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.

TOMY Recalls Munching Max Chipmunk Toys Due to Laceration Hazard

product recall children injured

On July 13, 2017, the TOMY toy company recalled nearly 10,000 “Lamaze Munching Max chipmunk stuffed toys.” According to the Consumer Product Safety Commission (CPSC), “Parts inside the toy can break creating a sharp point that can penetrate the surface of the toy, posing a laceration hazard.” There has been at least one child harmed by the toy so far. The recall number is 17-188, and more information about the recall can be found on the CPSC website here.

The CPSC reports that there are more than 250,000 toy related injuries to children each year treated in hospital emergency rooms. That’s roughly 700 every day. Manufacturers of toys and other children’s products have a duty to prevent their products from causing harm. This duty means that manufacturers must produce products that are safe for children to use, and that consumers must be warned about any potential hazards that a product presents. When manufacturers breach this duty, victims of harm can bring a product liability claim.

Heightened Standard of Care for Producing Children’s Products

If a person misuses a product, especially in an unforeseeable way, a manufacturer will not typically be liable. Under Georgia law, manufacturers must produce products that are “reasonably suited to the use intended.” When a person uses a product in a way that was not intended or expected, that misuse can usually provide a complete defense to a product liability claim.

However, Georgia courts also recognize that young children cannot be held to the same standard as adults. Young children lack the same level of judgment that adults are expected to have. For this reason, manufacturers of children’s products are expected to foresee that children will do all sorts of things with their products that were not intended. Therefore, manufacturers of children’s products have a duty to design and sell products that will be safe even when children misuse them.

Common Dangers Posed by Children’s Products

Parents should be aware of the common dangers that children’s toys and products pose and keep their children safe from them.

According statistics compiled by the CPCS, the most common dangers that children’s toys pose are:

• Choking or swallowing hazards from small detachable pieces, internal pieces such as magnets or speakers, or from plastic outer layers that can be easily removed from the toys.

• Straps or strings that can strangle young children.

• Balloons or plastic films that can cause suffocation.

• Lids on toy chests or other types of chests that can fall and trap, injure or kill kids.

• Electric shock from electric or battery powered toys.

For More Information, Contact the Products Liability Attorneys at Williams Elleby Howard & Easter

Georgia parents are entitled to buy toys for their children that are safe to use and free from defects. It is inexcusable for companies to sell dangerous products that harm Georgia children. The Kennesaw, GA personal injury attorneys at Williams Elleby Howard & Easter, are dedicated to getting victims of defective products the compensation they deserve. If your child has been injured by a defective product, call Williams Elleby Howard & Easter, to schedule a free consultation at 833-LEGALGA.

Fiat Chrysler Recalls 1.33 Million Vehicles Over Fire, Air Bag Risks

fiat chrysler recall injured

The auto maker Fiat Chrysler has recently recalled a total of 1.33 million vehicles due to two separate issues. Nearly 600,000 Dodge Journey vehicles (2011-2015 models) were recalled because of faulty wiring that “could chafe against pieces of steering-wheel trim, potentially causing a short-circuit and ultimately leading to an inadvertent air bag deployment.” The company also recalled another nearly 600,000 vehicles because the alternators posed a fire risk. The vehicles with faulty alternators include 2011-2014 Chrysler 300s, Dodge Chargers, Dodge Challengers, and Dodge Durango SUVs, as well as 2012-2014 Jeep Grand Cherokees.

This recall comes just two months after Fiat Chrysler was forced to recall 1.2 million Ram pickups over seat belt and airbag malfunctions (the 2013-16 Ram 1500 and 2014-16 Ram 3500 models were recalled). In that recall, the New York Times reported that an internal investigation by Fiat Chrysler revealed that “a significant impact to the underside of Ram pickups could cause the computer systems to generate error codes that temporarily disable the safety equipment.” In other words, the safety mechanisms could fail during a car accident, when they are needed most.

Defective Products Cause Millions of Injuries Each Year

The problems at Fiat Chrysler are nothing unique. According to the United States Consumer Product Safety Commission, there were an estimated 38,573,000 injuries requiring medical attention that were related to a consumer product. Of these, there were approximately 36,000 deaths. Manufacturers of any products sold in Georgia have a duty to ensure that those products are safe to use. When consumers in Georgia suffer an injury due to a defective product, they can bring a product liability claim against the manufacturer or distributor.

