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Monthly Archives: March 2022

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What Is A “Duty Of Care” In A Personal Injury Case?

By Shiver Hamilton Campbell |

Personal injury lawsuits must always be based on some violation of a “duty of care” owed by the defendant to the plaintiff. For example, anyone who operates a car or truck has a legal duty to drive in a reasonably safe manner and follow the traffic laws. So if a driver runs a red… Read More »

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Why An Accident Victim’s “Superior” Knowledge Of A Hazard Matters In A Personal Injury Lawsuit

By Shiver Hamilton Campbell |

In a slip and fall case the plaintiff needs to do two things to get their case heard by a jury. First, the plaintiff needs to establish that the premises owner had “actual” or “constructive” knowledge of the hazard that caused the plaintiff’s accident in the first place. Second, the plaintiff must defeat any… Read More »

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Can I Recover Damages If I Only Suffered Emotional Trauma In A Car Accident?

By Shiver Hamilton Campbell |

A car accident is often a traumatizing event for those involved. This is especially true when the victims are children. Yet emotional trauma, in and of itself, is often not subject to compensation under Georgia’s personal injury laws. Georgia courts have long followed what is known as the impact rule. The impact rule states… Read More »

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How Federal Law Can Affect Your State-Law Personal Injury Claim

By Shiver Hamilton Campbell |

Commercial trucking accidents are often catastrophic for the other vehicles on the road. They also present a host of complex legal issues. Unlike passenger cars, commercial tractor-trailers are regulated–and in many cases protected–by federal law. This means that even if a victim has a viable personal injury claim under state law, the case may… Read More »

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Georgia Supreme Court Limits Insurance Coverage For Fatal Accident Caused By Police Chase

By Shiver Hamilton Campbell |

One of the most common sources of car accident litigation is an insurance dispute. That is to say, even if the other driver was clearly responsible for causing an accident, their insurance company may still contest the extent of their liability under the applicable policy. And insurance contracts are, by design, complex legal documents… Read More »

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Is A Georgia Landlord Liable For A Tenant’s Slip-And-Fall Accident?

By Shiver Hamilton Campbell |

If you slip and fall on someone else’s property, the owner of that property may be legally liable for your injuries. Under Georgia law, however, the owner is only liable when two conditions are met. First, the owner must have had actual or constructive knowledge of the hazard that caused your fall. Second, despite… Read More »

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Are Parents Responsible When Their Child Causes A Bicycle Accident?

By Shiver Hamilton Campbell |

In personal injury law we often talk about “vicarious liability.” This can refer to a situation where, say, the owner of a motor vehicle is held legally responsible for an accident caused by the driver. For example, if a delivery vehicle runs a red light and crashes into another car, the owner of that… Read More »

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How A Victim’s “Assumption Of Risk” Can Affect A Personal Injury Claim

By Shiver Hamilton Campbell |

In some personal injury cases, the defendant may assert what is known as an assumption of risk defense. This is basically just what it sounds like: The defendant cannot be held legally liable for a risk that the plaintiff or victim assumed voluntarily. Under Georgia law, an assumption of risk defense requires the defendant… Read More »

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When Is A Store Owner Responsible For A Customer’s Injuries?

By Shiver Hamilton Campbell |

Is a business owner always legally responsible when a customer is injured on the premises? No. Georgia law only imposes a “duty to exercise ordinary care” to keep a property reasonably safe for invited guests. Put another way, a store owner is not legally required to absolutely guarantee the safety of its patrons. But… Read More »

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Emory Can’t Force Arbitration Of Infant Wrongful Death Suit

By Shiver Hamilton Campbell |

By Rosie Manins ·  Listen to article Editing by Daniel King Law360 (March 1, 2022, 6:04 PM EST) — Emory Healthcare Inc., one of Georgia’s largest health networks, can’t arbitrate wrongful death claims in relation to a patient’s baby, the Georgia Court of Appeals ruled on Tuesday, affirming a lower court’s decision.A three-judge appellate panel found Ille and… Read More »

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