Georgia Court of Appeals Recently Discusses the “Family Purpose Doctrine” in Car Accident Case

family purpose doctrine accident

A recent case decided by the Georgia Court of Appeals, Anderson v. Lewis, has helped to further define the application of Georgia’s family purpose doctrine. This case involved a Georgia auto accident. The driver that caused the accident was driving his grandfather’s vehicle at the time. The plaintiff, Teena Anderson, named both the grandson and the vehicle owner, the grandfather, as defendants. Anderson claimed that the latter should be liable according to the family purpose doctrine. 

The Family Purpose Doctrine 

Typically, a person is not liable for the negligence of someone else. But sometimes, as a matter of fairness, it is necessary to look beyond the person directly responsible to see if other parties should be obligated to compensate the victim. This is called vicarious liability. The most common application of vicarious liability occurs when employers are sued for the negligence of their employees. However, vicarious liability can also apply to family members. 

Under Georgia’s family purpose doctrine, “when an owner of a vehicle maintains the vehicle for the use and convenience of his family, that owner may be held liable for the negligence of a family member who was using the vehicle for a family purpose.”  Therefore, when a family member causes an auto accident while driving the family car in service of the family, for instance by getting groceries or giving a family member a ride, the car owner may be liable. The legal basis for the family purpose doctrine comes from Georgia case law, as well as from Georgia’s vicarious liability statute, which states that “every person shall be liable for torts committed by his wife, his child, or his servant by his command or in the prosecution and within the scope of his business, whether the same are committed by negligence or voluntarily.” 

Application of the Doctrine in Anderson 

It was clear that the family purpose doctrine applied in Anderson. The grandson was found to be using the vehicle for a family purpose when the accident occurred. However, the plaintiff was unable to serve the grandson with notice of the lawsuit, and without service of process a party cannot be sued. The claim against the grandson was therefore dismissed. 

After that, the grandfather argued that since the driver was no longer a defendant, the claim against him should also be dismissed. He argued that vicarious liability can only apply when the party that directly caused the accident is found to have been negligent. If the party accused of causing the accident is found not to have been negligent, then there can be no vicarious liability. Georgia law is clear that if there is “a judgment on the merits in favor of the servant” then there cannot be vicarious liability against the master. The trial court agreed with the grandfather’s argument and dismissed Anderson’s claim. Anderson appealed. 

The Appeal Court’s Opinion 

The Court of Appeals of Georgia overturned the trial court decision. Although the claim against the grandson was dismissed, it did not constitute a “judgment on the merits.” There was never any judicial determination that the grandson wasn’t negligent. Therefore, even though the grandson was no longer a party to the lawsuit, the Court of Appeals held that Anderson could still continue on with her lawsuit against the grandfather. This case shows that the family purpose doctrine can apply against a defendant even if the family member directly responsible is not a defendant in the lawsuit. 

Find the Best Georgia Car Accident Attorney for Your Case 

The State of Georgia has many attorneys that handle car accident claims.  Some are very good and others are not.  If you are considering hiring an attorney for your case, you should consider interviewing more than one firm before making your decision. 

If you schedule a free consultation with one of our experienced Georgia personal injury attorneys at Williams Elleby Howard & Easter, we can help you understand whether the family purpose doctrine may apply in your case. Victims of accidents caused by the negligence of someone else deserve to be compensated for their harm. 

Williams Elleby Howard & Easter, is a law firm dedicated to providing knowledgeable, accessible, and effective service to each of its personal injury clients. Our attorneys handle all types of personal injury claims throughout the State of Georgia, including auto accidents, workplace injuries, defective products, premises liability, and malpractice cases. We offer free consultations and accept cases on a contingency fee basis, meaning our clients don’t pay a dime in attorney fees unless and until we win their case. To schedule a case evaluation, call Williams Elleby Howard & Easter, today at 833-LEGALGA.

Georgia’s “Move Over” Law: What You Need to Know

Georgia move over law

Most of us know that when a police car, fire truck, or ambulance is traveling down the road with sirens blaring, the law requires us to slow down, yield the right of way, and move over to the shoulder of the road if possible. Upon the approach of an authorized emergency vehicle or police vehicle that is making use of its siren, all other drivers must:

Yield the right of way and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of the roadway clear of any intersection and shall stop and remain in such position until the authorized emergency vehicle or law enforcement vehicle has passed, except when otherwise directed by a police officer.

