Georgia’s Good Samaritan Law

Georgia good Samaritan law

We all have a duty to act with reasonable care towards others. This is the basic principle underlying all of Georgia tort law. A secondary principle is that generally speaking, none of us have a duty to go out of our way to help each other. We have a duty not to cause harm, but there is no legal requirement that we give aid to others.

Putting these two legal principles together creates a problem when people need emergency medical care. If someone decides to help, they put themselves at risk of legal liability if they make a mistake and cause further harm. But if they decide to do nothing, they have no legal liability for what happens. The recent tragic case of Lorraine Bayless highlights this problem.

Lorraine Bayless was living at Glenwood Gardens, an elderly care facility, when she stopped breathing. Someone at Glenwood Gardens called 911, and the emergency dispatcher on the phone urged them to start CPR. But there was a strict policy at Glenwood Gardens for employees not to provide medical care, and the employee stated that she couldn’t help because her boss told her not to do anything.

The 9-11 dispatcher asked if, even though the employees were instructed not to perform CPR, if any one could help Bayless stay alive. The employee, instructed by her boss not to do anything that could incur liability for the facility, stated the only thing she could: “Not at this time.” By the time the EMS crew arrived, Lorraine Bayless was dead.

To encourage people to help those in need, Georgia has a law protecting people from legal liability when they give medical aid to someone in an emergency. This is called the Georgia Good Samaritan Law. Under this law, if you try to help someone by giving CPR or any other emergency medical care, you cannot be held liable for any mistake you make under the Georgia Good Samaritan Law.

Georgia’s Good Samaritan Law

Georgia’s “Good Samaritan law” is found Title 51 Chapter 1 Section 29 of the Official Code of Georgia. It states:
Any person, including any person licensed to practice medicine and surgery, and including any person licensed to render services ancillary thereto, who in good faith renders emergency care at the scene of an accident or emergency to the victim or victims thereof without making any charge therefor shall not be liable for any civil damages as a result of any act or omission by such person in rendering emergency care or as a result of any act or failure to act to provide or arrange for further medical treatment or care for the injured person.

Under this law, a person giving aid cannot be found liable for negligence and a doctor or health professional giving emergency aid without charge is immune from a medical malpractice suit.

Contact the Kennesaw, GA Personal Injury Attorneys at Williams Elleby Howard & Easter, to Discuss Your Case

The Kennesaw, GA personal injury attorneys at Williams Elleby Howard & Easter, fully understand Georgia personal injury law. If you have any questions about this issue or would like to discuss your case, contact Williams Elleby Howard & Easter, at 833-LEGALGA today.

Commissioner Silent as Car Insurance Rates Soar

rise car insurance rates

In recent years, auto insurance rates have been soaring in Georgia. One reason rates have been going up is that accidents are on the rise in Georgia. Another reason is that there is nothing to stop insurance companies from hiking up rates. Georgia used to regulate auto insurance rates so that insurers could only raise rates when given prior approval from the state to do so.

But in 2008, the Georgia legislature passed a bill deregulating the auto insurance industry. Today, insurance companies in Georgia can raise rates freely when they decide to.

Deregulation was supposed to increase competition and allow free market forces to drive prices down. But this didn’t happen. Instead, auto insurance rates have steadily risen in Georgia each year since. In 2016, Georgia saw the highest increase in personal auto insurance rates in the entire country. Overall, Georgia auto insurance premiums are the twelfth highest in the country.

Insurance Commissioner Ralph Hudgen has done little to address the rising rates. As a senator in 2008, Hudgen was the chairman of the Georgia Senate Insurance Committee and supported deregulation. His stance against regulating the insurance industry, coupled with the fact that he has accepted large campaign contributions from the insurance companies, has led many to wonder whether he is really looking out for Georgia consumers.

