Personal Injury

Family Purpose Liability: Alive and Well in Georgia

In our serious injury practice we are often times confronted with cases involving the Family Purpose Doctrine. It is not unusual for one of our clients to be injured by the acts of a teenage driver. More often than not, the teenage driver is operating the automobile with the express permission of the owner of the car which are usually the parents. Under Georgia law, when a family purpose car that is furnished by the owner to a member of the family for their convenience
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Insurance Coverage for Intentional Torts

Our lawyers are often times confronted with cases where the clients complain of intentional torts committed against them. For example, we have had clients that have come in swearing that the driver that hit them did so on purpose because of some longstanding feud or vendetta. Unfortunately, if someone acts intentionally to cause harm, their insurance policy will typically provide no coverage for them. Insurance coverage is purchased to protect against negligent acts and omissions which give rise to liability to third parties. If someone
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Suing Uncle Sam Under the Federal Tort Claims Act

The Federal Tort Claims Act (FTCA) waives sovereign immunity only for the acts or omissions of an “employee of the government while acting within the scope of his office or employment. . .” 28 U.S.C. § 1346(b). Because it is a limited waiver of sovereign immunity, the provisions of the Federal Tort Claims Act are strictly construed and must be followed if a valid claim against the government is to be asserted under its provisions.

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LAKE ACCIDENTS IN GEORGIA

On May 12, 2007, we wrote here about an increase in boating accidents in Georgia. We handled several such cases in 2006 and based on our experience were very aware of the peculiar dangers affiliated with recreational boating activity. Unfortunately, in yesterday’s paper, we read about 4 separate deaths which occurred in Georgia lakes over the Memorial Day weekend. Thus, even before the summer has officially begun, we have already seen tragic evidence of the dangers associated with boating.
We cannot tell from the news
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ALL TERRAIN VEHICLE (ATV) ACCIDENTS OFTEN RESULT IN SERIOUS INJURY OR DEATH

We recently filed a wrongful death lawsuit against the owners of an ATV who failed to supervise the use of their ATV. The owner’s minor daughter and our client, a seventeen year old girl, were riding the ATV at night. Our client, the passenger, was thrown from the ATV which resulted in her sustaining internal injuries which lead to her death.
With the growing popularity of ATV’s serious injury and death cases are on the increase, especially among children. Believe it or not, the ONLY
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Wrongful Death of a Child: Apportionment of Proceeds Between Divorced Parents

Anyone who has practiced law for any period of time in the area of Serious Injury Litigation unfortunately comes across cases where a child has been killed as a result of the negligent act of a third party and the cause of action resides in divorced or separated parents. These cases not only are tragic, they can be very sad and/or messy.
The law has long been in Georgia that where parents are divorced and their unmarried child dies as a result of a negligent
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More Traps for the Unwary: Problems Under the Federal Tort Claims Act

We have previously written about procedural problems that clients may face when dealing with claims against governmental entities. Specifically, if an individual has a claim against a city or county government, there are certain pre-suit, ante litem requirements that must be observed before suit can be filed. We have written about this in earlier articles and would refer the reader to the same. We have also written these procedural problems under Georgia’s State Tort Claims Act. Here, we write briefly to discuss some unique issues
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BOATING ACCIDENTS ON THE RISE

Just this past year, our firm handled several boating accident cases which illustrate the dangerous nature of this recreational activity. In one case, a female skier was pulled into a small cove by the operator of the ski boat with such speed and force that she was pulled onto the shore and thrown into some trees with resulting and very serious personal injuries. In another case, a child being pulled on a tube was pulled in front of another boat and the child was killed.
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MUNICIPAL TORT LIABILITY IN GEORGIA

For years, cities enjoyed sovereign immunity under the law and could not be sued if negligent. This has been relaxed under recent statutory provisions with respect to city motor vehicles. For most motor vehicles operated by and on behalf of city employees, municipalities are now required to carry liability insurance in the amount of $250,000 because of bodily injury or death to any one person and $450,000 for any one occurrence. While this amount is woefully inadequate for true serious injury cases or cases involving
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ANTE LITEM REQUIREMENTS UNDER THE STATE TORT CLAIMS ACT

The State Tort Claims Act waives the state of Georgia’s immunity from suit in the courts of this state. See O.C.G.A. § 50-21-23. This is a limited waiver of sovereign immunity and the most that any single claimant can recover against the State is $1 million. See O.C.G.A. § 50-21-29. By the terms of the State Tort Claims Act, the limited waiver of immunity only applies to the State and its agencies and departments. O.C.G.A. § 50-21-22(5). The State Tort Claims Act expressly includes claims
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Motorcycle Accident Result in Serious Injuries

The motorcycle accident lawyers at Finch McCranie, LLP have represented many motorcycle riders over the years who have been seriously injured in collisions involving automobiles. A few months ago we settled a case where our client sustained very serious injuries to his leg and foot when his motorcycle was hit broadside in an intersection by a doctor who ran a red light in her SUV. Although the motorcycle was not demolished, the injuries were devastating. As a result of the injuries he sustained, doctors had to amputate several toes and part of his foot. In this case and most others, the motorcycle rider was obeying the law and did nothing to cause or contribute to the collision.

