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Posted On: November 23, 2010

The Law in Georgia if You are Hit by a Drunk Driver

hit by drunk driver in georgia.JPG
Several consumers have called asking what is the law in Georgia if you are hit by a drunk driver? They have heard of punitive damages, but are not really sure what they are. Our firm sent out a demand on Monday on a DUI case that is illustrative of how these cases differ from the standard case.
The drunk driver in our case blew a .19 for his blood alcohol content after he drove the wrong way down a street and hit our client head on. The client had $24,000 in medical bills from the emergency room alone and spent 3 months in physical therapy recovering from spinal strains and from a concussion. His medical care finished up two weeks ago and we received the medical records last week. .

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Posted In: Georgia punitive damages and DUI

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Posted On: November 19, 2010

Wrongful Death Case Stems from Unfortunate Car Accident

The disturbing aftermath of a horrific crash near Bainbridge Georgia involving some of the firm's clients was captured by a local news crew. We used to have a direct link up to the video but the local newsman did not like that so here is a link to their page with the video. The collision occurred at an outdated "Y type" intersection that is a deathtrap. We can only hope that the eventual wrongful death case will prompt the department of transportation to redesign the intersection.

Please understand that no attorney client relationship is created by participation in this blog.

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Posted In: Georgia Car Accident

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Posted On: November 18, 2010

Buckhead Lawyer Named Lawyer of Distinction by Jezebel Magazine in Atlanta

Congratulations to the firm's senior partner, Christopher Simon, on his selection to Jezebel Magazines "Lawyers of Distinction" issue out in November 2010.
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Posted In: Georgia Car Accident

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Posted On: November 11, 2010

Slip and Fall Cases against Public and Kroger Tend to be Litigated in Georgia

As slip and fall lawyers located in Atlanta, Georgia the majority of the slip and fall inquiries we get involve Publix and Kroger supermarkets, simply because the dominate the market. In the still capture above from surveillance video in a grocery store, you will note one of our clients in mid-fall with her legs going out from under her. This fall resulted in a shattered elbow with surgery to install pins to repair the fracture. This type of fall is usually caused by spilled liquid or leaking equipment. This is a good example of the serious injuries that lead to people calling our firm. When victims call they are anxious about their rights under the law and have a variety of questions so this article will attempt to answer some of the most frequent question. We provide this information because with serious injuries, very few Georgia slip and fall cases get settled without filing a lawsuit.

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Posted by Christopher Simon | | Email This Post

Posted In: Pubix slip and fall

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Posted On: November 4, 2010

When a Kid Hits Me With the Car in Georgia, Can I Sue the Parents?

The Georgia Family Purpose Doctrine

When a parent gives their child for their use he is legally responsible if they crash and hurt someone. OCGA § 51-2-2. The family purpose doctrine in Georgia provides that “[e]very person shall be liable for torts committed by ... his child ... by his command or in the prosecution and within the scope of his business, whether the same are committed by negligence or voluntarily.” Clifton v. Zemurray, 223 Ga.App. 756 (1996)

Under the Family Purpose Doctrine, when the family provides a car for the use and convenience of his family, the owner is legally responsible for the negligence of the family member who crashes.

To impose vicarious liability under the family purpose doctrine requires a two step process. First, the following four preconditions must be found present:

(1) the car's owner gave permission for the family member to drive;
(2) the owner gave control of the vehicle to the driver;
(3) the member was in the vehicle; and
(4) when it crashed, the car was on a mission for the family contemplated by the owner, like going to the movies, going for groceries, etc.

Danforth v. Bulman, 276 Ga.App. 531, 532(1), 623 S.E.2d 732 (2005).

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Posted In: Georgia Family Purpose Doctrine

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