Posted On: October 30, 2010

Should Parents be Responsible for the Acts of Their Children in Georgia?

Georgia liability for childrenIn a front page New York Times story today, a writer decried the decision of a New York Court to allow a lawsuit against a 4 year old child to be considered by a jury rather than be thrown out as a matter of law.

In the New York case, two four year olds riding on bikes with training wheels were racing each other down a Manhattan sidewalk when they knocked down an 87 year old and broke her hip. According to the article the children were being supervised by their parents.

This case is a great example of how hard it is to legislate effectively. On the one hand if you let your kid ride fast down a sidewalk and they run into an old lady and break her hip, you are clearly morally obligated to at least pay her medical bills. On the other hand is the reality that kids will be kids and it is hard to hold a parent liable for something they cannot control.

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Posted On: October 7, 2010

Georgia Slip and Fall Cases Win a Victory against the Prior Traverse Rule

Georgia slip and fall.JPGIn a recent Georgia Court of Appeals decision, Perkins v. The Val D’Aosta Co., Case No. A10A0413 (Ga. Ct. App., July 9, 2010), the Court held that where the injured person had walked across the allegedly hazardous curb several times prior to falling, typically a fatal "prior traverse", they were still able to take their case to the jury. This decision continues the recent Court of Appeals trend chipping away at the ability of trial judges to take away the plaintiff's constitutional right to jury trial.

Remember that as we have discussed before on our Georgia slip and fall page, the basis for holding a property owner responsible is the information imbalance. If the property owner knows the property better than you do and there is a hazard present that hurts you, then you have a case. However, if you know the area, have walked over it previously or know the conditions for any reason before you fall, you have equal knowledge. Equal Knowledge is deadly to a Georgia slip and fall case; as it should be. Think about it; do we want people suing businesses when the injured person knew about the hazard before they tripped over it? People have to take responsibility for their own lack of care, plain and simple.

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