Boating Accident Attorneys Kennesaw, GA

boat accident attorney Georgia

When people think of personal injury claims, the first thing that comes to mind is usually auto accidents, however boating accident claims are also frequently filed in Georgia. If you have been injured in a boating accident and someone else is at fault, it is important to have a qualified and experienced boating accident attorney represent you. The attorneys at Williams Elleby Howard & Easter, have developed a deep knowledge of boating accident claims in Georgia.

Kennesaw, GA Personal Injury Attorney Joel Williams and his team have recovered millions of dollars for clients in personal injury cases. Williams Elleby Howard & Easter, offers free case evaluations. If you have been injured in a boating accident because someone else made a mistake, contact Williams Elleby Howard & Easter, to schedule your free consultation online or by calling 833-LEGALGA.

COMMON CAUSES OF BOATING ACCIDENTS IN GEORGIA

• Alcohol. Boating and alcohol do not go well together. Unfortunately, accidents involving alcohol pop up in the news all too often. Under the Georgia Boat Safety Act, “operating any boat, sailboat, personal watercraft, water skis, sailboard or similar device while intoxicated” at over the legal limit of .08 BAC is a crime. If you have been injured because someone else irresponsibly consumed too much alcoholbefore boating, you are entitled to compensation for your harm.

• Negligent or reckless operation of a watercraft. Many accidents occur because the boat operator was going too fast, too close to other watercraft, or wasn’t paying attention to where they were going. In some of these cases, the boat operator simply didn’t know what he or she was doing. While it is understandable to make reasonable mistakes, it is unacceptable for a person to attempt to operate a boat or other watercraft when they lack the knowledge to do so safely.

• Overloading or improper loading. Some accidents occur because a boat was overloaded or improperly loaded. A boat that is overloaded is at risk of capsizing. Overloading or improperly loading a boat constitutes negligent operation in Georgia.

• Watercraft defects. Manufacturing or design defects sometimes cause watercraft to be dangerous to use. If you have been injured because of a defective product, you have a right to bring a products liability claim to attain compensation for your harm.

• Life vests were not worn. Failing to wear a life vest may not cause a boating accident, but it can make the consequences much worse. A government study recently found that operators wearing a life jacket were 80 percent less likely to die in the event of a boating accident.

For More Information, Contact Williams Elleby Howard & Easter

If you have been in a boating accident and would like to discuss your case, contact Williams Elleby Howard & Easter, to schedule a free consultation at 833-LEGALGA today.

Misdiagnoses and Medical Malpractice

medical malpractice attorney misdiagnosis

A recent health study found that medical errors are the third leading cause of death in the United States. Another study found that there are more than 12 million instances of medical misdiagnosis each year. While most Georgia doctors care deeply about their patients and skillfully carry out their jobs, medical errors occur in Georgia every day.

When doctors negligently make a misdiagnosis in Georgia, patients that suffer harm have a right to bring a medical malpractice against them. The experienced medical malpractice attorneys at Williams Elleby Howard & Easter, handle these types of cases throughout the State of Georgia. If you would like to discuss your case, call today to schedule a free consultation at 833-LEGALGA.

Georgia Medical Malpractice Claims

Doctors in Georgia have a duty to exercise a “reasonable degree of care and skill.” This standard of care requires doctors to act with a degree of care and skill that is ordinarily employed by other doctors in Georgia under similar conditions and circumstances. If a doctor fails to meet this standard of care and a patient suffers harm as a result, Georgia law provides that a medical malpractice claim can be made.

Misdiagnosis as the Basis for a Malpractice Claim

Georgia courts have long recognized that a misdiagnosis can be malpractice. Misdiagnosis claims most commonly arise when a doctor fails to uncover or recognize the symptoms of a serious condition. A failure to diagnose a serious progressive disease, like cancer, can be a life-threatening mistake for a doctor to make.

MEDICAL MALPRACTICE ATTORNEYS IN KENNESAW, GA

However, although misdiagnoses can have severe consequences for a patient, not all instances of misdiagnoses are considered malpractice. After all, even the best doctors will sometimes fail to make the correct diagnosis. The question is whether the failure to make the correct diagnosis was a direct result of the doctor’s failure to exercise reasonable care and skill. In other words, a plaintiff in these cases must prove that a doctor exercising reasonable care and skill under the circumstances would not have misdiagnosed the patient’s illness or condition.

