Category: Personal Injury News
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Liability for Accidents to Trespassers
In general, a person owes a duty of reasonable care to all foreseeable plaintiffs and a Defendant’s failure to act reasonably may result in tort liability if his unreasonable conduct causes a Plaintiff injury. However, if a plaintiff is injured while on the land of another, a different standard of…
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Difference between a Workers Compensation Claim and a Personal Injury Claim
In Georgia, the Workers’ Compensation Act is the exclusive remedy for an injury by accident arising out of and in the course of employment. The Workers’ Compensation Act requires that employers subject to the act either carry insurance to insure the payment of workers’ compensation benefits to injured workers or…
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Intentional Trespass
What happens if someone is mistaken with regard to her property line and accidentally builds on her neighbors property? Would she have to pay damages or tear down whatever she had built? Assume for a moment that two neighbors built houses and garages on their adjacent lots. Assume as well…
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Swanson v. Tackling: A Georgia Dog Bite Case
Swanson v. Tackling: A Georgia Dog Bite Case In a recent Georgia case, a seven year old boy was bit on the head by one of Defendant’s Great Dane dogs while he was visiting their home. He suffered serious and disfiguring injuries as a result. His mom filed a personal…
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Injuries Caused by a Mentally Impared Person
If a victim is injured by someone who is mentally impaired in Georgia, can that victim recover damages for her personal injuries? The general rule in Georgia is that a psychotic person cannot be held criminally responsible for his crimes because he is not acting as a free agent and…