However, fewer people understand that they are also required to leave plenty of room when passing by police or emergency vehicles that are parked on the side of the road. This duty is defined by Georgia’s “Move Over” law, which is found in Title 40 Chapter 6 Section 16 of the Official Code of Georgia. A recent report by Atlanta news station CBS 46 found that many drivers were completely unaware that this law even existed. Below is the essential information about Georgia’s Move Over law that every Georgia driver should know.

WHAT THE MOVE OVER LAW SAYS

Georgia’s Move Over law states that when a driver approaches a stationary police, emergency, accident recovery, or Department of Transportation vehicle that is displaying flashing lights, the driver shall approach “with due caution” and unless otherwise directed by a peace officer:

(1) Make a lane change into a lane not adjacent to the authorized emergency vehicle if possible in the existing safety and traffic conditions; or

(2) If a lane change would be impossible, illegal, or unsafe, reduce the speed of the motor vehicle to a reasonable and proper speed for the existing road and traffic conditions, which speed shall be less than the posted speed limit, and be prepared to stop.

Therefore, the first course of action should always be to change lanes. If this can be accomplished safely, a driver need not necessarily slow down as long as they are otherwise driving safely. If changing lanes isn’t possible or would be illegal or unsafe, a driver must slow down to below the posted speed limit.

CONSEQUENCES FOR VIOLATING THE MOVE OVER LAW

The Move Over law is intended to keep roadside emergency crew and law enforcement personnel safe from passing motorists. Accidents, especially those that cause fatalities, are the most serious consequences. According to the Governor’s Office of Highway Safety (GOHS), before the law was passed in 2003, “Georgia road crews, traffic enforcement officers, and other first responders endured needless years of roadside deaths and injuries due to careless errors made by distracted drivers as they sped by police making traffic stops and emergency crews working roadside jobsites.” Although the law has made things much safer, the GOHS has stated that violations are “still far too common.”

The Move Over law authorizes a penalty of up to $500 for violators. However, if an accident occurs, the legal consequences of violating the Move Over law can be much more serious. Additional charges, such as reckless driving, are common in these types of cases, and of course charges could be much more serious if a police officer or emergency crew member is struck. Moreover, in the event that there is a civil lawsuit for damages, a driver violating the law may be presumed negligent. This is referred to as negligence per se, and when this doctrine applies it is much easier for a plaintiff to win a claim against a defendant.

FOR MORE INFORMATION, CONTACT WILLIAMS ELLEBY HOWARD & EASTER, TODAY

Staying safe should always be the number one priority when getting behind the wheel. To this end, all Georgia drivers have a duty to operate their vehicles with reasonable care, which includes adhering to Georgia’s rules of the road. Everyone has a duty to operate their vehicles with reasonable care, but many people make unsafe mistakes simply because they don’t know what their duty is in a given situation. This is why knowing the law is essential to driver safety. When accidents do occur, it is also imperative for all parties involved to be aware of their legal rights and options.

The Kennesaw personal injury attorneys at Williams Elleby Howard & Easter, have deep knowledge of Georgia traffic accident laws. They provide thorough, accessible, and effective service to each of their clients, with the goal of maximizing compensation in each case. Williams Elleby Howard & Easter, offers free case evaluations and accepts cases on a contingency-fee basis. If you would like more information, or if you have been in an accident and would like to discuss your case, contact Williams Elleby Howard & Easter, today by calling 833-LEGALGA.

Falling Objects Causing Injuries at a Work Site—Who’s at Fault?

falling object job injury fault

According to the Federal Department of Labor (DOL), approximately 3 million workers are injured on the job each year, and more than 4,500 are killed. Many of these accidents are caused by falling objects. In fact, the DOL has labeled falling objects as one of construction’s “fatal four” types of accidents. If you or a loved one has been injured by a falling object at a work site, you should be aware of your legal rights and options. Williams Elleby Howard & Easter, is dedicated to getting accident victims the compensation they deserve. To schedule a free case evaluation, call 833-LEGALGA today.

Falling Object Injuries on Work Sites

Whenever work is being done on multiple levels, there is always the risk that debris will fall or objects will be dropped, even when workers are using reasonable care. Severe injuries from falling objects at work sites often can be blamed on the failure of workers to wear a hard hat. Workers should always wear a hard hat when there is even a small possibility of falling objects.