Experienced Product Liability Attorneys Get Justice for Victims

When companies put dangerous products on the market and cause Georgia consumers harm, they should be held accountable. The experienced Kennesaw, GA product liability attorneys at Williams Elleby Howard & Easter, know how to investigate these types of cases, identify the best possible legal arguments to be made, and gather all necessary evidence to make sure that product liability claims are successful.
It is also important that victims get the compensation they deserve. Damages in a product liability claim can include compensation for medical bills, lost wages, and pain and suffering.

In cases where a company was grossly negligent or intentionally permitted a dangerous product to be sold, punitive damages may also be awarded. However, under Georgia law, when punitive damages are awarded in a product liability case, 75 percent of those proceeds are paid to the State of Georgia.

Contact Williams Elleby Howard & Easter, to Discuss Your Case

If you or a loved one has been injured because of a defective product, it is crucial that you understand your rights. The personal injury attorneys at Williams Elleby Howard & Easter, can help you understand if you have a valid claim, and if so can work to ensure that you get the compensation you deserve. Located in Kennesaw, Georgia, Williams Elleby Howard & Easter, serves clients throughout the state.

Georgia Supreme Court Clarifies Pre-Suit Offer Requirements

settle offer suit

In the recent Georgia Supreme Court case of Grange Mutual Casualty Company v. Woodard, the court determined that pre-suit settlement offers in motor vehicle accident cases can include terms that go beyond simply stipulating the dollar amount and a date that the offer must be accepted. The decision analyzed Georgia’s pre-suit offer law, found in O.C.G.A. § 9-11-67.1.

The holding affirms that personal injury victims have the freedom to add conditions to pre-suit settlement offers, including prompt-payment stipulations. O.C.G.A. § 9-11-67.1

This law states that:

“Prior to the filing of a civil action, any offer to settle a tort claim for personal injury, bodily injury, or death arising from the use of a motor vehicle and prepared by or with the assistance of an attorney on behalf of a claimant or claimants shall be in writing and contain the following material terms:

(1) The time period within which such offer must be accepted, which shall be not less than 30 days from receipt of the offer;
(2) Amount of monetary payment;
(3) The party or parties the claimant or claimants will release if such offer is accepted;
(4) The type of release, if any, the claimant or claimants will provide to each releasee; and
(5) The claims to be released.”

Subsection (b) of the law states “The recipients of an offer to settle made under this Code section may accept the same by providing written acceptance of the material terms outlined in subsection (a) of this Code section in their entirety.”

Subsection (c) of the law additionally states that “Nothing in this Code section is intended to prohibit parties from reaching a settlement agreement in a manner and under terms otherwise agreeable to the parties”

Subsection (g) states that “Nothing in this Code section shall prohibit a party making an offer to settle from requiring payment within a specified period; provided, however, that such period shall be not less than ten days after the written acceptance of the offer to settle.”

The Facts and Holding of Grange

This case stemmed from a fatal car accident that occurred in 2014. The plaintiff, Boris Woodard, was driving in a car with his daughter when they collided with the defendant. Boris Woodard was injured and his daughter was killed. Woodard made a pre-suit offer to settle his personal injury and wrongful death claim pursuant to O.C.G.A. § 9-11-67.1. The settlement offer included a condition that, if the defendant accepted the offer, they must deliver payment within 10 days.

The defendant accepted the settlement, but because of an addressing error did not deliver the payment within 10 days. When the payment didn’t arrive in time, Woodard’s attorney retracted the pre-suit settlement offer. But the defendant claimed that Woodard couldn’t retract the offer, because the settlement agreement was already reached. What’s more, the defendant claimed that the condition requiring payment within 10 days was not even permitted under O.C.G.A. § 9-11-67.1, because according to subsection (b), only the “material terms outlined in subsection (a)” needed to be accepted to create a binding agreement.

The Court rejected the arguments made by the defendant and held that pre-suit settlement agreements can have terms beyond those stipulated by O.C.G.A. § 9-11-67.1. Although the Court’s determination does appear to somewhat contradict the plain language of subsection (b), it was completely consistent with the language of subsections (c) and (g). When statutes are ambiguously written, it is up to courts to interpret them in a way that upholds the legislature’s intent. Here, because subsections (c) and (g) clearly support the notion that claimants should be able to add conditions to pre-suit offers, the Court made a sound interpretation.