Every case is different because the particular conditions and circumstances of each case are relevant to determining whether malpractice occurred. For instance, a failure to diagnose cancer could be malpractice in under some circumstances, but would not be malpractice in others. The patient’s symptoms, health history, and age could all be factors. The staff and resources available to the doctor can also be relevant.

In some cases, a misdiagnosis is the result of faulty testing. Laboratory results, radiology films, or x-rays could have inaccuracies that were not the doctor’s fault. As long as the doctor was reasonable in believing that these test results were accurate, he or she cannot likely be found liable for malpractice. However, it may be possible in these cases to bring a claim against a lab technician, some other healthcare provider, or even an equipment manufacturer if they were negligent in producing the erroneous test results.

Medical malpractice cases can be exceedingly complex and difficult to prove. This is especially true when it comes to misdiagnosis cases. Detailed medical evidence and expert testimony are needed in these cases. Despite the fact that these claims can be difficult to win, victims of harm should still understand their legal rights and options. If you or a loved one has been harmed because a doctor failed to properly diagnose an illness, Williams Elleby Howard & Easter, can help you understand your potential case and work to get you the compensation you deserve.

To Discuss Your Case, Contact Williams Elleby Howard & Easter

Williams Elleby Howard & Easter, is dedicated to helping medical malpractice victims get justice. To schedule a free medical malpractice consultation, call 833-LEGALGA today.

One Dead After 8-Car Accident on I-16 in Twiggs County

victim accident dead attorney

Early on the morning of September 2, 2017, an 8-car accident claimed the life of one person on the eastbound lane of I-16 near exit 18. The Twiggs County Sheriff’s Office reported that six other victims were sent to the hospital. The interstate was shut down for several hours following the crash.

Because driving an automobile is something most of us do every day, it is easy to forget just how dangerous an activity it is. According to the Georgia Governor’s Office of Highway Safety, there are more than 115,000 injuries due to auto accidents each year on Georgia roadways. It is important to remember how dangerous driving can be and remain alert and focused behind the wheel.

As Sergeant Bert Clifton of the Georgia State Patrol stated following the September 2 crash on I-16: “Wear your seat belt, slow down, don’t be distracted, don’t be texting and driving, and give plenty of time to get to where you’re going. Nothing’s worth getting into a crash and not making it to your destination.”

Common Causes of Accidents in Georgia

• Speeding. Traffic can be frustrating, but it is important to be patient when you are driving. Defensive driving is one of the most important thing drivers can do to avoid car accidents. Most of us occasionally go slightly over the speed limit from time to time, but speeding is a terrible habit. Not only does speeding raise the chances of an accident occurring, but if you are speeding it can create a presumption that you were at fault if an accident does occur.

• Fatigued driving. Everyone knows that driving while intoxicated poses a huge risk, but many fail to also understand that driving while fatigued can be dangerous as well. The National Highway Traffic Safety Administration estimates that tens of thousands of accidents are caused by drowsy driving each year.

• Distracted driving. Always stay focused. When people use their cell phones to text, check email, or go online while driving they put themselves and everyone else on the road at risk. Moreover, texting or reading messages from the Internet on a phone while driving is against the law in Georgia.

For More Information, Contact Williams Elleby Howard & Easter

Even when you do everything right, accidents can still happen because of another person’s negligence. Driving is an inherently dangerous activity. If you or a loved one has been injured in an auto accident, it is imperative that you are aware of your legal rights and options. A qualified and experienced auto accident attorney can help you get the compensation you deserve.

The experienced personal injury legal team at Williams Elleby Howard & Easter, is dedicated to helping injury victims and their family members get justice. The Joel Williams car accident legal team has deep knowledge of Georgia auto accident law, Williams Elleby Howard & Easter, is located in Kennesaw, Georgia, and serves clients throughout the state. Don’t hesitate to call today to discuss your case and schedule a complimentary case assessment. Call Williams Elleby Howard & Easter, at 833-LEGALGA to schedule your consultation today.

