Premises Liability

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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

Apportionment of fault presents advocacy challenge to lawyers for innocent victims

In a case of negligent security against a commercial property owner, Couch v. Red Roof Inns Inc., S12Q0625, the Georgia Supreme Court last week upheld Georgia’s apportionment statute, O.C.G.A. § 51-12-33.
In a 5 -2 decision, with Justice Benham and Presiding Justice Hunstein dissenting, the Georgia Supreme Court found that (1) the jury is allowed to … Continue Reading

Children and swimming pool tragedies

Kids and swimming pools are a delightful part of summer. This time of year I am often reminded of the pleasant memories of taking my two offspring to the neighborhood pool to play in the water with their friends. Memories of many neighborhood swim meets at the end of sweltering days. I never dreamed that … Continue Reading

In negligent security cases plaintiff must prove that security was actually negligent

When a patron of a business is assaulted and injured by a criminal on the premises, there is sometimes a possibility of suing the business or property owner for negligent security.
When I have handled such cases, the usual drill has been to gather evidence of prior criminal assaults on the premises to prove that the … Continue Reading

The learning curve of a bar president

In the past 10 days this plaintiffs’ trial lawyer, in the capacity of State Bar of Georgia president, has co-presided over a joint meeting of the State Bar Executive Committee and the Georgia Supreme Court, had a joint press conference with the Attorney General of Georgia and spoke at a lunch meeting that included general … Continue Reading

Trial preparation – propose stipulation that attorneys can issue deposition subpoenas

My law practice is focused on personal injury, wrongful death and commercial trucking law practice. As president of the State Bar of Georgia, I have many occasions to speak to groups, both in and out of my practice area. The following is excerpted from my presentation — “Trial Preparation: 30 tips in 30 … Continue Reading

Innkeeper in Georgia has no legal duty to check on health of guest

Today the Supreme Court of Georgia held, in a 4-3 decision, that notwithstanding a moral obligation to do so, a motel manager has no legal duty to investigate the health of a guest on the request of a family member.
In the case of RASNICK v. KRISHNA HOSPITALITY, INC., a 77 year old man from Texas … Continue Reading