For More Information, or to Discuss Your Case, Contact Williams Elleby Howard & Easter

The experienced Georgia personal injury attorneys at Williams Elleby Howard & Easter, work hard to maximize settlements on behalf of each of their clients. When a fair settlement can’t be reached, Joel Williams and his team of attorneys vigorously represent clients in court. If you have been injured due to someone else’s wrongful conduct, call Williams Elleby Howard & Easter, to schedule a free consultation at 833-LEGALGA today.

The Mediation Process

mediation process personal injury

Mediation is a form of alternative dispute resolution whereby a neutral third party facilitates an agreement between the parties. It is a shorter and cheaper way to settle a dispute than litigation, and has the benefit of giving the parties full control of the outcome. It does, however, require parties to compromise. Unlike civil litigation, mediation is not an adversarial process; rather, the focus is on compromise. Mediation is a viable option in personal injury cases in Georgia.

Deciding if Mediation is Right for Your Personal Injury Case

The biggest reason to choose mediation is that it avoids expensive and lengthy litigation. The cost of court fees, expert witnesses, and other litigation costs can be significant. And, the expense of litigation is generally not compensable as a part of the damages in a case unless “the defendant has acted in bad faith, has been stubbornly litigious, or has caused the plaintiff unnecessary trouble and expense.”

Mediation is also attractive because trials can be unpredictable. Mediation takes away the uncertainty of a jury or bench trial and lets the parties control the outcome. They can also take into account nuances and subtleties in the facts and the parties’ interests that would be lost at trial.

Finally, mediation is relatively risk-free. When a personal injury victim has an excellent case, they can always reject any settlement offers made during mediation and continue on towards trial instead. If you have been injured due to the wrongful actions of another, the attorneys at Williams Elleby Howard & Easter, can help you understand whether mediation is a good option for you.

Choosing When to Mediate

When the facts of a case are clear, it may be the case that both parties will be willing to mediate a claim right away. But in many personal injury cases, it isn’t clear whether mediation is the right choice until after the discovery phase has occurred and all of the relevant evidence is uncovered. At this point, each party has a good idea of how the case is likely to go, and they are thus in a better position to decide whether they want to take the risk of trial.

When a personal injury victim has a solid case, they will often choose to wait until after the summary judgment stage before agreeing to mediation, because after a claim survives this stage the final settlement value of the case will rise. Conversely, if the plaintiff’s claim is more questionable, a plaintiff may be eager to reach a settlement before reaching the summary judgment stage. Ultimately, an experienced personal injury attorney can determine when during the process mediation would be appropriate.

Choosing a Mediator

When parties agree to mediate, they are free to agree to any trusted third party they would like to act as their mediator. A personal injury mediator should be a practicing or retired attorney that understands Georgia tort law. The Georgia Commission on Dispute Resolution can help parties find a mediator. There are also private mediation firms with many excellent mediators. Three of the most popular in Georgia are Henning Mediation & Arbitration Service Inc. (https://www.henningmediation.com), Bay Mediation & Arbitration Services (https://www.bayadr.com), and Miles Mediation & Arbitration Services (https://milesmediation.com) . In other cases, the parties can request that the judge appoint a mediator.

Presenting Position Papers

The first step in mediation is to present the other side with a summary of your claim in the form of a position paper. This can also be a formal settlement demand. The mediator should also be given a copy of this document. A plaintiff’s position paper will address the merits of the claim and state the damages that are being demanded. A defendant may also have a position paper prepared.

Negotiating in a Joint-Session

After position papers have been presented and read, each side will explain their case. The purpose of this joint-session meeting is to make sure that each side fully understands the perspective and legal arguments of the other side. The mediator will objectively explain to both parties the likely outcome of a trial.

Holding Private Meetings as Needed

Following the initial joint-session meeting, the mediator will privately discuss with each side the strengths and weaknesses of their case. Any information learned by the mediator in these private sessions should remain confidential. The mediator will go back and forth as needed, acting as an intermediary to broker a compromise between the parties.

Reaching an Agreement

When the mediator feels that the parties are close to reaching a final agreement, the parties will come together again to discuss and then sign a settlement agreement. Most mediations can be completed in a few hours and take place in a single day.