Employers have a duty under OSHA regulations to maintain a safe work site and ensure that workers have the proper protective gear. Workers have a right to request an OSHA safety inspection if they feel conditions are unsafe, and employers are forbidden from retaliating against workers that make such a request.

Ultimately, however, for workers covered by Georgia’s Workers Compensation Law, a determination of fault is ultimately irrelevant in most cases. This is because under this law, workers automatically receive benefits when they are injured on the job, regardless of who is at fault. However, compensation is also limited.

Georgia’s Workers’ Compensation Law

Workers’ compensation functions by providing workers injured on the job with automatic compensation for harm and with benefits if they become disabled. Workers’ compensation insurance also provides benefits to dependents if a worker dies as a result of a job-related injury. The trade off, however, is that workers are prohibited from bringing lawsuits against employers (or co-workers) if they suffer harm in the course and scope of their employment.

Determining whether workers’ compensation applies is often complicated. In the State of Georgia, any employer with three or more employees is required to carry workers’ compensation insurance. When jobs utilize contractors and subcontractors, it is often unclear at first whether a particular worker will be covered by the law. The experienced personal injury attorneys at Williams Elleby Howard & Easter, help worksite accident victims navigate the law so that their rights are protected.

Non-Worker Victims of Harm

Non-workers are not, of course, covered by Georgia’s Workers’ Compensation Law. For instance, if a pedestrian strolling past a construction site is struck by a falling object, they are free to bring a negligence claim against the party or parties responsible. In cases where debris falls from a building, a premises liability claim could be brought as well. Premises liability claims can be brought when property owners are at fault for failing to ensure that their property is free from unreasonable hazards.

Damages in a Personal Injury Suit

Georgia personal injury law is intended to fully compensate victims for their harm. Compensation from a personal injury lawsuit, also called damages, is intended to pay for things like medical expenses, lost wages, and pain and suffering. In cases where a defendant exhibited intentional or reckless conduct, punitive damages may also be possible. However, it must be remembered that personal injury victims covered by the Georgia Workers’ Compensation Law will be strictly limited to the compensation permitted under that law.

For More Information, Contact Williams Elleby Howard & Easter

Worksite accidents can be devastating, particularly when caused by falling objects. Victims need the support of qualified and experienced legal counsel on their side. The experienced personal injury attorneys at Williams Elleby Howard & Easter, work hard to get accident victims the compensation they deserve.

Located in Kennesaw, Georgia, Williams Elleby Howard & Easter, serves clients throughout the State of Georgia. If you or a loved one has suffered an injury at a work site due to a falling object, the attorneys at Williams Elleby Howard & Easter, can help you understand what possible claims you may have and work to get you the compensation you deserve. To schedule a free consultation, call 833-LEGALGA today.

Icy Walkways & Trip and Falls

A curved icy covered walking path.

It has been a cold winter this year. Even in many areas throughout in the South, snow and ice have been very present this historically cold winter. Due to snow and frigid temperatures, Georgia Governor issued a state of emergency on Monday, January 15. “To ensure people’s safety and to allow GDOT to do its job, I urge people to remain home and off the roads,” Governor Deal stated.

Wherever snow and ice are present, not only are roadways more dangerous, but there is also an increased risk of falling. It is important for everyone venturing outside in wintry weather to take steps to stay safe. When falls do occur, it is important for fall victims to be aware of their legal rights and options.

Injury Liability for Falls on Icy Surfaces

Under Georgia’s premises liability law, property owners that invite others onto their property have a duty to “exercise ordinary care in keeping the premises and approaches safe.” Walkways in front of or alongside businesses would be considered approaches of those businesses. Therefore, businesses that are inviting people to come inside have a duty to ensure that the walkway leading to their business is safe to use.

When icy conditions are present, this means that business owners need to take reasonable steps to remove the ice and to warn people about the danger. However, a business is not necessarily liable for every trip and fall that occurs on an icy walkway leading into the business. Businesses do not actually need to remove all ice or ensure that walkways are completely safe. They only need to exercise “ordinary care.” Whether ordinary care has been exercised is a question of fact that depends on the circumstances.

Fall victims should understand that they may not be able to win a claim if a court determines that they assumed the risk. In premises liability cases, this principle is expressed by something known as the “superior knowledge” doctrine. This doctrine holds that a landowner must have had superior knowledge of the dangerous condition in order to be liable. Therefore, if icy conditions were obviously apparent, superior knowledge would not exist, and a business owner may not be liable.

