With the rapid proliferation of social media websites such as Facebook, Twitter, and Instagram in recent years, parties to litigation now have access to information on subjects’ private lives that in an earlier era would only have been accessible by … Read More
A recent decision by the Georgia Supreme Court sheds light on the law imposing suit limitations on lien collection actions, and suggests that the statute in question may need to be revised by the legislature. Hospital Authority of Clarke County … Read More
The doctrine of res ipsa loquitur requires that a plaintiff show that whatever caused the plaintiff’s injury was in the exclusive control of the defendant and but for the defendant’s negligence, the plaintiff would not have been injured. Clearly, it … Read More
As a general rule, under the doctrine of respondeat superior in Georgia, an employer is liable for injuries to another proximately resulting from the acts of an employee committed within the scope of his or her employment. O.C.G.A. § 51-2-2. … Read More
The Georgia Court of Appeals has just issued a new case which clarifies apportionment of fault against a non-party which is codified at O.C.G.A. § 51-12-33. The statute and subsequent cases allow a Defendant in a civil case to file … Read More
While the majority of Georgia slip and fall cases involve rainwater or other liquids, we have also seen numerous lawsuits involving individuals injured after slipping on ice. How can we determine whether a claimant is entitled to recover for injuries … Read More
How do you know if a waiver of liability is valid in Georgia? Georgia courts have addressed the issue in numerous opinions over the years, and these decisions generally hold that if a wavier is well-worded, written in plain English … Read More
One of the basic principles applicable to Commercial General Liability (CGL) policies for contractors is that the policies provide coverage for claims arising out of the contractor’s negligence, but that claims for breach of contract are excluded from coverage unless … Read More
It is an undisputed truth that insurance policies contain voluminous language explaining exactly what constitutes a covered claim. However, it is also true that whether a claim is covered may depend on when the insured calls his or her insurer … Read More
This article sets out some of the major changes to the Georgia Evidence Code which became effective January 1, 2013. Georgia has primarily adopted the Federal Rules of Evidence with some exceptions as noted herein. Under the new rules hearsay … Read More