What Must You Prove in a Georgia Slip-and-Fall Case?
Two things, under Robinson v. Kroger Co. (1997): "(1) that the defendant had actual or constructive knowledge of the hazard; and (2) that the plaintiff lacked…
Georgia personal injury law
Georgia Injury Law
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90 questionsLost Wages vs. Loss of Earning Capacity in Georgia: What Is the Difference?
Lost wages are pay you already missed because of the injury; loss of earning capacity is the reduction in your ability to earn in the future.…
How Does Georgia’s Recreational Property Act Limit Landowner Liability?
It removes the ordinary duty of care. An owner who lets people use land for recreation without charging an admission fee "owes no duty of care…
How Does Misusing a Product Affect a Georgia Injury Claim?
In two ways. Misuse the manufacturer could not reasonably foresee goes to whether there was a defect or a duty at all, because a manufacturer is…
Can You Sue a Foreign Manufacturer in Georgia for a Defective Product?
Yes, if a Georgia court can exercise personal jurisdiction over the company and the company is properly served. Georgia's Long Arm Statute reaches a nonresident that…
What Is the Statute of Limitations for a Wrongful Death Claim in Georgia?
A Georgia wrongful death lawsuit must be filed within two years, counted from the date of death rather than the date of the injury (O.C.G.A. §…
How Does Fraudulent Concealment Toll the Statute of Limitations in Georgia?
If a defendant is "guilty of a fraud by which the plaintiff has been debarred or deterred from bringing an action", the limitation period runs "only…
What Was Georgia’s 2005 Tort Reform, and Does It Still Apply?
The Tort Reform Act of 2005 (Ga. L. 2005, p. 1) was a package of changes aimed at medical liability. Parts of it still govern cases…
Is There a Cap on Pain and Suffering Damages in Georgia Medical Malpractice Cases?
No enforceable one. The statute, O.C.G.A. § 51-13-1, still sets a $350,000 limit, but the Supreme Court of Georgia held in 2010 that applying it to…
Can Not Wearing a Seatbelt Be Used Against You in a Georgia Injury Case?
Yes, in a case commenced on or after April 21, 2025. The 2025 amendment to O.C.G.A. § 40-8-76.1(d)(1) provides that failure to wear a seat safety…
Who Can File a Wrongful Death Lawsuit in Georgia?
The surviving spouse first; if there is no spouse, the deceased person's children, minor or adult (O.C.G.A. § 51-4-2(a)). When the person who died left no…
Can You Sue a General Contractor for a Subcontractor Injury in Georgia?
Not when the general contractor is your "statutory employer". O.C.G.A. § 34-9-8 makes a principal contractor liable for workers' compensation to a subcontractor's injured employee, and…
How Does Georgia’s 50% Comparative Fault Rule Work?
If you are partly responsible for your own injury, the jury sets your percentage of fault and the judge reduces your damages by that percentage (O.C.G.A.…
What Is a Letter of Protection, and How Did Georgia’s 2025 Law Change It?
A letter of protection (LOP) is an arrangement in which a healthcare provider treats an injured person in exchange for a promise that its bills will…
What Is the “Open and Obvious” Defense in a Georgia Premises Case?
It is the owner's argument that the hazard was plain enough that the injured visitor knew, or with ordinary care would have known, as much about…