Compensation in Icy Walkway Fall Cases

Plaintiffs that win slip and fall cases can expect to receive compensation for things like medical bills, lost wages, and pain and suffering. In some cases, additional damages may also be possible.

What to Do if You Fall

If you slip and fall on an icy walkway and suffer an injury, it is important to take steps to protect your potential right to compensation. Document the conditions at the time of the accident. Take photos of the walkway with your cell phone if you can. Most importantly, contact an experienced premises liability attorney as soon as possible to investigate your case.

Safety Tips

If you do need to go outside during wintry weather, there are steps you can take to avoid falling. You should take your time, wear shoes with good traction, and if at all possible avoid walkways that look icy. If you can’t avoid walking on an icy walkway, take shorter steps. And if you do fall, try to relax your body and make contact with the ground with your hip and shoulder together to spread out the impact. When people reach out with their arms to break their fall on an icy surface, they often only exacerbate their injury.

For More Information, Contact Williams Elleby Howard & Easter

Williams Elleby Howard & Easter, is dedicated to helping injury victim get the compensation they deserve. If you have suffered a fall on an icy walkway and think you might be entitled to compensation, the experienced personal injury attorneys at Williams Elleby Howard & Easter, can help you understand your case. They work hard to maximize compensation for every client they accept.

Located in Kennesaw, Georgia, Williams Elleby Howard & Easter, serves clients throughout the state. The attorneys at Williams Elleby Howard & Easter, offer free case evaluations and accept cases on a contingency fee basis, meaning clients don’t pay a dime in attorney fees unless and until they’ve won their case. If you would like to discuss your case, call Williams Elleby Howard & Easter, today at 833-LEGALGA.

GA DNR Urges Safety During Firearms Deer Hunting Season

Georgia safety hunting season

It is estimated that nearly 630,000 Georgia residents hunt every year. With firearm hunting season now underway, the Georgia Department of Natural Resources (DNR) is busy reminding hunters to prioritize safety every time they go out to hunt. All hunters in Georgia owe a duty to act with reasonable care to avoid accidentally shooting someone. They also have an obligation to take certain precautions to make sure that they stay safe as well. Below are a few deer hunting safety tips that every hunter should follow.

Hunting Safety Tips

• Wear orange. Hunting without wearing classic hunter orange colored clothing is a risk nobody should take. This clothing is easy to notice, hunters are conditioned to look for it before firing, and it is also required by law for all hunters to wear this color.

• Confirm your target. The most tragic hunting accident occurs when a hunter thinks they are firing at a deer and instead shoot a person. Most hunters assume it would never happen to them, but every year Georgia hunters are shot by fellow hunters. Be absolutely sure before pulling the trigger.

• Avoid hunting alone. Many hunting accidents occur when hunters go out alone. Something as simple as a twisted ankle or fall from a tree stand can create a major problem if a hunter is out all alone. If you do go hunting alone, always communicate your whereabouts to others in case something goes wrong.

• Safely use and properly maintain your tree stand. Hunters often take it for granted that a tree stand will be safe, but this isn’t always the case. Remember to maintain your tree stand, especially if your land is open for others to use. And if you are using a tree stand that isn’t yours or that you aren’t too familiar with, exercise caution. Make sure it is sturdy before you climb up.

Georgia Hunting Laws

Most Georgia deer hunters are aware that they need to follow Georgia’s deer hunting regulations. These include attaining a license, only hunting during deer season, adhering to the season kill limits, and completing a harvest record that notifies the DNR of kills made.

However, there are also several safety laws that deer hunters must adhere to. Youth hunters (those under age 16) may only hunt under adult supervision, and all hunters are required to wear at least 500 square inches of hunter orange colored clothing above the waist.

For More Information, Contact Williams Elleby Howard & Easter, Today

Everyone has a duty to act with reasonable care towards others, and this duty is especially important for hunters. When accidents occur because of negligence, victims are entitled to compensation for their harm. The experienced legal team at Williams Elleby Howard & Easter, works hard to get personal injury victims the compensation they deserve. If you or a loved one has been injured in a hunting accident, it is important to be aware of your legal rights and options. Call Williams Elleby Howard & Easter, to schedule a free consultation today at 833-LEGALGA.

