Author Archives: Jay Butchko
Georgia Supreme Court Limits Insurance Coverage For Fatal Accident Caused By Police Chase
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 »
Is A Georgia Landlord Liable For A Tenant’s Slip-And-Fall Accident?
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 »
Are Parents Responsible When Their Child Causes A Bicycle Accident?
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 »
How A Victim’s “Assumption Of Risk” Can Affect A Personal Injury Claim
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 »
When Is A Store Owner Responsible For A Customer’s Injuries?
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 »
Emory Can’t Force Arbitration Of Infant Wrongful Death Suit
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 »
Georgia Judge Upholds $250,000 Slip And Fall Verdict Against Walmart
A slip and fall accident can lead to serious medical complications. Aside from dealing with any broken or dislocated bones, there is always a risk of a post-accident infection. So when an accident is the result of a property owner’s negligence, they can and should be held financially responsible for such complications. For example,… Read More »
Can I Sue The City For A Slip And Fall Accident?
You probably know that if you are injured in an accident caused by the negligence of an individual or business, you can file a personal injury lawsuit and ask a court to award you monetary damages. But what if your injuries were caused by the negligence of the government? Can you sue the city?… Read More »
What Is The Statute Of Limitations For Medical Malpractice In Georgia?
If you are thinking about filing a personal injury lawsuit, you need to be aware of the statute of limitations. This refers to the legally mandated deadline for initiating a particular type of lawsuit. With few exceptions, if you do not file your lawsuit within this limitation period, your case cannot legally be heard… Read More »
