Governmental liability

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Child death in day care van – uninsured child care & sovereign immunity for negligent licensing

Every summer there are far too many instances of children dying when left in a hot vehicle. One such tragedy involving a child care center without adequate insurance led to a claim against a city government for negligent licensing of the child care center.
Many child care centers in Georgia have no liability insurance because child … Continue Reading

Strict notice requirement of Georgia Tort Claims Act is trap door for the unwary

About once a month I get a call from an attorney in another state asking about the procedure for making injury and death claims against Georgia state government. Too often they are disappointed to learn that their letters to and correspondence with a claims adjuster for the state was not adequate notice of the claim. … Continue Reading

Venue options broaden for Georgia State Tort Claims cases

When younger lawyers ask me for advice on their cases, among my first questions are, “What is the venue?” and “Who is the judge?”   Often the response is, “Uh, I’ll get back to you.”
Facts and law are vitally important. But the identity of the decision makers – judge and jury – are crucial too. While … Continue Reading

Georgia State Patrol fires trooper who killed 2 teens in crash

The leadership of the Georgia State Patrol deserves credit for openness in promptly taking disciplinary action and publicly disclosing that a State Trooper’s reckless conduct caused the deaths of two west Georgia  teenagers and injuries to two others last week.
State Trooper Anthony J. Scott, 26, was fired Friday after investigators determined he was driving 91 mph … Continue Reading

General Motors recalls over 2.6 million vehicles due to potentially fatal ignition switch defect

Several years ago I handled a products liability case against an auto manufacturer that had designed its braking system on one model so that a poorly designed sensor would turn off the antilock braking system without warning. As a result, our client was a brain damaged quadriplegic. It took much expert analysis and discovery of … Continue Reading

What is the time limit to make a claim for injury or death against a city government in Georgia?

“You snooze, you lose.” The time limit to file a lawsuit in court for personal injury or wrongful death in Georgia is two years. But the time to present a notice of claim to a city government when one is hurt or killed by a municipal government’s negligence or public nuisance — whether due to … Continue Reading

What is the time limit for making an injury or death claim against Georgia state government?

If you wait for the two year statute of limitations to make a claim for serious personal injury or wrongful death against a state agency in Georgia, you will be out of luck.
The Georgia Tort Claims Act waives sovereign immunity up to  $1 million per person and $3 million per occurrence, subject to a long … Continue Reading