If You Think You May Have a Personal Injury Claim, Contact Williams Elleby Howard & Easter, to Discuss Your Case

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

Georgia’s Family Purpose Doctrine

Georgia family purpose doctrine

Generally a person cannot be held liable for the wrongful conduct of someone else. We all have a duty to act with reasonable care towards others, but typically have no duty to make sure others also act with reasonable care. Nonetheless, as a matter of fairness, in some cases injury victims are allowed to sue third parties that did not directly cause the harm. Liability of third parties is called vicarious liability. The most common form of vicarious liability is respondeat superior, which occurs when an employer is liable for the acts of an employee.

However, in Georgia, family members can also be vicariously liable under the Family Purpose Doctrine. Under Georgia law, family members can be held vicariously liable for the actions of other family members that are being carried out to serve a “family purpose.” This is known as the Georgia family purpose doctrine and often results in additional insurance being available to cover your injuries. If you have been injured in a car accident, an experienced Georgia personal injury attorney can help you understand whether the family purpose doctrine may apply in your case and whether you may be entitled to compensation.

VICARIOUS LIABILITY UNDER GEORGIA’S FAMILY PURPOSE DOCTRINE

The family purpose doctrine is established by Georgia case law, as well as Georgia’s vicarious liability statute, O.C.G.A. § 51-2-2, 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.”

Vicarious liability under the family purpose doctrine is most often found when a family member is involved in an auto accident while driving the family car on behalf of the family. The Court of Appeals of Georgia has defined family purpose liability in this context by holding that if the defendant actually owns and keeps the vehicle as a family car, he or she may be held liable for any damages caused by another family member operating or using the vehicle for “a family purpose.”

A distinct but related claim that can be made in these types of cases is negligent entrustment. In the words of the Georgia Supreme Court, “Liability for negligent entrustment is predicated upon a negligent act of the owner in lending his automobile to another to drive, with actual knowledge that the driver is incompetent or habitually reckless.” In some cases, a negligent entrustment claim can be brought alongside a vicarious liability claim.

CONTACT THE ACCIDENT INJURY ATTORNEYS AT Williams Elleby Howard & Easter, FOR MORE INFORMATION

If you have been involved in a car accident, it is crucial that you be aware of your rights and legal options. All possible defendants should be considered. The experienced personal injury attorneys at Williams Elleby Howard & Easter, can investigate you case to determine if vicarious liability applies. Williams Elleby Howard & Easter, has recovered millions of dollars on behalf of its Georgia clients.

Williams Elleby Howard & Easter, serves clients throughout the state of Georgia. If you would like to discuss your case, contact Williams Elleby Howard & Easter, at 833-LEGALGA today.

Georgia Dog Bite Attorney

dog bite victim

Man’s Best Friend

Dogs can be loyal and loving members of the family. However, despite being a “man’s best friend,” dogs also bite millions of Americans each year. According to the CDC, roughly 4.5 million dog bites occur each year in the United States. Dog bites can cause serious injuries and even death. When dangerous or vicious dogs cause harm, or when dog owners negligently permit dogs to attack others, dog bite victims are entitled to compensation for their harm.
However, whether a dog bite claim will be successful depends on a number of factors. If you have suffered an injury as a result of a dog bite, it is important to understand the law and to be aware of your rights.


Georgia Law


Georgia has a statute governing injuries caused by animals, including dogs, found in O.C.G.A. § 51-2-7. According to this law, a negligent owner of a violent dog that causes harm unprovoked could be held liable for damages. There are thus four elements dog bite plaintiffs must prove to win their claim:


1. Vicious propensity. A dog that has a history of aggressive behavior towards people, or has been involved in past incidences of biting, can probably be considered “vicious or dangerous” under the statute. This element is automatically met if a dog was required by law to be at heel or leashed and was instead running free.


2. Careless management or allowing dog to go at liberty. Letting a dog off-leash in public or otherwise allowing it to roam free around others could meet this element. If a dog is on its owner’s property, careless management could occur if an owner knows the dog is aggressive to guests yet fails to contain or control it.


3. Unprovoked. To meet this element, a dog bite victim must not have provoked the dog into attacking. Unlike other types of torts, the doctrine of comparative negligence will not apply in this circumstance. If a person provokes a dog into attacking by antagonizing it, a dog bite claim will be completely defeated.


4. Causing injury. As with any personal injury claim, a dog bit victim must carefully prove that any injuries sustained were caused by the dog bite.