Georgia Child Booster Seat Laws

booster seat car children law

In 2002, John Creeks resident Jenny Harty was traveling with her husband and two small children when their car was struck by an SUV in rural Georgia. She told the Atlanta Journal-Constitution, “a logging truck ran the stop sign, ignored the rumble strips and hit the tail end of [an oncoming] SUV. And the SUV lost control, hit us and literally shaved off the left side of our van.” Nobody was killed in the accident, but six-year-old Abby Harty was injured and five-year-old Madison Harty needed five surgeries to repair her arm. According to reports, the children’s booster seats “absolutely” saved their lives.

Since that the accident, Jenny Hart has been a staunch advocate for tougher child passenger safety laws in Georgia. She became a car seat technician and has worked with Georgia legislators to get new safety measures passed. Her efforts – and the efforts of like-minded safety advocates – have largely been successful. Georgia used to have somewhat lax child passenger safety laws, but now has laws requiring the use of child seats that are in-line with federal National Highway Traffic Safety Administration standards.

Just like the Georgia law requiring drivers and front seat passengers to wear a seat belt, the law requiring children to be secured in car seats or booster seats is intended to save lives in the event of an auto accident.

Georgia Child Passenger Safety Law

Under Title 40 Chapter 8 Section 76 of the Official Code of Georgia, children under the age of 8 years old are required to sit in a car seat or booster seat. These car or booster seats must be secured in the rear seat, but appropriate for the child’s height and weight, and meet all U.S. federal standards. However, there is an exemption for children under 8 that have a height of over 4’9”.

The precise requirements of the Georgia car seat laws are as follows:

• Children under the age of 4 and under 20 lbs must be in a rear-facing car seat.

• Once a child is over the age of 1 and weighs over 20 lbs, they must be placed in a rear-facing or forward-facing car seat.

• Children aged 4-7 must be placed in a rear or forward facing car seat if they weigh less than 40 lbs.

• Children aged 4-7 that weigh more than 40 lbs must be placed in a forward-facing car seat or a booster seat plus lap and shoulder belt.

The Georgia Office of Highway Safety also recommends that children remain in a booster seat until they are big enough to fit properly in a seat belt.

For More Information, Contact Williams Elleby Howard & Easter

The experienced personal injury attorneys at Williams Elleby Howard & Easter, are dedicated to helping auto accident victims get the compensation they deserve. Williams Elleby Howard & Easter, is located in Kennesaw, Georgia, and serves clients throughout the State of Georgia. If you would like more information about Georgia’s child safety passenger laws or if you have been in an accident and would like to discuss your case, contact Williams Elleby Howard & Easter, at 833-LEGALGA to schedule a free personal injury consultation today.

Local Lawmaker Wants to Alter Distracted Driving Law in Wake of Police Stings

distracted driving accident law attorney

In an effort to reduce traffic accidents, Georgia legislators passed a law cracking down on distracted driving in 2010. Under the law, it is illegal to “write, send, or read any text based communication, including but not limited to a text message, instant message, e-mail, or Internet data” while operating a motor vehicle on a public Georgia roadway. Officers have already given thousands of citations to drivers that were on their cell phones in various sting operations across the state.

While the law can no doubt help make Georgia roadways safer, some feel it goes too far. In particular, the prohibition on texting applies to anyone operating a motor vehicle rather than to anyone driving a motor vehicle. This distinction becomes significant when a person is in the driver’s seat of a running car that is stopped or parked. As written, the law permits officers to cite drivers that text when they are stopped at traffic lights, and possibly even while they are completely parked on the side of the road, because the drivers would still be “operating” the vehicle.

Proposed Legislation Could Limit the Prohibition Against Texting to Only Apply When Vehicles are Moving

It has been reported that lawmaker John Pezold (R) has a plan to introduce legislation that would limit the anti-texting law to apply only when a vehicle is moving. After all, if a vehicle is not moving, what does it matter if a driver is distracted? They could fail to accelerate right away when a light turns green, which could be a traffic annoyance, but that isn’t likely to be a major safety concern.

But there are some staunch opponents to Pezold’s proposal. They argue that even when a vehicle is stopped, it is important for drivers to maintain awareness of their surroundings. Moreover, that the distraction presented by texting or emailing lasts far longer than the mere moment that a person spends reading or typing out their message. There are some studies that back this idea up, with one 2015 study concluding that “texting at the light may decrease so-called ‘situational awareness’ and lead to driving errors even after the device is put down.”

