Premises Liability

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TV law firm “settlement mills” blasted in legal ethics journal

Lawyers and paralegals who had previously worked at personal injury firms that advertise heavily on television, billboards and bus placards have told me many tales about the business model of those firms.
They have told me how lawyers may be responsible for 600 cases at a time, with 100 or more in litigation.
They have told me … Continue Reading

16 Ways to Overcome the Independent Contractor Defense

Effective representation of the plaintiff in a case of serious injury or wrongful death often requires that counsel overcome an “independent contractor” defense.  That frequently involves solving a shell game of independent contractor business relationships used to evade financial responsibility. Sometimes lawyers refer to this as getting “beyond the monkey to the organ grinder.”
The general rule is that a defendant … Continue Reading

A year of bright ideas in advocacy

No matter how many years a lawyer has practiced, there is no end to the need for exposure to bright new ideas from the best lawyers around the United States.
Over the past year, I had the opportunity to serve as chair of the Motor Vehicle Collision, Highway and Premises Liability Section of the American Association … Continue Reading

Explosion of video evidence in injury and death cases

When I started practicing law in 1977, hardly anyone but TV stations had video cameras, which at the time were heavy, tripod-mounted and extremely expensive. The idea of being able to play a video recording of an event in court would have seemed like science fiction if anyone had been so fanciful as to suggest  … Continue Reading

Shigley Leads Section of American Association for Justice

Ken Shigley of Atlanta, who was president of the State Bar of Georgia in 2011-12, is now chair of the largest practice area section in the American Association for Justice (AAJ), the national organization of plaintiffs’ trial attorneys. Shigley took the helm of the Motor Vehicle Collision, Highway & Premises Liability Section of AAJ and … Continue Reading

Inadequate Security Can Lead to Unsafe Premises

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When you are traveling away from home, you want to stay somewhere you feel secure. The last thing you expect while traveling is to stay at a hotel or motel that is unsafe because of hazardous conditions or unsavory characters on the premises.
All too often, criminals enter hotel … Continue Reading

Remember Pool Safety This Summer

It was a Friday evening in Gainesville Georgia. Three-year-old twins John and Koraleigh were in their grandparents’ front yard with teenage brothers and their girlfriends. The teens had brought a television from inside and were planning a “movie under the stars.” Mom was at her home next door but assumed the children were being watched … Continue Reading

How do you handle fees and expenses in a personal injury or wrongful death case?

Many prospective clients in serious personal injury and wrongful death claims ask questions about legal fees and litigation expenses in handling their cases. As an Atlanta personal injury trial attorney handling serious injury and death cases across Georgia, and as an individual who remembers very well what it is like to be flat broke and … 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

Deck collapse cases require proof of cause, knowledge

Outdoor decks are a common amenity for outdoor living at homes, apartments, condominiums, restaurants and commercial properties throughout Atlanta and Georgia. It seldom occurs to most people that these pleasant decks may hold hidden dangers that suddenly lead to serious injury or even death.
Every year there are many incidents of deck collapses in which people … Continue Reading