Atlanta Injury Attorney BlogThe majority of the slip and fall inquiries we get involve Publix and Kroger supermarkets, simply because the dominate the market. In the still capture above from surveillance video in a grocery store, you will note one of our clients in mid-fall with her legs going out from under her. This fall resulted in a shattered elbow with surgery to install pins to repair the fracture. This type of fall is usually caused by spilled liquid or leaking equipment. This is a good example of the serious injuries that lead to people calling our firm. When victims call they are anxious about their rights under the law and have a variety of questions so this article will attempt to answer some of the most frequent question. We provide this information because with serious injuries, very few Georgia slip and fall cases get settled without filing a lawsuit.
When a Kid Hits Me With the Car in Georgia, Can I Sue the Parents?
The Georgia Family Purpose Doctrine
When a parent gives their child for their use he is legally responsible if they crash and hurt someone. OCGA § 51-2-2. The family purpose doctrine in Georgia provides that “[e]very person shall be liable for torts committed by … his child … by his command or in the prosecution and within the scope of his business, whether the same are committed by negligence or voluntarily.” Clifton v. Zemurray, 223 Ga.App. 756 (1996)
Under the Family Purpose Doctrine, when the family provides a car for the use and convenience of his family, the owner is legally responsible for the negligence of the family member who crashes.
Should Parents be Responsible for the Acts of Their Children in Georgia?
In a front page New York Times story today, a writer decried the decision of a New York Court to allow a lawsuit against a 4 year old child to be considered by a jury rather than be thrown out as a matter of law.
In the New York case, two four year olds riding on bikes with training wheels were racing each other down a Manhattan sidewalk when they knocked down an 87 year old and broke her hip. According to the article the children were being supervised by their parents.
This case is a great example of how hard it is to legislate effectively. On the one hand if you let your kid ride fast down a sidewalk and they run into an old lady and break her hip, you are clearly morally obligated to at least pay her medical bills. On the other hand is the reality that kids will be kids and it is hard to hold a parent liable for something they cannot control.
Georgia Slip and Fall Cases Win a Victory against the Prior Traverse Rule
In a recent Georgia Court of Appeals decision, Perkins v. The Val D’Aosta Co., Case No. A10A0413 (Ga. Ct. App., July 9, 2010), the Court held that where the injured person had walked across the allegedly hazardous curb several times prior to falling, typically a fatal “prior traverse”, they were still able to take their case to the jury. This decision continues the recent Court of Appeals trend chipping away at the ability of trial judges to take away the plaintiff’s constitutional right to jury trial.
Remember that as we have discussed before on our slip and fall page, the basis for holding a property owner responsible is the information imbalance. If the property owner knows the property better than you do and there is a hazard present that hurts you, then you have a case. However, if you know the area, have walked over it previously or know the conditions for any reason before you fall, you have equal knowledge. Equal Knowledge is deadly to a Georgia slip and fall case; as it should be. Think about it; do we want people suing businesses when the injured person knew about the hazard before they tripped over it? People have to take responsibility for their own lack of care, plain and simple.
Texas Personal Injury Statute of Limitations is Similar to the Georgia Statute of Limitations
As a Georgia injury lawyer with a statewide practice, I often handle cases involving issues for out of State clients. One of the Texas personal injury attorney that we work with, the Grossman Law Offices, PC, and I got to talking the other day about the Statute of Limitations and how they differ for each state.
As it turns out, the Texas Statute of Limitations for injury cases is generally two years, much the same as Georgia. TEX. CIV. PRAC. & REM.CODE ANN. § 16.003 Texas has the same rules that allow minors to reach the age of majority before the clock begins to run. It does not appear that Texas has the tolling provision that we currently have in Georgia where a Plaintiff in a case stemming from a crash with a traffic citation or a crime has the two years plus the days it takes for the ticket or criminal case to be resolved.
Atlanta Public Schools Accused of Cheating on Tests Despite “Freakonomics” Warning
As a parent and lawyer with a child in the Atlanta City Public Schools, I am disgusted by the corrupt culture of shortcuts that keeps rearing its head in our city. After reading Freakonomics by Steven D. Levitt and Stephen J. Dubner a few years back, I remember thinking to myself that the cat is out of the bag and teachers would know that widespread cheating on competency tests leaves a statistical “fingerprint” that is easy to see.
Wrongful Death Cases are Almost Always Litigated in Georgia; Why?
Over the last two months, our firm has filed two wrongful death lawsuits and tractor trailer companies in Georgia and is preparing to file another in California with co-counsel. The idea of going into litigation and facing a jury is daunting for many prospective clients but you must understand that when significant dollar amounts are at stake, no insurance company is going to make a settlement offer that is even close to full value unless they are forced to.
Who are the People That Call you After a Car Accident Talking About Referrals?
We have had a number of calls from people in Atlanta hurt in car accidents recently where they receive phone calls from runners after the crash. As we discussed previously “runners” are scumbags hired by some lawyers and chiropractors to drive business to their practices. They sometimes claim to be a referral service and sometimes they are calling on behalf of a specific chiropractic clinic. What they all share in common is a sleaze factor a mile wide. These people cannot get business in a legitimate fashion so they resort to taking advantage of confused consumers.
My Car Accident Lawyer Won’t Call Me Back
Over the last week I have had 4 people call the office complaining that their Atlanta lawyers won’t call them back. Furthermore, the injury lawyers have sent a letter to the client saying the office is sending a demand to the insurance company without running it by the client first. In even the most simple car accident case, they are certain fundamental duties your lawyer owes you in Georgia.
Giving Geico Credit Where it is Due and a Suggestion
Several weeks ago you may recall I wrote a piece decrying the decision making on a number of cases involving Geico insurance. While I am outspoken when I see injustice, it is only fair to also recognize improvement.
In the DUI case that I described, Geico went on to reverse their liability decision and has now taken care of the property damage that the clients sustained at the hands of the drunk driver. What happens with the husbands injured shoulder remains to be seen but for now the universe is back in order and functioning as it should for that family.
On the case involving two carpal tunnel surgeries that I mentioned was getting close to trial with a totally unfair offer in light of the jury value, Geico also reassessed the situation and ended up doing the right thing and resolving the claim. Do I wish for the client’s sake that they had done this a year ago? Absolutely, but as I said earlier, in the field of injury law justice delayed is still better than no justice at all.
The motorcycle case was put into litigation two weeks ago and we are now waiting for the defense to file an answer. Whether the adjuster on that file is given the latitude to better assess the risk remains to be seen but as the old song says, “two out of three ain’t bad.”
I do not inherently believe that first tier insurance companies are evil as some of my brothers at the bar do, but they can go through periods where their decision making is profoundly obtuse.