States Push to Keep Highway Inner Lanes Clear for Passing

Georgia slow poke passing

Few things are more aggravating to drivers than slow-moving vehicles clogging up the left lane on a highway. Multiple states have taken steps to prevent drivers from going slow in the left lane, including Georgia. And they’ve done so for good reason. Many studies have shown that driving too slowly is at least as dangerous as speeding, with one finding that slow left-lane drivers are the cause of about 10 percent of all highway accidents.

Georgia “Slow Poke” Law

Georgia passed its version of a “slow poke” law in 2014. Under the Official Code of Georgia Title 40 Chapter 6 Section 184 (1), “No person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic, except when reduced speed is necessary for safe operation.”

Section 184 (2) additionally states that on all four-lane roadways, “no person shall continue to operate a motor vehicle in the most left-hand lane at less than the maximum lawful speed limit once such person knows or should reasonably know that he is being overtaken in such lane from the rear by a motor vehicle traveling at a higher rate of speed, except when such motor vehicle is preparing for a left turn.”
This law was passed with two big objectives in mind: to reduce traffic and to reduce accidents. While it is unclear exactly how effective the law has been in accomplishing those goals, many believe the law has helped make the roadways safer. A spokeswoman for the National Motorists Association told the Atlanta Journal-Constitution, “There’s a natural flow to traffic, which is the safest speed to drive, even if it’s a little faster than the speed limit. Congestion causes road rage and bad driving.”

It is important for drivers to be cognizant of the dangers that driving slower than traffic can have, especially when they are taking up space in the left lane. Drivers ticketed for violating the slow poke law face a fine of up to $1,000 and could gain 3 points on their license. If a driver causes an accident because they are driving too slow in the left-lane, they can also be considered at-fault and be liable for the damage they cause.

If You’ve Been Injured in an Auto Accident, Call Williams Elleby Howard & Easter

If you or a loved one has been in an accident in Georgia, you need qualified and experienced legal representation. It is crucial for injury victims to understand their legal rights and options. The attorneys at Williams Elleby Howard & Easter, are dedicated to getting personal injury auto accident victims the compensation they deserve in Georgia.

Williams Elleby Howard & Easter, is located in Kennesaw, Georgia, and serves clients throughout the State of Georgia. Our attorneys offer free consultations and take cases on a contingency fee basis – that means our clients don’t pay any fees to us unless we obtain a recovery. If you would like to discuss your case, call Williams Elleby Howard & Easter, today at 833-LEGALGA.

MARTA Police Officer Seriously Injured In Car Accident

police officer injured motorcycle accident

On November 17, 2017, a MARTA police officer Emanuel Sabir was seriously injured when he was struck by a van while riding his motorcycle. The officer was off-duty and leading a funeral procession at the time of the accident. The accident occurred on Fairburn Road in northwest Atlanta. The officer was reportedly seriously injured but conscious and alert at the time of the accident. Sabir was taken to Grady Memorial Hospital and was last reported to be in stable condition.

Based on reports, the driver of the van that struck officer Sabir was at least negligent and perhaps reckless in causing the accident. Police say that the van driver ran a stop sign before pulling onto Fairburn Road, and that he appeared to be intoxicated. After the accident, responding police officer Stephanie Brown said the van driver “got into fights with residents in the area and responding officers before he was taken into custody.” The driver of the van was arrested and charged with several traffic offenses, including failing to stop at a stop sign and driving with an open container of alcohol.

Motorcycle Accidents and Georgia Law

Motorcyclists are extremely vulnerable if they get into an accident on the road. In fact, motorcyclists are nearly 30 times more likely to die in an accident when compared to other motor vehicle drivers. This is, of course, true because a motorcyclist is not protected by the body of an automobile, and is instead exposed to the threat of direct trauma if they get into an accident.

Moreover, motorcyclists deal with certain unique risks that make accidents more likely to occur. For instance, drivers will often fail to see motorcyclists because they are not looking out for them, road hazards such as potholes can have an outsized impact on motorcyclists, and at high speeds it can be difficult for motorcyclists to safely make quick turns.

All drivers have a duty to watch out for motorcyclists, to operate their vehicles with care, and to obey traffic rules. Likewise, motorcyclists have a duty to ride carefully and to follow traffic rules. When a driver or motorcyclist fails to operate their vehicle with reasonable care and causes an accident, they are considered negligent and at-fault. In some cases, a motorcyclist and another driver are each party to blame. In Georgia, when more than one party to an accident is at fault, courts will apply the comparative fault doctrine and the parties will share liability according to their degree of fault.

