The new Georgia insurance law regarding ride services became law on July 1, 2015 and it has big implications for you if you are thinking about driving for Uber or Lyft. 1. Your regular personal insurance policy likely excludes insurance coverage if you have a crash while working for these…
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…
Georgia law requires that a plaintiff in a medical malpractice action provide an expert affidavit that must generally set forth the defendant’s failure to comply with the applicable standard of care. See O.C.G.A. § 9-11-9.1(a). Failure to comply with this requirement renders one incapable of successfully advancing a medical negligence…
Spoiled Food Cause Your Injuries? Look Again… We frequently get calls from prospective clients who have been harmed by foreign objects in their food or by food tainted or spoiled in some fashion. Evaluating the foreign object cases is generally less complicated. Did you bite into something that caused significant…
When Your Own Insurance Company Turns Against You We tell people involved in Atlanta car accidents that as attorneys, we feel the most important insurance coverage you can get is uninsured/underinsured motorist coverage (UM) through your own car insurance company. This is the coverage that kicks in to protect you…
In a recent decision, Barking Hound Village, LLC v. Monyak, the Georgia Court of Appeals addressed an interesting question arising from a lawsuit brought against a kennel by the owners of a deceased daschund. On appeal, one of the questions the court needed to answer was whether the trial court…
Georgia’s impact rule has been around for over 100 years and basically holds that you cannot sue for witnessing a horrific injury unless you were also physically injured in the incident. The rule is formally stated thusly; the current Georgia impact rule has three elements: (1) a physical impact to…
The tragic Georgia Sugar Refinery explosion made national news and took the lives of numerous employees. 7 years later, the courts are still struggling with issues in the case. In a recent case, Bing v. Zurich Services Co., the Georgia Court of Appeals addressed whether a company hired to perform inspections…
I was looking through some case law on recent developments about intra-family exclusions and reductions when I came across the last holding of an interesting case. In the case a lady had died and her passenger children were injured when she drove through an intersection. The ex-husband had filed suit…
Public transportation is certainly a benefit, if not a necessity, for many in the Atlanta metropolitan area. However, travel on the rails or in buses, like driving in a car, is not free of risk. In a recent decision, Maloof v. Metropolitan Rapid Transit Authority, the Georgia Court of Appeals…