Articles Tagged with liability

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Many personal injury claims involve more than one defendant or negligent party. Historically, if a Georgia court found multiple defendants liable for an accident, all of the defendants could be held collectively responsible for any monetary judgment. This is known as “joint and several liability.” But in 2005, the Georgia legislature amended the state’s tort laws to require a jury (or judge) “apportion its award of damages among the persons who are liable according to the percentage of fault of each person.”

Renaissance Recovery Solutions, LLC. v. Monroe Guaranty Insurance Company

This amendment has largely–but not completely–eliminated joint and several liability in Georgia. In fact, a federal judge in Augusta recently addressed a case in which a state court previously, and apparently erroneously, issued a joint and several liability verdict.

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It is a well-established principle of Georgia personal injury law that an employer can be held legally responsible for the negligent acts of its employees. In other words, if you are injured in a car accident because a delivery van ran a red light, you can sue the company that owns the delivery van for damages. This is known as “vicarious liability.”

What happens when a teenager drives his or her parents’ car and causes an accident? Vicarious liability can also apply in these cases under a rule known as the “family purpose doctrine.” As explained by the Georgia courts, the doctrine holds that “the owner of an automobile who permits members of his household to drive it for their own pleasure or convenience is regarded as making such a family purpose his ‘business.’” So, by letting your child use your car, you are creating a “master-servant” relationship similar to when an employer authorizes an employee to use a company-owned vehicle.

Doby v. Bivins

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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.

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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.”

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Property owners are liable for injuries caused by their failure to correct or repair dangerous conditions. But what if the owner has rented or leased the property to someone else? Under Georgia law, an owner who has “fully parted with possession” (i.e., a landlord) is not liable for injuries sustained by third parties on the premises.

There are two exceptions to this rule. First, the landlord is liable if the injury was the result of “defective construction.” Additionally, the landlord is responsible for his or her own “failure to keep the premises in repair.”

Aldredge v. Byrd, et al.

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If a reckless driver injures someone in a car accident, the driver may not be the only person liable for damages. If the driver was operating a vehicle owned by his or her employer, the employer may be vicariously liable for the victim’s injuries. If the employer had the vehicle insured, the insurance company may bear the ultimate financial responsibility.

Great American Alliance Insurance Co. v. Anderson

Of course, insurance companies often will not pay out without a fight. With respect to automobile insurance, policies often exclude coverage for employer-owned vehicles that are not used with the employer’s permission. What precisely constitutes “permission” can be difficult to determine.

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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.

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There are stricter rules in Georgia for bringing a medical malpractice lawsuit versus other types of personal injury claims. Not surprisingly, hospitals often try to classify ordinary negligence cases as malpractice in order to make it more difficult for the plaintiff to pursue his or her claim.

Byrom v. Douglas Hospital, Inc.

The Georgia Court of Appeals recently rejected just such an attempt. The plaintiff in this case had gone to a local hospital to undergo tests for a surgical procedure. A nurse transported the plaintiff, who normally walks with a cane, by wheelchair from the exam room to the waiting room.

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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.

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Although we charge police and fire departments with protecting lives and property, as a matter of law it is difficult to actually sue these agencies if they fail in their duties. Georgia law extends sovereign immunity to absolve state agencies of any liability arising from a “failure to provide, or the method of providing, law enforcement, police, or fire protection.” But there are cases in which a victim may sue the state for negligent application of existing police or fire protection policies, at least according to one recent decision by the Georgia Court of Appeals.

Grant v. Georgia Forestry Commission

In March 2011 the Georgia Forestry Commission issued a burn permit to a landowner in Bulloch County. Such permits are required before anyone can burn “natural vegetation that is hand piled” such as leaf piles. Unfortunately in this case, the landowner’s fire burned out of control. A fire protection ranger employed by the Commission arrived at the scene to assume responsibility for managing the situation.