer uninsured motorist coverage of at least $25,000 for bodily injury to a single person (or $50,000 for multiple people injured in the same accident). The customer has the option of rejecting UM coverage, but it must be offered.

Georgia Court Upholds $4 Million Verdict in Infant Wrongful Death Case

May 19, 2017 | Benjamin S. Persons, IV

Medical malpractice, like any personal injury claim, requires proof of two things: The defendant committed a negligent act, and that act was the “proximate cause” of the plaintiff’s injuries. Unlike other kinds of personal injury cases, such as car accidents, it is necessary to use expert testimony to establish negligence and proximate cause in medical malpractice claims. The reason for this is simple: The average person is not qualified to know the proper “standard of care” in a medical setting.

Central Georgia Women’s Health Center, LLC v. Dean

However, even a typical juror can understand when a doctor may be trying to deceive them. This may have been the case in a recent Georgia wrongful death lawsuit. A woman who tragically lost her premature baby received a medical malpractice judgment of more than $4 million against two physicians and a health clinic.

How Imprecise Statements Can Derail Your Slip-and-Fall Claim

May 12, 2017 | Benjamin S. Persons, IV

In any kind of personal injury case, it is important to be as precise as possible in your recollection of events. Obviously, nobody has a perfect memory, and you may be called to testify about an accident months or years later. But the words you use are taken seriously and literally by the court. You cannot expect a judge or jury to “know what you meant,” especially when your testimony undercuts a key argument in your case.

Hartman v. Clark

Consider a recent slip-and-fall case from here in Georgia. The plaintiff was patronizing a restaurant owned by the defendant. In a deposition, the plaintiff said she entered the restaurant’s bathroom, and after about 5 or 10 minutes she exited one of the stalls and “fell backwards,” causing injuries to her back and ankle.

How Georgia Law Affects the Time to Bring a Product Liability Claim

May 5, 2017 | Benjamin S. Persons, IV

There is always some kind of deadline when it comes to a personal injury claim. For example, in product liability cases–i.e., a lawsuit against a manufacturer who produces a dangerous or defective item that injures someone–Georgia imposes a 10-year “statute of repose.” A statute of repose is similar to a statute of limitation. Both set a cut-off date for a plaintiff to bring his or her claim before the court.

Gaddy v. Terex Corporation

The 10-year statute of repose begins with the “first sale for use or consumption of the personal property” that allegedly caused the plaintiff’s injuries. So, let’s say you bought a car in 2008. You are later injured in an auto accident due to a defect in the car’s design. This means the statute of repose will expire in 2018.

Georgia Sword Retailer Accused of Negligence by Parents of Seriously Injured Teenager

April 30, 2017 | Benjamin S. Persons, IV

Dangerous and defective products injure thousands of Americans every year. Children and teenagers are especially vulnerable to poorly designed or manufactured products. Every parent’s worst nightmare is finding his or her child seriously and permanently injured due to a manufacturer’s reckless or negligent acts.

Ballinger v. Top Swords LLC

Last November there were news reports about a Kentucky teenager injured in a “freak accident” at his home. These early reports only said that the victim, a high school sophomore, “was injured when a piece of metal entered [his] forehead, causing trauma.” In fact, the trauma was so severe that the victim was in a coma for six weeks.

What Happens When a Defendant in a Personal Injury Case Fails to Appear in Court?

April 28, 2017 | Benjamin S. Persons, IV

Personal injury litigation is often a lengthy process, involving months or even years of pretrial discovery, followed by a trial and possibly several rounds of appeals. What happens when the defendant simply fails to respond to the plaintiff’s lawsuit? Does the plaintiff automatically win?

Anderson v. Family Dollar Stores of Georgia, LLC

In legal terms, a defendant who fails to answer a properly served complaint “defaults.” This does not necessarily mean that the plaintiff is entitled to damages. The default only means the judge must take the factual allegations in the plaintiff’s complaint as true. The judge must then determine if those allegations are properly pled–i.e., that they actually state a legal basis for granting relief.

Injured Farmhand Deemed Responsible for Work Vehicle Accident

April 21, 2017 | Benjamin S. Persons, IV

In a personal injury case, you cannot recover damages against a defendant based on negligence if you voluntarily assumed the underlying risk. To put it another way, if your own negligence caused the accident, you cannot blame someone else. In some cases, the plaintiff’s responsibility is considered so obvious, a judge will not even let a negligence claim proceed to trial.

Fuller v. McCormick

Here is one such case. The plaintiff worked as a farmhand. During the 13 years of his employment, the plaintiff regularly operated a Bobcat utility vehicle to perform various tasks around the farm.

Insurer Possibly on the Hook for Georgia Railroad Crossing Accident

April 11, 2017 | Benjamin S. Persons, IV

Earlier this year, the U.S. Department of Transportation launched a $7 million advertising campaign to warn drivers about the dangers of railroad crossings. The DOT noted that while the total number of railroad incidents have been in decline over the past decade, a person or vehicle is still hit by a train roughly every three hours. In 2016, there were 232 reported deaths due to railroad crossing accidents.

Liberty Surplus Insurance Corp. v. Norfolk Southern Railway Co.

Recently the U.S. 11th Circuit Court of Appeals in Atlanta dealt with a personal injury lawsuit arising from a 2011 railroad crossing accident. The victim was severely injured when a train struck her. She claimed she could not see te approaching train due to “overgrown and improperly maintained vegetation at the railroad crossing.”

Atlanta Mall Absolved of Responsibility for Patron’s Murder

April 6, 2017 | Benjamin S. Persons, IV

Negligent security cases are often the most difficult types of personal injury cases for victims to prove. Negligent security falls under the broader category of “premises liability,” i.e. a property owner’s legal duty to keep that property in reasonably safe condition for customers and other invitees. While premises liability does not ordinarily extend to criminal acts committed by third parties, a property owner may be responsible for failing to provide adequate security, including proper lighting, locks, or guards.

Fair v. CV Underground, LLC

The Georgia Court of Appeals recently addressed a negligent security claim against a well-known Atlanta shopping center. The plaintiffs were the parents of a man shot and killed on the defendant’s premises. Both the trial court and the Court of Appeals agreed the parents failed to present a case that could survive summary judgment.