The Importance of Wearing Helmets

Motorcyclists who do not wear helmets are at a much higher risk of sustaining serious and fatal head injuries. In recognition of this danger, federal and state initiatives during the 1990s mandated the use of helmets for motorcyclists in most states, including in Georgia. Under Official Code of Georgia § 40-6-315(a), “No person shall operate or ride upon a motorcycle unless he is wearing protective headgear which complies with standards established by the Board of Public Safety.” According to the World Health Organization, these helmet laws have saved thousands of lives in the United States. States that do not have mandatory helmet laws see much higher rates of serious and fatal motorcycle accidents.

For More Information, Contact Williams Elleby Howard & Easter

If you would like more information about this issue, or if you or a loved one has been in an auto accident and you would like to discuss your case, call Williams Elleby Howard & Easter, today at 833-LEGALGA.

Georgia Works to Prevent Farm Crashes

Georgia farm accident crash law

It was recently reported the Georgia Department of Agriculture and the Governor’s Office of Highway Safety (GOHS) will be working together on an initiative to prevent farm related crashes throughout the State of Georgia. The director of the GOHS, Harris Blackwood, told Albany’s WXFL News, “We’ve had too many crashes where people have injured or killed. That’s the problem. We want to reduce the number of injuries and fatalities on the roads.” The effort – called “Yield Behind the Wheel” – was motivated by the fact that there are hundreds of farm related crashes each year in Georgia, and roughly 10-15 fatalities. Authorities working on the outreach initiative hope to reduce these numbers.
Farmers routinely must use highways and other roads to get farm equipment from one area of a farm to another, or to travel from one farm to another. In most cases, these types of vehicles can only travel 15-25 miles per hour. They also have very poor mobility, and are often wider than even the largest trucks. As a result, it is important for farmers and other drivers to use caution when using roadways at the same time.

Farm Vehicles and Georgia Law

Farmers in Georgia are permitted to operate slow-moving vehicles, such as tractors or combines, on Georgia roadways because it is a necessary part of their jobs. However, this permitted use is limited by several restrictions. Under Title 40 Chapter 8 Section 4 of the Official Code of Georgia, any vehicle that travels slower than 25 miles per hour must have vehicle reflector triangles. Wide vehicles must also have reflectors that mark the edges of the vehicle. According to the GOHS, farmers should avoid using highways during the daytime, and if traveling longer distances should have marked pilot cars in front and behind the farm vehicle.

All other drivers on the road have a duty to watch out for farmers and drive with caution when they see farm equipment or farm vehicles using a roadway. Drivers should remember that farmers have a right to use roadways and should be patient. Too many accidents when drivers attempt to pass slow moving farm equipment without leaving enough room or without properly yielding to traffic in other lanes.

If You or a Loved One Have Been Injured in an Auto Accident, Call Williams Elleby Howard & Easter, Today

The experienced personal injury attorneys at Williams Elleby Howard & Easter, are dedicated to getting accident victims the compensation they deserve. Accident cases involving farm vehicles can be especially complex. If you or a loved one has been injured in a farm related crash, the Williams Elleby Howard & Easter, legal team can help you understand your legal rights and options. Attorney Joel Williams has helped injury victims in Georgia bring personal injury claims for more than 10 years and he works hard to maximize his clients’ compensation in every case. Williams Elleby Howard & Easter, offers free personal injury accident consultations. To discuss your case, call 833-LEGALGA today.

Georgia Slip and Fall Claims

Georgia Kennesaw slip fall claim attorney

Georgia Slip and fall claims are largely governed by Georgia premises liability law. The basic rule of premises liability law is found in the Official Code of Georgia Section § 51-3-1, which states that when landowners invite others onto their property, they must “exercise ordinary care in keeping the premises and approaches safe.”

If you’ve fallen in a store or other business because of an unsafe condition, you may be entitled to compensation. The key to determining whether a property owner is liable for slip and fall harm is whether they failed to “exercise ordinary care” in keeping the premises safe. There are several important factors that must be considered. The basic elements of a slip and fall claim in Georgia are:

1. There must have been a dangerous condition present;
2. The property owner must have negligently failed to remedy the condition and/or failed to warn the victim about it; and
3. The dangerous condition must have caused the harm complained of.

