In a recent Georgia slip-and-fall opinion, a state appellate court discussed whether a plaintiff’s case should proceed to trial against a defendant maintenance company. The case affirms the importance of conducting a thorough investigation before filing any Georgia personal injury lawsuit. The Facts of the Case According to the court’s recitation of the facts leading up to the accident, the plaintiff was working at a restaurant when he was asked to empty a grease trap into a dumpster that was located in the rear parking lot of the restaurant. The plaintiff was in the process of walking to the ..read more

The Georgia Court of Appeals recently issued an opinion concerning a car accident case in which the plaintiff claimed he was injured after a controlled burn was negligently executed. The plaintiff filed a personal injury suit against a corporation after a truck in which he was riding as a passenger collided with a fallen power cable in the road. The plaintiff alleged that the corporation, which operated a quail hunting reserve, was negligent in conducting the controlled burn on its property. The corporation conducted controlled burns each spring to prevent hazards and improve quail habitats. E ..read more

Recently, a state appellate court issued an opinion in Georgia slip-and-fall case dismissing the plaintiff’s claims against the defendant based on the plaintiff’s failure to show that the defendant knew of the hazard that caused her fall. The case is especially important, because the defense used by the defendant is one that is commonly asserted in Georgia premises liability cases. Georgia Premises Liability Claims To succeed in a Georgia premises liability claim, a plaintiff must be able to show that the defendant landowner failed to exercise reasonable care in keeping the premises safe. Geor ..read more

In a recent Georgia personal injury case before the state’s appeals court, the plaintiff was injured in a motor vehicle accident as a man was fleeing from the police. The plaintiff subsequently filed a claim against the Georgia Department of Public Safety (the State), and the State moved to dismiss the complaint because it claimed the plaintiff failed to serve the State with a proper ante litem notice within one year of the crash. The plaintiff claimed that the statute of limitations should have been tolled while the criminal case against the man who was fleeing from the police was pending. Th ..read more

A state appellate court recently released an opinion in a Georgia car accident case discussing the state’s spoliation doctrine as it pertains to relevant evidence that was accidentally destroyed by a third party before trial. The spoliation doctrine is an important one for Georgia personal injury victims to understand because it can result in serious sanctions against the party that destroys or fails to preserve relevant evidence. The Case’s Facts The plaintiff was a widower, the surviving spouse of a woman who died when the vehicle she was driving hydroplaned after encountering standing water ..read more

In a recent Georgia premises liability case, a court discussed a store’s obligation to maintain the area immediately around the entranceway into the building. Ultimately, the court dismissed the plaintiff’s case after finding that store’s parking lot was not included in the area that the store was required to maintain. The Facts of the Case The plaintiff had just finished shopping at a Big Lots store and was walking back to her car when she slipped and fell after stepping in a wet substance in the store’s parking lot. The plaintiff was injured as a result of the fall and filed a Georgia premis ..read more

In Georgia negligence claims, several different types of damages may be awarded to plaintiffs who are successful in proving their case. Damages awards are often composed primarily of “compensatory” damages, which are designed to compensate a plaintiff for their injuries. The goal of compensatory damages is to make a plaintiff “whole” again, or at least to the greatest extent possible. Compensatory damages can be broken down into general and special damages. General damages are damages that are presumed to result from the negligent act, without evidence showing a specific amount, such as past a ..read more

Recently, a state appellate court issued a written opinion in a Georgia workers’ compensation and personal injury case discussing whether the defendant employer could be held liable for failing to provide medical care to the injured employee-plaintiff after he was injured on the job. Ultimately, the court concluded that the “sole remedy” provision of the Georgia Workers’ Compensation Act precluded the plaintiff’s claim. According to the court’s opinion, the plaintiff was injured in a Georgia car accident while he was working for the defendant. The exact details of the crash are not particularl ..read more

In a recent case, a state appellate court recently decided that a Georgia products liability case could proceed to trial against a store that sold an anchoring tool without providing instructions or a tool necessary for proper installation. According to the court’s opinion, a worker was doing electrical work as part of a construction project and was standing on a ladder when a concrete rod dislodged from the ceiling, causing a heavy piece of equipment to fall. As the equipment fell, some piece of it struck the man in the face, causing him to fall from the ladder. He was seriously injured as a ..read more

Earlier this year, a state appellate court issued an opinion in a Georgia premises liability lawsuit discussing the duty that a hotel owes to its guests. The case required the court to determine if the plaintiff presented sufficient evidence to survive the defendant’s motion for summary judgment. The court ultimately concluded that the case should proceed to trial, in which a jury could resolve the material issues of fact raised by the plaintiff’s evidence. According to the court’s opinion, the plaintiff and a friend were in Atlanta for a sporting event and stayed at the defendant hotel. As th ..read more