Articles Tagged with Georgia personal injury attorney

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Are you planning to take a cruise in the near future? If so, make sure to carefully read the back of your ticket and any other documentation the cruise operator sends you. Much of this “fine print” can substantially affect your legal rights in the event something goes wrong and you are injured during your cruise.

Davis v. Valsamis, Inc.

Consider this recent decision by the Atlanta-based U.S. 11th Circuit Court of Appeals, which oversees federal courts in Georgia, Florida, and Alabama. This case involves what the Court described as an “ill-fated sailing of the cruise ship Carnival Triumph” in February 2013. According to a Washington Post at the time, “Midway through a four-day Mexican cruise, the Triumph’s engine room caught fire, the ship lost power, and then suddenly it was just drifting, somewhere in the Gulf of Mexico.” Due to the power outage, passengers were stranded for days without working toilets, refrigerators, or air conditioners.

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Georgia law creates a mechanism to settle personal injury claims arising from a motor vehicle accident prior to the filing of a lawsuit. Under this law, a settlement offer made by one party to the other must contain the following terms:

  • a time period to accept the offer, which may not be less than 30 days after it is received by the other party;
  • the amount of money to be paid;
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When you file a personal injury lawsuit following a car accident, you need to be aware of the importance of deadlines. For example, there is a statute of limitations, which is the deadline imposed by Georgia law to file a lawsuit. Even after the lawsuit is filed, the trial court will impose numerous deadlines that must be followed.

Lyons v. O’Quinn

Among the important deadlines are those involving discovery–that is, the pretrial period in which the plaintiff and the defendant exchange documents and conduct depositions of witnesses. If either party fails to meet the stated discovery deadlines, the judge may impose sanctions, which in the case of the plaintiff’s non-compliance may include dismissal of the lawsuit outright.

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Summer is a popular time in Georgia for outdoor events such as weddings, barbecues, and fairs. When attending such events, you need to be aware of food safety. According to the U.S. Centers for Disease Control and Prevention, food-based illnesses are more common in the summertime, and this is largely due to the fact more people are “cooking and eating outside” where “the usual safety controls that a kitchen provides, like monitoring of food temperatures, refrigeration, workers trained in food safety and washing facilities, may not be available.”

Patterson v. Kevon, LLC

The Georgia Supreme Court recently examined a personal injury lawsuit involving an alleged incident of food poisoning that took place at a catered wedding. The plaintiffs alleged they got sick after eating food provided by the defendant, a barbecue company, at a wedding rehearsal dinner. More precisely, the plaintiffs said the defendants’ food “was defective, pathogen-contaminated, undercooked, and negligently prepared.”

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One of the first legal questions you need to answer before filing a personal injury lawsuit in Georgia is, “What is the proper venue?” Venue refers to the locality where a case is heard and tried. In the State of Georgia, civil cases are tried in a superior court for a particular county.

What happens if you live in one county and want to sue someone who lives in another county? Under the Georgia Constitution, venue is “in the county where the defendant resides.” So let’s say you live in Cobb County and are involved in a car accident with someone who lives in Gwinnett County. According to Georgia law, you would have to file a personal injury lawsuit against the defendant in Gwinnett County Superior Court.

Now, suppose you were involved in a three-car accident and you want to sue both of the other drivers, each of whom lives in a different county. In that scenario you could sue both defendants in either county. So, if one defendant lived in Cobb and the other in Gwinnett, you could select either county’s superior court.

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A key question in most premises liability cases is, “What constitutes a hazard?” After all, not every object that may obstruct a customer’s path is is necessarily dangerous. It is important to establish why a particular object constitutes a hazard–which leads the follow-up question of whether or not the management of the premises took reasonable steps to identify and correct that hazard.

Powell v. Variety Wholesalers, Inc.

Consider this ongoing federal lawsuit in Statesboro that centers on a clear plastic clothes hanger. One day in 2015, the plaintiff and her granddaughter went shopping at a department store owned by the defendant. The two women used one of the store’s changing rooms to try on clothes. As they exited the changing area, the plaintiff “slipped and fell” on the clear hanger, which according to her was “lying in the middle of the aisle.”

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In any personal injury case, it is helpful to have as much documentation as possible regarding the actual injury. For example, if you slip and fall in a supermarket, it can help your case for damages if the store maintained video surveillance of the area where your accident took place. In the absence of such firsthand evidence, defendants may attempt to use outside experts to “reconstruct” the accident in a manner that conflicts with your version of events.

O’Neal v. Norfolk Southern Railroad Company

Consider this ongoing federal lawsuit pending before a judge in Macon. This case is not a supermarket slip-and-fall, but rather a workplace accident involving two men who worked for Norfolk Southern Railroad. The employer’s identity is important because there is a special federal law–the Federal Employers Liability Act (FELA)–which governs personal injury claims involving railroad employees.

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Uninsured motorist (UM) coverage provides you with important financial protections in the event of an accident with a driver who lacks sufficient insurance to fully compensate you for your injuries. What about a situation in which you are driving someone else’s car? Can you claim UM benefits under their policy?

Jones v. Federated Mutual Insurance Company

The Georgia Court of Appeals recently addressed this issue in the context of a somewhat unusual case. The plaintiffs were test-driving a car owned by a dealership. At the time, neither plaintiff had his or her own auto insurance.

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Guardrail accidents have gained increasing public attention in recent years. A guardrail is supposed to help a vehicle absorb the impact of a collision, but in far too many cases, it is the guardrail that causes serious injury or death. As reported by ABC News in 2014, a University of Alabama study found that “a re-designed version of a widely used guardrail end terminal ‘placed motorists at a higher level of risk of both serious injury and fatality’ than the original version.”

Stopanio v. Leon’s Fence and Guardrail, LLC

More recently, the Georgia Court of Appeals addressed the potential legal liability of the state Department of Transportation and one of its private contractors for an allegedly defective guardrail. This tragic case began with a 2011 accident on I-75. The plaintiff was driving southbound on the highway through Valdosta. Traveling in front of the plaintiff was a second car containing her parents.

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Despite what you might think, most auto accident claims are settled out of court between the injured victim and the negligent driver’s insurance company. Only when settlement negotiations break down will a plaintiff normally resort to litigation, which requires a significant commitment of time and resources. In many cases, it is the defense’s unnecessary delays that cause the settlement talks to fail in the first place.

Stephens v. Castano-Castano

Consider this recent decision from the Georgia Court of Appeals. This case began when a defendant failed to respond in time to a settlement offer. Although the plaintiff proceeded to trial and won a substantial jury verdict, the Court of Appeals ordered a new trial based on an erroneous ruling by the trial judge.