Establishing Property Owner Liability in Slip and Fall Claims

Although the elements of a slip and fall claim are relatively simple, these types of cases can be surprisingly complicated. Businesses will often hotly contest liability, and proving these claims typically involves collecting large amounts of evidence. Eyewitness or video evidence is usually needed to prove that a “dangerous condition” existed. Without proving a dangerous condition existed, a plaintiff cannot successfully win a slip and fall claim.

But it is not enough to simply prove that a dangerous condition existed. Sufficient evidence is also required to prove that the business owner negligently failed to fix or warn about the dangerous condition. This can require collecting evidence showing that the business knew or should have known about the dangerous condition. Georgia courts also follow the “superior knowledge” doctrine, which holds that the business must have had superior knowledge of the dangerous condition compared to the plaintiff. Therefore, even if a business knew or should have known about a dangerous condition, if a plaintiff was actually aware of the danger but ignored the risk, the business may not be liable.

Once a plaintiff can prove that a dangerous condition existed and that a business was negligent, he must then prove that the condition caused his harm. This often requires medical evidence and expert testimony. Finally, it is also a defense against liability if the plaintiff negligently caused their own harm. A plaintiff may not be able to win their claim if they were contributorily negligent.

If You’ve Taken a Fall in a Store, Call Williams Elleby Howard & Easter, Today

If you’ve been injured in a Kennesaw, GA slip and fall accident because of a hazard or unsafe condition, you should contact an experienced personal injury attorney to discuss your case. When businesses fail to clean up hazards, fix dangerous conditions, or warn customers about risks, anyone harmed as a result is entitled to compensation. The experienced personal injury attorneys at Williams Elleby Howard & Easter, have deep knowledge of Georgia premises liability law and are dedicated to maximizing compensation for each of their clients. Contact Williams Elleby Howard & Easter, today to schedule a free consultation by calling 833-LEGALGA.

Bicycle Wrecks

bicycle accident wreck injured

Each year in the United States there are hundreds of thousands of accidents between automobiles and bicycles. Because of their vulnerable position, these accidents often have severe consequences for the cyclists involved. It is crucial for both motorists and cyclists to understand their rights and duties under Georgia law.

If you have been injured in a bicycle wreck and someone else was at fault, you need a qualified and experienced bicycle wreck injury attorney to represent you. Williams Elleby Howard & Easter, is dedicated to getting accident victims the compensation they deserve. To discuss your case, contact Williams Elleby Howard & Easter, to schedule a free case evaluation today online or by calling 833-LEGALGA.

Duties of Motorists and Cyclists to Each Other

Motorists and cyclists each have a duty to act with reasonable care while on the road. Drivers, as well as cyclists, must follow the “rules of the road” outlined by Title 40, Chapter 6 of the Georgia Code. If either a cyclist or motorist violates a traffic law, they can be considered at-fault in an accident. In some cases both parties are at-fault, and the issue becomes determining to what degree each party was at fault.

Specific Laws Applying to Cyclists

There are a few specific laws that apply to cyclists in Georgia. These are found in Chapter 6 Article 13 Part 1. Under O.C.G.A. § 40-6-294, “every person operating a bicycle upon a roadway shall ride as near to the right side of the roadway as practicable, except when turning left or avoiding hazards to safe cycling.” This generally means a cyclist must remain in a bike lane or on the shoulder of the road unless they are turning left; however it is important to note that if there is a “hazard to safe cycling” then cyclists are allowed to move into the main lane of traffic temporarily.
Bicycles must only be used by one person at a time, unless it is designed to carry more than one person. When riding at night, bicycles must have a white light in the front and a red light or reflector on the back. Adults are not required to wear helmets when riding a bicycle; however children under the age of 16 are required to wear a helmet. Cyclists should also remember that riding a bicycle while legally intoxicated is illegal.

If You Have Been in a Bicycle Wreck, Contact Williams Elleby Howard & Easter, to Discuss Your Case Today

Bicycle wreck accidents claims, like other types of personal injury claims, can be complex. It is imperative for victims of harm to have qualified and experienced legal counsel on their side. A Kennesaw, Ga personal injury attorney that understands bicycle wreck cases and is familiar with local courts can ensure that your compensation is maximized.

If you have been involved in a bicycle wreck, the qualified bicycle wreck attorneys at Williams Elleby Howard & Easter, can help you understand your rights and get you the compensation you deserve. If you would like more information, Williams Elleby Howard & Easter, is here to help. Call today to schedule your free consultation at 833-LEGALGA.