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Serious Burn Injuries In Georgia

Georgia injury lawyers know that accidents involving serious burn injuries are more common than one might think. The American Burn Association estimates that 1.1 million significant burn injuries occur every year in the United States. Most commonly, burns are caused by: automobile accidents, gas and other flammable liquid fuel explosions, scalding/hot water, electrical accidents, industrial accidents, gasoline spills, building fires, defective candles, lighters and matches; however, the causes are numerous. We have seen cases involving propane powered forklifts which leak gas inside
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The Federal Tort Claims Act: Where To File And Who To Sue

Assuming an administrative claim is properly submitted and is denied and a lawsuit is thereafter commenced, the lawsuit must be filed in United States District Court, not in a state court. One advantage of proceeding under the Federal Tort Claims Act is that such a suit can be brought in the Federal Judicial District where the plaintiff resides or where the negligent act or omission occurred. Thus, if a person is traveling, as an example, and is hit by a postal carrier running a stop
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Dog Bite Cases In Georgia

Georgia injury lawyers see numerous dog bite cases every year. More than 4.7 million people in the United States are bitten by dogs every year. Nearly one out of every six bites are serious enough to require medical attention.

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The Federal Tort Claims Act: No Right To A Jury Trial

Under the specific provisions of the Federal Tort Claims Act (FTCA) there is no right to a jury trial. See 28 U.S.C. § 2492. This is one of the disadvantages of suing the United States government but because the FTCA is a limited waiver of sovereign immunity, the provisions of the Act control. Simply stated, the limited waiver provisions provide that there is no right to jury trial when suing the United States government. What this means is that once the case is assigned to
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New Georgia Laws In Effect To Curb Automobile Accidents and Truck Accidents

Beginning today, several new Georgia laws intended to reduce automobile accidents, tractor trailer truck accidents and motorcycle accidents go into effect. One of these is the Texting While Driving law. Georgia drivers under the age of 18 will be charged if they talk or text on a cell phone while driving. Under this new law, all drivers, regardless of age will be charged if they write, send or read a text message, email or access the Internet while driving. If found guilty a motorist will be fined $150.00 and will be assessed 1 point on his or her driving record.

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Georgia Bicycle Accidents

The Georgia injury lawyers at Finch McCranie, LLP represent clients who have suffered personal injuries from bicycle accidents or who are survivors of cyclists killed in accidents caused by the careless or negligent conduct of others. Surprisingly, many of these bicycle accidents do not involve other drivers but were caused by the negligence of road contractors, construction companies, and even public utility companies. Injuries suffered as a result of these types of accidents can be severe and life altering. Most common are nerve damage, broken or dislocated bones, and injuries to the neck, back, brain, or spinal cord. Sadly, some of these bicycle accidents result in the wrongful death of the cyclist.

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Damages Allowable Under The Federal Tort Claims Act

Damages under the Federal Tort Claims Act are measured by the law of the state in which the tort occurred. Thus, the state statutes control what damages may be obtained. However, there are some differences principally in the context of wrongful death claims. Because every law in every state is different in this regard, suffice it to say that counsel must be familiar with the District Court opinions in their district as well as in their state. The differences can also dictate who has
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Atlanta Motorcycle and Motor Scooter Dangers

Motorcycles and motor scooters are becoming increasingly popular in Atlanta due to congestion and their gas saving qualities. However, we are increasingly seeing terrible and tragic accidents involving motorcycles and motor scooters. Unfortunately, many of these incidents are caused by distracted drivers who simply do not see the motorcycles or motor scooters.
In today’s Atlanta newspaper there is an article concerning a 55-year-old Atlanta resident who was killed while riding a motor scooter. She had stopped on Peachtree Road to make a turn into her
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Suing State Law Enforcement Officials In State Court:Easier Said Than Done

Under the law of the State of Georgia, law enforcement officials enjoy official immunity for acts performed within the scope of their discretionary authority. As long as they are performing discretionary acts and not ministerial duties, they can only be held liable if they are acting outside the scope of his authority or with actual malice or intent to injure. These are very difficult propositions to prove in the routine case. If an officer, however, violates a simple ministerial task, he can be liable but
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