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Articles Posted in Premises Liability

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Are Georgia Parks immune from Lawsuits When they don’t charge Admission?

Situated just outside Atlanta, Stone Mountain Park serves as a venue for many important Metro Atlanta outdoor events. Although most are characterized only by revelry, not all go off without incident. Indeed, one such unfortunate event was at the heart of a recent decision from the Georgia Court of Appeals, Stone…

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Georgia Court of Appeals Reverses in Elevator Injury Case

Elevators are among the tremendously useful inventions of the modern era. Indeed, buildings would have never reached even half of the astronomical heights they have attained in the elevator’s absence. Along with being a modern necessity, however, elevators can be incredibly dangerous when not properly maintained. Although a shoddy cable…

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Georgia Court of Appeals Tackles Apartment Drowning Case

The guiding principle of negligence liability is that one should be accountable for injuries occasioned by a failure to act with reasonable care. Since reasonableness is the guiding principle for negligence liability, it follows that one should not be held liable when the events leading to the injury, even if foreseeable…

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When Does One “Voluntarily” Assume a Risk Under Georgia Law?

Among the most common defenses in negligence litigation is assumption of risk. Assumption of risk was originally an affirmative defense that absolutely insulated a defendant from liability if it was shown that the plaintiff assumed the risk that resulted in injury. Today, however, assumption of risk has become part of the…

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Watson v. Forest City Commercial Management, Inc.: A Look at the Federal Removal Statute

Although trial is the stage of litigation that many consider to be the key moment for legal argument, many critical battles over the admissibility of evidence, venue and the applicability of certain laws take place long before trial, assuming the case even gets that far. The initiation of litigation often leads…

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