Recently, a state appellate court issued a written opinion in a Georgia car accident lawsuit filed by an injured motorist against his own insurance policy, under the policy’s uninsured-motorist clause. The case required the court to determine if the insurance company was proper in refusing to accept the plaintiff’s claim,…
Atlanta Injury Attorney Blog
Georgia Appellate Court Discusses Recreational-Use Statute in Recent Premises Liability Case
A hunter went out on a piece of rural property and fell down a well and died and then his family tried to sue the land owner because of the hidden well. The Court of Appeals took a hard look at the immunity for hunting statute and rendered an opinion…
In a Georgia Slip and Fall Case, Testimony Turns the Tide
In most Georgia personal injury lawsuits, a party is asked for their version of the events several times before the case proceeds to trial. This may be through police investigations, pre-trial interrogatories, or depositions, or even through casual conversations with bystanders. Given the effect that time has on one’s memory,…
Spoliation of Evidence by the Plaintiff in Georgia
A recent trend in litigation in Georgia has been defense law firms sending spoliation to Plaintiff’s attorneys to retain vehicles and cell phones involved in accidents. Up until now very few appellate decisions have come down on that particular set of facts. Recent opinions have said that insurance companies and…
Court Discusses the Availability of Punitive Damages in Recent Georgia Dog Bite Case
Earlier this month, an appellate court issued an important opinion in a Georgia dog bite case discussing whether the plaintiff’s claim for punitive damages was supported by sufficient evidence to submit the claim to a jury. Translating the legalese, the Court of Appeals said that if there was a prior incident…
Slipping in Hotel Bath in Georgia is a Case if it’s Missing Non-Slip Surface
Can I sue a hotel if I slipped and fell in the bath? It used to be that Slip and Fall in hotel bathtub cases were thrown out of court on summary judgment almost every time. In this recent Georgia premises liability case, the court considered a slip and fall…
Landlord Liability for Off-Premises Dog Attack in Georgia
In a 2017 Georgia dog bite case, a woman suffered serious injuries as a result of a dog attack. She and her husband sued the owners of the dogs and their landlord, claiming her injuries were due to the dog owners’ failure to stop their dogs from leaving their fenced…
Dogbite Cases Where Dog is on a Leash
What happens where the dog owner is careful and has the dog on a leash but it lunges and bites? A recent Georgia dog bite decision arose after the plaintiff was bitten by a dog and sued the dog’s owner for negligence per se and other causes of action. The…
Georgia Boy Drowns in Apartment Pool
A recent Georgia wrongful death decision arose from a lawsuit that involved the drowning of a small child. Our firm is currently handling a sad case involving a five year old who climbed the fence of a closed pool because the fence had improper handholds available to allow it to…
Drowning Adults Have a Tough Road in Court Because of Assumption of the Risk
In a recent Georgia injury case, the court considered the drowning of a 20-year-old college student while he was studying abroad in Costa Rica. His university offered students a 12-day trip. They had to pay a fee that went toward the trip expenses as well as a per credit tuition…