Construction Archives - Page 3 of 3

Case Law Update: Georgia Court of Appeals Holds that Application of Res Ipsa Loquitur Should Only Be Used in Rare Cases

May 9, 2014 by M-M Admin

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

Case Law Updates | Catastrophic Injury & Wrongful Death | Construction | Motor Vehicle Accidents | Premises Liability

Case Law Update: Georgia Court of Appeals Upholds and Clarifies Jury Apportionment of Fault to a Non-Party

April 4, 2014 by M-M Admin

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

Catastrophic Injury & Wrongful Death | Construction | Insurance Coverage & Business Disputes | Premises Liability

Liability Waivers: Can You Sign Away Your Right to Sue?

December 26, 2013 by M-M Admin

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

Construction | Insurance Coverage & Business Disputes

Once More Into The Breach: Opening The Door For CGL Coverage For Breach Of Contract Claims Against Contractors

October 25, 2013 by kwsm

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

Construction | Insurance Coverage & Business Disputes | Motor Vehicle Accidents | Premises Liability

If You See Something, Say Something: Application of Notice Provisions to Georgia Insurance Policies

October 21, 2013 by kwsm

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

Recent Changes to Georgia’s Evidence Code

October 17, 2013 by kwsm

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

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