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 is one of the hardest tests in tort law to meet because generally there is […]
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. While there is no controlling definition of scope of employment, generally, if the employee’s wrongful […]
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 a notice prior to trial to allow a jury to apportion fault to a party […]
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 suffered in icy conditions? Georgia law is clear that for a plaintiff to recover from […]
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 that is easy to understand, and does not have any ambiguities, the Courts are 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 there is an insured contract. However, a recent Georgia Court of Appeals case, Maxum Indemnity […]
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 to discuss whether a claim is covered. Insurance policies typically include a notice requirement, and […]
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 testimony is now admissible if no objection is made. Previously hearsay was excluded as “illegal” […]