It is a tough lesson to learn but in Georgia you don’t have a claim for a slip and fall if there are wet floor signs and you still slip and fall. Remember the law does not require stores to be perfect, you just have to give customers a head’s…
Georgia slip and fall cases are all about knowledge. To win one of these cases, the store has to know more about the spill than you do, either because it has been there for a while or because they had employees in the area. The corollary is, if you have…
A hunter went out on a piece of rural property and fell down a well and died and then his family tried to sue the land owner because of the hidden well. The Court of Appeals took a hard look at the immunity for hunting statute and rendered an opinion…
In most Georgia personal injury lawsuits, a party is asked for their version of the events several times before the case proceeds to trial. This may be through police investigations, pre-trial interrogatories, or depositions, or even through casual conversations with bystanders. Given the effect that time has on one’s memory,…
Can I sue a hotel if I slipped and fell in the bath? It used to be that Slip and Fall in hotel bathtub cases were thrown out of court on summary judgment almost every time. In this recent Georgia premises liability case, the court considered a slip and fall…
A recent Georgia wrongful death decision arose from a lawsuit that involved the drowning of a small child. Our firm is currently handling a sad case involving a five year old who climbed the fence of a closed pool because the fence had improper handholds available to allow it to…
In a recent Georgia appellate case, the plaintiff sued the defendant for damages after slipping and falling in the chain restaurant that he owned and operated. He moved for summary judgment under OCGA § 9-11-56, which was granted. The case arose when the plaintiff went to the defendant’s restaurant for…
Last month the United States District Court for the Middle District of Georgia rendered a highly relevant opinion concerning a personal injury claim. The opinion in S.G. v. TJX Companies, Inc., et al., (M.D. Ga 2017) is instructive because in it the court interpreted how the Federal Rules of Civil Procedure…
The Georgia Recreational Property Act, O.C.G.A. § 51-3-20 et seq., generally immunizes both private and governmental property owners from many forms of negligence liability when the owner of such property makes it available for recreational purposes free of charge. In a recent decision, The Mayor and Aldermen of the City of…
In 2008, the Georgia legislature enacted the “Business Security and Employee Privacy Act,” O.C.G.A. § 16-11-135, which generally prohibits an employer from restricting an employee from bringing a licensed firearm onto the employer’s parking lot. In addition to protecting employees’ right to bring firearms onto business property under certain circumstances,…