Terrible tragedies can happen and it is not always someone else’s fault. We make a business out of holding the correct parties responsible under the law; the CORRECT parties, not suing everyone that can be sued. This Court of Appeals opinion is a good example of a lawyer overreaching. If…
Atlanta Injury Attorney Blog
Georgia Court of Appeals Affirms in Summer Camp Injury Case
As a state that serves as home to many large expanses of farmland, Georgia has many unique laws reflecting this heavily rural character. Among these interesting laws is the Georgia Injuries from Equine or Llama Activities Act (“Equine Act”), which is codified at O.C.G.A. § 4-12-1 et seq. Although this…
Court of Appeals Addresses Novel Question under Georgia’s Recreational Property Act
The Georgia Recreational Property Act, O.C.G.A. § 51-3-20 et seq., generally immunizes both private and governmental property owners from many forms of negligence liability when the owner of such property makes it available for recreational purposes free of charge. In a recent decision, The Mayor and Aldermen of the City of…
Atlanta Federal Court Dismisses Valet Driver Minimum Wage Lawsuit
Among the most active and quickly evolving areas in wage-and-hour law is liability associated with the misappropriation of tips. Under federal law, employers are permitted to pay workers in tip occupations an hourly wage, minus the prevailing minimum wage, for it is assumed that the lower hourly wage will be offset by the…
Georgia Court of Appeals Affirms Dismissal in Auto Shop Negligent Training Case
Sometimes I read Georgia car accident appeals cases and I am astounded at the stupidity of some of the claims that plaintiff’s lawyers will bring. This is the legal analysis for a case where the plaintiff was terribly injured and tried to blame the crash on the installation of two…
Georgia Court of Appeals Addresses Scope of Firearm-Related Tort Immunity
In 2008, the Georgia legislature enacted the “Business Security and Employee Privacy Act,” O.C.G.A. § 16-11-135, which generally prohibits an employer from restricting an employee from bringing a licensed firearm onto the employer’s parking lot. In addition to protecting employees’ right to bring firearms onto business property under certain circumstances,…
Dark Money in the Field of Litigation Funding
In a story made for Hollywood, it was recently revealed that billionaire Peter Thiel was quietly funding Hulk Hogan’s litigation against Gawker.com. We have previously discussed the silent emergence of hedge funds investing in high stakes divorce and business litigation for a cut of the winnings. What we are seeing…
Gilmer County Tour Bus Crash Investigation Will be Complex
Our injury lawyers are representing the family of one of the victim in the Greatime Getaways tour bus that collided with a tractor trailer owned by Polcon Tile & Terrazo on October 13, 2016 in Gilmer County, Georgia. We are looking to talk to any witnesses or other individuals with information about the…
Georgia Court of Appeals Disallows Piercing the Corporate Veil in Dram Law Case
In most circumstances, you cannot sue the actual owners of a corporation personally for the liabilities of the corporation. This is one of the key reasons that people use companies to insulate themselves from personal liability. Sometimes the company itself can be underfunded and the actual owner, very well off.…
When Does Georgia Law Allow for the Recovery of Punitive Damages in Motor Vehicle Accident Cases?
In most negligence cases, a plaintiff’s recovery is generally limited to his or her actual damages, both economic and non-economic. Although these damages typically provide sufficient recovery, Georgia law does allow for the recovery of an additional type of damages, punitive damages, when certain conditions are met. The recovery of…