Insurance Companies Say Premiums Reflect Increase in Traffic and Accidents

Commissioner Hudgen and the insurance industry argue that rate hikes simply reflect the increasing risk of car accidents on Georgia roadways. There is pretty good evidence to back this claim up. According to the Georgia Office of Highway Safety, the number of auto crashes increased in Georgia for four consecutive years between 2011 and 2015. There were a record 385,221 accidents in 2015 (data for 2016 is not yet available.) Costs per claim are also on the rise.

Robert Hartwig, a risk management expert, told the Atlanta-Journal Constitution “it is certainly not the case that the private passenger auto insurers are earning a rate of return that in some way could be considered excessive or unreasonable.” Whether or not this is the case, the increasing risk of car accidents on Georgia roadways is at least one big reason that rates have been increasing.

Despite Cost, Personal Auto Insurance is Essential for Drivers

Rising insurance rates reflect the growing danger of Georgia roadways. Higher insurance costs also encourage some drivers to go without auto insurance. Uninsured motorists present a big problem for Georgia accident victims.

If you are thinking about driving without insurance to save money, don’t do it. Despite the costs, it is critical to have insurance coverage. Auto insurance is legally required and you can lose your license for driving without insurance. Drivers should also make sure their plan includes uninsured motorist coverage. If you are driving without insurance, it puts you at great risk legally and financially.

For More Information, Contact the Kennesaw Personal Injury Attorneys at Williams Elleby Howard & Easter

The Kennesaw ,Ga personal injury attorneys at Williams Elleby Howard & Easter, are dedicated to helping auto accident victims get the compensation they deserve. If you would like more information about this issue, or if you have been in an accident and would like to discuss your case, contact Williams Elleby Howard & Easter, at 833-LEGALGA today.

Daycare Liability for Harm to Children

daycare liability children negligent

Daycare providers that allow children to be harmed may face civil liability. According a study completed by the Center for American Progress, a large percentage of children under the age of five are enrolled in organized child care.  All parents in Georgia that leave their children under the care of a daycare are entitled to have their children competently and safely cared for. If children are harmed due to the negligence or intentional actions of a daycare or daycare employee, they are entitled to compensation for their harm.

The attorneys at Williams Elleby Howard & Easter, help victims of daycare negligence get the compensation they deserve. If your child has been harmed while in the care of a daycare, call Williams Elleby Howard & Easter, to discuss your case today at 833-LEGALGA.

Types of Claims

Daycares have a duty to provide a safe environment for children, to properly supervise children, to adequately vet employees and others that are allowed onto the premises, and to attend to any immediate needs that children have. A failure of a daycare to do any of these can lead to a claim against them. The main theories of liability that could be applicable in a claim against a daycare include:

• Negligence. Negligence occurs when there is any failure of a daycare to uphold a reasonable standard of care in the operation of the daycare.

• Negligent supervision. The most common type of negligence claim made against a daycare is negligent supervision. When a child is harmed because they were not supervised and some foreseeable accident occurred as a result, a negligent supervision claim can be made.

• Premises liability. Daycare owners have a duty to keep the premise of the daycare safe for children. If a child is harmed because of some defect in the premise of the daycare, a premises liability claim can be made.

• Negligent hiring. A daycare has a duty to thoroughly vet any employees that it hires. If a daycare hires someone that is a danger to children, and the daycare should have known that the person as a danger to children, the daycare is liable for any harm that occurs.

• Child abuse. In some cases, a daycare employee or owner intentionally harms a child. In these cases, it is crucial to hold the daycare accountable and get any victims the full compensation they deserve.

To Discuss Your Case, Contact Williams Elleby Howard & Easter, Today

If your child was injured while in the care of a daycare, it is imperative that you are aware of your legal rights and options. No child should be harmed when they are under the care of a trusted daycare provider. The Kennesaw, GA personal injury attorneys at Williams Elleby Howard & Easter, are dedicated to protecting the rights of children that are victims of daycare negligence or abuse. If you would like more information or would like to discuss your case, call Williams Elleby Howard & Easter, in Kennesaw, GA to schedule a free consultation at 833-LEGALGA today.