Lawmakers will have to carefully weigh the risks and benefits of permitting drivers to text, email, and use the Internet while they are stopped at lights or in traffic. While it is a convenient freedom to have – and while it is certainly a safer practice than doing those things while on the move – there are still risks that need to be considered.

Regardless of how the law evolves, Georgia drivers should always try to pay attention when behind the wheel and avoid distractions whenever possible. And, unless and until the law changes, Georgia drivers should remember that it is illegal to text, email, or use the Internet on their phones even when they are stopped at a light.

For More Information, Contact Williams Elleby Howard & Easter

The Williams Elleby Howard & Easter personal injury legal team encourages all Georgia drivers to be cautious and attentive when behind the wheel. When accidents do occur, Williams Elleby Howard & Easter, helps traffic accident victims throughout the State of Georgia get the compensation they deserve. If you would like more information about this issue or would like to discuss your case, contact Williams Elleby Howard & Easter, at 833-LEGALGA today.

Two Dead in Meadview Crash

safe driving tips crash

KILLED IN CAR CRASH WHILE ON ROAD TRIP

On August 30th, 2017, a Georgia couple was tragically killed in a car crash while on a trip in Arizona. The couple was Karen and Charles Foxworth of Conyers, Georgia. According to a spokesperson from the local Mohave County Sheriff’s Office, the couple was traveling in the eastbound lane when the driver, Karen Foxworth, lost control going around a curve and entered the westbound lane, colliding head-on with a semi-tractor.

Sadly, Mr. and Mrs. Foxworth both died at the scene of the accident. The couple’s two adult children were also in the car at the time. They survived thanks to assistance from off-duty medical personnel and were taken to a Las Vegas hospital for treatment. The cause of the accident is currently under investigation.

SAFE DRIVING TIPS

Driving can be a dangerous activity, even when drivers do everything right. But tragedies like this recent car crash are often preventable. Here are some things to always keep in mind when you get behind the wheel:

• Practice patience. Traffic and poor drivers can be frustrating, but it is important to be patient when you are driving. Defensive driving is one of the most important thing drivers can do to avoid auto accidents.

• Don’t speed. Most of us go a couple miles-per-hour over the speed limit from time to time, but speeding is a terrible habit. Not only does speeding raise the chances of an accident occurring, but if you are speeding it can create a presumption that you were at fault if an accident does occur.

• Avoid driving when fatigued. Everyone knows that driving while intoxicated poses a huge risk, but many fail to also understand that driving while fatigued can be dangerous as well. The National Highway Traffic Safety Administration estimates that tens of thousands of accidents are caused by drowsy driving each year.

• Always pay attention. Because driving is part of our daily lives, it can be easy to forget that it is a life-and-death activity. Always stay focused. When people use their cell phones to text, check email, or go online while driving, they put themselves and everyone else on the road at risk. Moreover, texting or reading messages from the Internet on a phone while driving is against the law in Georgia.

• Watch blind spots. Always check and double-check your blind spots before changing lanes.

• Wear a seat belt. According to the CDC, Seat belts reduce serious crash-related injuries and deaths by about half. Seat belt use is also required by law for adults in the front seat in Georgia.

For More Information, Contact Williams Elleby Howard & Easter

The Kennesaw, GA Car Accident Attorneys at Williams Elleby Howard & Easter, are dedicated to helping accident victims get the compensation they deserve. If you or a loved one has been in an accident, the experienced personal injury attorneys at Williams Elleby Howard & Easter, can investigate the facts of your case, help you understand your legal rights and options, negotiate with any opposing party, and work to maximize your recovery. To discuss your case, call today to schedule a free consultation at 833-LEGALGA.

Georgia Assumption of Risk Doctrine

fault assumption risk liable Georgia

Under the classic assumption of risk doctrine, a defendant is not liable for harm caused if the plaintiff voluntarily and knowingly assumed the risk. Georgia courts have long accepted the doctrine of assumption of risk. Assumption of risk is an affirmative defense to liability, although Georgia courts will sometimes integrate assumption of risk into a comparative fault analysis.