The Statute of Limitations for Bringing Dog Bite Claims


Under the Georgia Statute of Limitations for personal injury claims, an injury victim must take action within two years of the injury. The two-year period begins the moment that the victim knows that they have been injured by a dog bite. In certain circumstances this two-year period can be “tolled” or delayed, for instance when a victim is unable to bring a lawsuit because of their injury or because the defendant prevented them from doing so.


Contact Williams Elleby Howard & Easter Today for More Information


The personal injury attorneys at Williams Elleby Howard & Easter, are dedicated to vigorously representing personal injury throughout Georgia. If you have been bitten by a dog, Williams Elleby Howard & Easter, can help you understand your rights and get you the compensation you deserve. Call Williams Elleby Howard & Easter, to schedule a consultation today at 833-LEGALGA.

Bringing Georgia Personal Injury Claims Against Out-of-State Defendants

personal injury claim jurisdiction

A personal injury claim can only be brought in a state that has personal jurisdiction over the defendant. If the accident occurred in Georgia, then Georgia will automatically have personal jurisdiction over the defendant.

If the accident occurred in another state, a claim will most likely need to be filed in that other state or in the state where the defendant resides. If you have been in accident with an out-of-state motorist, you should speak with an experienced personal injury attorney to fully understand your rights and options.

What is Personal Jurisdiction?

Personal jurisdiction is the power of a court to render judgments over an individual. This type of jurisdiction only exists over individuals that have some type of contact with the state in which the court sits. For instance, if a person has never been to or had contacts with a state, then no court in that state would have personal jurisdiction over them. If a court lacks personal jurisdiction over an individual, it has no power to render a binding judgment over them.

The requirement that a court have personal jurisdiction over an individual is a protection afforded by the United States Constitution. It is unjust to expect anyone to be subject to the judgments of the courts of states with which the defendant has no history. However, as long as a person has had minimal contacts with a state, it is constitutional for one of that state’s courts to hold personal jurisdiction over the person.

The Georgia Long Arm Statute

Georgia statutory law has defined the personal jurisdiction that Georgia courts hold over out-of-state defendants that commit torts in Georgia. Under Georgia’s Long Arm Statute, Georgia “may exercise personal jurisdiction over any nonresident” that “commits a tortious act or omission within this state.” When an out-of-state resident causes an accident in Georgia, a victim can bring a suit in the county where the accident occurred, or in the county where the victim resides. However, it is important to remember that out-of-state defendants must be properly served with notice of any lawsuit against them in their home state.

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

If you have harmed due to the wrongful conduct of an out-of-state motorist, it is crucial to be aware of your rights. The personal injury attorneys at Williams Elleby Howard & Easter, have experience handling personal injury claims against defendants that reside in and outside of Georgia. They can help you understand your legal rights and options, and make sure you file your claim in the appropriate court.

Williams Elleby Howard & Easter, is dedicated to getting auto accident victims the compensation they deserve. The attorneys at Williams Elleby Howard & Easter can investigate the facts of your case, help you understand your legal options, protect your rights and interests, negotiate with the opposing party, and ultimately get you the best possible outcome. For more information about this issue or to schedule a consultation to discuss your case, call Williams Elleby Howard & Easter, at 833-LEGALGA today.

Problems with Eyewitness Testimony

problems eyewitness testimony injury

Eyewitness testimony is crucial to the functioning of our justice system. However, it is also often hopelessly incorrect. This can wreak havoc when it comes to personal injury claims that rely on eyewitness testimony to prosecute or defend.

Many people think human memory works like recording and then playing back a video tape. This isn’t even close. We each only remember a small portion of our experiences from the start, and memories fade as time goes on. Studies have also shown that memories can change dramatically over time, and be heavily influenced by post-event information.

In fact, each time we remember something, we are actually only remembering the last time we thought of it rather than the original event. Each time a person’s brain retells the story, the story changes a little, and that is what the new memory becomes. Essentially, memory works a lot like the telephone game that you may have played as a kid.

The inherent problems of eyewitness testimony have long been recognized. In 1908 the famous psychologist Hugo Munsterberg wrote: “[I]n a thousand courts at a thousand places all over the world, witnesses everyday affirm by oath . . . mixtures of truth and untruth, combinations of memory and illusion, of knowledge and of suggestion, of experience and wrong conclusions.”

Those words are as true today as they were then. It is crucial for attorneys relying on eyewitness testimony – or contesting it – to be aware of the common reasons such testimony can be wrong. The experienced attorneys at Williams Elleby Howard & Easter, defend the veracity of reliable eyewitness testimony for their clients and aggressively question eyewitness testimony used against their clients.

Common Causes of Eyewitness Error

• Faulty perceptions. Before a person can even form a memory, they first need to perceive something by seeing, hearing, smelling, tasting, or feeling it. This can sometimes be problematic. The way people perceive things depends on their past experienced, biases, and expectations.

• The frailties of memory. Memories also fade over time, and as discussed above, can even become distorted. It is also much more difficult for people to form accurate memories of fast-moving events. Stress can also inhibit a person’s ability to form reliable memories.

• Post-event misinformation. Studies have shown that peoples’ memories can be shaped by information they learn later. For instance, a witness to an accident may originally not be sure which driver was at fault. If that witness is later exposed to information indicating that one of the drivers was drunk, they may suddenly ‘remember’ that driver was swerving erratically (even if they actually weren’t).

IF YOU HAVE A CASE INVOLVING EYEWITNESS TESTIMONY, CONTACT THE KENNESAW PERSONAL INJURY ATTORNEYS AT WILLIAMS ELLEBY

Eyewitness testimony is often a key part of a personal injury case. In some cases, there are multiple eyewitnesses who may not agree on exactly what they saw. Carefully examining the reliability of eyewitness testimony is important. If you would like more information about this issue or would like to discuss you case, contact Williams Elleby Howard & Easter at 833-LEGALGA to schedule a free consultation today.

New Law in Georgia Impacts Breweries

Georgia breweries injuries law

Georgia Governor Nathan Deal has signed into law new legislation that will expand the ability of breweries and distilleries in the state to sell distilled alcohol directly to customers. The current law is that it encourages brewery and distillery guests to drink ‘samples’ on-site, but prohibits them from taking any alcohol to-go. The change in law would allow guests to take alcohol to-go, and in doing so, it could help to curb alcohol-related traffic accidents and their resulting injuries.

Under current law, breweries and distilleries are prohibited from selling directly to customers that visit on-site. Instead, Georgia law requires producers of alcohol to sell to wholesalers, and then requires wholesalers to sell to retailers. To get around the current law, breweries and distilleries have long sold “tickets” that people taking a tour can exchange for samples.

The new law removes the restriction on direct sales, and in doing so ends the rigidly tiered producer-wholesaler-retailer system, and most likely spells the end of the somewhat onerous ticket-system as well. Breweries and distilleries that operated a restaurant on-site were already allowed to sell directly to customers, and so they will not be affected by the new law.

Potential Benefits for Patrons, Business, and the Public

Those in the beer and distillery business are welcoming the new bill as a way to boost the industry. While the industry is likely to benefit from this the new Senate Bill 85, the new legislation also has the potential to make roads safer for everyone. Essentially, the new law makes it less likely for patrons to over-consume and then drive home.

Under the current system, guests attending tours must buy a certain number of tickets that they can trade for drinks. They can sample the drinks on-site, but they can’t take anything with them. The new law would permit guests to buy drinks directly and to leave with containers of beer and distilled alcohol.

By allowing guests to take alcohol to-go, fewer people will feel the need to use all of their tickets consume samples on-site. Instead, guests can opt to take their remaining tickets’ worth of alcohol home to consumer later. By shifting excess consumption to the home, the law could decrease the number of intoxicated drivers on the road. Therefore, one other possible impact of the law is a decrease in traffic accidents and resulting injuries caused by drunk driving.

CONTACT THE PERSONAL INJURY ATTORNEYS AT Williams Elleby Howard & Easter FOR MORE INFORMATION

Hopefully this law will reduce the number of drunk driving accidents in Georgia. However, if you have been injured as the result of someone else’s reckless behavior on the road, you are entitled to fair compensation. The Kennesaw, Ga personal injury attorneys at Williams Elleby Howard & Easter are dedicated to serving the legal needs of Georgia residents.

We believe every citizen of Georgia has a right to be informed when it comes to the law, and urge every Georgian to drive safe. If you would like more information about this issue, contact Williams Elleby Howard & Easter today at 833-LEGALGA.