The Court of Appeals of Georgia has held that a defendant may successfully assert assumption of risk as a defense when defendant shows that the plaintiff:

1. Had actual knowledge of the danger in question;
2. Understood and appreciated the risks associated with such danger; and
3. Voluntarily exposed himself or herself to those risks.

Examples of Assumption of Risk Being Applied in Georgia Courts

Georgia courts have accepted assumption of risk defenses in many types of personal injury cases, including premises liability and product liability cases. The cases highlighted below show how Georgia courts apply doctrine in different types of cases.

Teems v. Bates, 684 S.E.2d 662 (2009)

In this case, teenager Janna Teems was injured after falling off of the top of a car driven by her friend, Matthew Bates. Teems wanted to ride on top of the car for fun as Bates drove around in a parking lot, but Bates drove faster than Teems expected (10-15 mph) and fell from the car. She was seriously injured and required weeks of hospitalization.

Teems sued Bates for negligence, but the trial court found that Teems assumed the risk of harm and ruled in favor of Bates. The appeals court affirmed this decision, finding that:

“When a person knowingly and voluntarily takes a risk of physical injury the danger of which is so obvious that the act of taking such risk in and of itself amounts to a failure to exercise ordinary care for one’s own safety, that person cannot hold another liable for injuries proximately caused by such action even though the injuries may be in part attributable to the negligence of the other person.”

This case shows that when a plaintiff assumes a major risk, the assumption of risk doctrine will apply even when the defendant’s conduct was clearly negligent.

Landings Association, Inc. v. Williams, 728 S.E.2d 577 (2012)

This case shows how assumption of risk is applied in premises liability cases. In this case, 83-year-old Gwyneth Williams was killed by an alligator as she walked on a pathway along a man-made lagoon. Her family brought suit against the property owners. However, it was well-known in that area that alligators lived in the waters of the property. Moreover, the property owners warned residents in the area about the presence of the alligators. The Georgia Supreme Court found that although the property owners had a duty to keep the premise reasonably safe, that in this case Williams assumed the risk that an alligator could harm her.

Wilson v. Bicycle South, 915 F.2d 1503 (1990)

This product liability case was decided in the US Court of Appeals for the 11th Circuit, which is located in Atlanta. Although the case was decided in a federal court, Georgia state law was applied. The court determined that if a plaintiff voluntarily decides to use a product, despite knowing about a product’s defect and being aware of the danger the defect presents, they cannot recover in a product liability claim if the product harms them because they assumed the risk.

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

The attorneys at Williams Elleby Howard & Easter, are dedicated to helping personal injury victims with all types of personal injury claims, including auto accidents, “slip and fall,” premises liability, and product liability claims. If you would like more information or would like to discuss your case, call Williams Elleby Howard & Easter, today to schedule a free consultation at 833-LEGALGA.

Georgia Construction Site Accidents

construction accident injured safe

Accidents happen every day at construction sites in Georgia. Approximately 3 million workers are injured on the job each year, and more than 4,500 are killed. Construction sites can be dangerous when proper safety rules are not followed. Heavy machinery, scaffolding, electrical wiring, and hazardous materials are just some of the dangers present at construction sites. There are also often multiple contractors doing work at the same time, which can create perilous communication issues.

Those in charge of a construction site have a duty to keep things reasonably safe for workers and others that are expected to come onto the premises. If a contractor in charge of construction fails to keep things safe and a person venturing onto the construction site is injured, the victim may be entitled to compensation. Most workers, meanwhile, are entitled to compensation through the Georgia Workers’ Compensation insurance program regardless of the cause of the accident. However, some employees, including many independent contractors, are not covered by workers’ compensation.

If you’ve been injured while on a construction site, the experienced Kennesaw, GA personal injury legal team at Williams Elleby Howard & Easter, can help you understand your legal rights and options. To discuss your case, call today at 833-LEGALGA.

OSHA Regulations

The United States Occupational Safety and Health Administration (OSHA) has promulgated regulations intended to keep workplaces safe. All public sector and most private sector employers are required to comply with OSHA regulations. Construction workers that feel conditions at their job site are unsafe have a right to request an OSHA safety inspection. Employers are forbidden from retaliating against a worker that makes a safety complaint.

Common Causes of Construction Jobsite Injuries

According to OSHA statistics, accidents are most frequently caused by these types of safety standard violations:

1. Fall protection
2. Hazard communication
3. Scaffolding
4. Respiratory protection
5. Control of hazardous energy
6. Powered industrial trucks
7. Ladders
8. Machinery and Machine Guarding
9. Electrical, wiring methods, components and equipment
10. Electrical systems design

The so-called “fatal four” leading causes of fatal construction site accidents in 2015 were:

• Falls — 364 (38.8% of all deaths)
• Struck by Object – 90 (9.6%)
• Electrocutions – 81 (8.6%)
• Caught-in/between – 67 (7.2%)

Call Williams Elleby Howard & Easter Today to Discuss Your Case

If you have been injured on a construction site, it is important for you to understand your legal rights. Every case is different, but it is likely that you are entitled to compensation. Construction site injury cases often raise complicated legal issues. Williams Elleby Howard & Easter, can help. The attorneys at Williams Elleby Howard & Easter can investigate the facts of your case, explain your legal rights and options to you, and work to get you the compensation you deserve.

Kennesaw Personal Injury Attorney Joel Williams, has consistently been recognized as one of the best trial lawyers in Georgia, and the entire legal team at Williams Elleby Howard & Easter, is dedicated to thoroughly and effectively representing personal injury clients throughout Georgia. If you would like to discuss your case, call Williams Elleby Howard & Easter, for a free consultation today at 833-LEGALGA.

Why You Should Hire an Experienced Georgia Personal Injury Attorney

experienced personal injury attorney

If you have been injured due to the negligent or otherwise wrongful conduct of someone else, you deserve compensation for your harm. It is imperative that you are aware of your legal rights and options. If someone else is at fault, you can likely bring a personal injury lawsuit, which is a type of tort claim. Georgia law is intended to “fully and completely compensate the injured party.”

Proving that another party is liable can be difficult in some cases. Even when another party admits liability, the appropriate damages can be a hotly contested issue. Extensive and often complex evidence must be presented in most personal injury cases, and procedural rules must be followed anytime a lawsuit is filed. For all of these reasons, the assistance of an experienced personal injury attorney is crucially important whenever a personal injury victim seeks fair compensation.

The experienced Georgia personal injury attorneys at Williams Elleby Howard & Easter, are dedicated to attaining justice for accident victims and getting them the compensation they deserve. Williams Elleby Howard & Easter is located in Kennesaw, Georgia, and serves clients throughout the state.

After a free consultation, if the firm agrees to represent you, the firm’s attorneys and paralegals can handle all aspects of your Georgia personal injury case, including:

1. Explaining Your Legal Options to You
Every case is different. The Kennesaw, GA personal injury attorneys at Williams Elleby Howard & Easter, take time to give each case the individualized attention it deserves and help each client understand what rights and options they have.

2. Developing You Legal Argument
A personal injury claim must make the proper legal allegations and there must be a legal basis for all damages claimed. Unfortunately, many plaintiffs that deserve compensation file improper pleadings or neglect to make an adequate legal argument for compensation. The personal injury attorneys at Williams Elleby Howard & Easter, can make sure your claim is legally proper.

3. Collecting All Necessary Evidence
Gathering and then presenting all necessary evidence in a personal injury case is often a complicated and exhaustive process. There are also special rules for how evidence is to be admitted in Georgia courts. The Williams Elleby Howard & Easter legal team can figure out what evidence you need to prove your claim and damages, and ensure that it is properly admitted in court on your behalf.

4. Negotiating With Opposing Parties
Most personal injury cases settle before going to trial. Therefore, effective negotiating is often the key to getting fair personal injury compensation. Sophisticated defendants will often try to take advantage of plaintiffs that don’t fully understand the law. The attorneys at Williams Elleby Howard & Easter can effectively negotiate with the opposing party or their insurance company and make sure you aren’t taken advantage of.

5. Maximizing Your Compensation
Personal injury attorney Joel Williams and the other accident injury attorneys at Williams Elleby Howard & Easter have extensive experience handling personal injury cases. They know the levels of compensation that are fair for different types of injuries and can ensure that you don’t settle for less than you deserve.

To Discuss Your Case, Contact Williams Elleby Howard & Easter, Today
If you would like to discuss your case, call Williams Elleby Howard & Easter to schedule a free consultation today at 833-LEGALGA.

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.