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Chatham County, Georgia Premises liability law

admin — Wed, 17 Feb 2010 08:51:00 +0000

Chatham County, Georgia Premises liability law

Premises liability law in Chatham County, Georgia is the body of law that makes the person who is in possession of land or premises liable for certain injuries suffered by persons who are present on the premises.

Although few premises cases, like “slip and fall” cases, may seem simple, in certain states the rules now very much favors the premises owner. Therefore, while assessing a premises liability claim, it is usually helpful to consult with premises liability an attorney.
Within the context of premises liability, an individual “possesses” land or premises if:
• That person is in occupation of the land with intent to control it;
• The individual has been in occupation of land with intent to control it, when no other person has later occupied it with intent to control it; or
• That person is entitled to immediate occupation of the land, if no other person is in possession as just defined.

As per the premises liability law of most states it is important to determine if the claimant was an “invitee”, a “licensee”, or a “trespasser”. The defendant’s responsibility to the plaintiff can differ substantially depending upon how the plaintiff is classified. “Premises” should be read broadly to include land, premises, or places of business. The “possessor” is the individual in possession of the premises.

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Savannah GA personal injury lawyers and car accident attorneys. We represent injury victims in dog bite, car and truck wreck cases, medical malpractice, scarring injury, and spinal cord injury cases.

Our injury lawyers handle cases in Savannah, Georgia. Our Georgia car accident lawyers represent clients in Savannah & throughout Coastal Georgia including Savannah, Hinesville, Richmond Hill, Fort Stewart, Bloomingdale, Garden City, Pooler, Port Wentworth, Thunderbolt, Tybee Island, and Vernonburg, Bryan County, Liberty County, Long County, Chatham County , and Effingham County.

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Special Issues in motor vehicle accident litigation

admin — Tue, 16 Feb 2010 08:50:00 +0000

Special Issues in motor vehicle accident litigation

Special issues can arise in the motor vehicle accident lawsuits in Chatham County, Georgia . These it more difficult to litigate the vehicle accident claim, which make additional parties potentially liable for injuries, or which should be considered during the course of litigating the lawsuit. Here are some of the special issues arising from the accident itself:
Hit-and-Run Accidents: Where the driver who causes an accident fails to stop at the accident scene, it might be tough for the victim of the accident to subsequently identify the at-fault driver so as to bring a lawsuit.

Car-Pedestrian Accidents: If a motor vehicle collides with a pedestrian, the pedestrian will often end up with catastrophic injury. Pedestrians generally have a tough time seeking claims against drivers, with accidents generally blamed on the conduct of the pedestrian.

Car-Motorcycle Accidents: Motorcycle riders are likely to suffer serious injury, even in accidents that would be relatively minor had the collusion occurred between cars. Some suggest that motorcyclists suffer from a predisposition by juries to blame them for causing an accident, even when the driver of a car was clearly at fault.

Car-Bicycle Accidents: Bicyclists are susceptible to serious injury when hit by cars, and are also vulnerable to having drivers open car doors in front of them – a hazard which can cause them to be caterpaulted over the automobile door in a collision. Drivers usually report that they did not see the bicyclist till after the collision, or that they misjudged the bicyclist’s speed. Certain bicyclists engage in very hazardous actions, like ignoring traffic signals or riding on the wrong side of the road.

Semi Truck / Tractor-Trailer Accidents: The drivers of such huge vehicles are subject to state and federal regulation, governing the number of hours a day they can drive, how much sleep they are to get each night, and the condition and maintenance of their trucks. Drivers generally get paid by the mile driven, and thus have a strong incentive to ignore laws that restrict their driving hours. Of course, if a semi truck causes an accident, the consequences to any smaller automobile and its passengers can be deadly.

After-Market Vehicle Modifications: Where the vehicle has after-market changes, such as being raised or lowered, having powerful or tinted headlights or foglights installed, or window tinting, those modifications can affect both the safety of the automobile for its passengers and the dangers posed by the automobile to other drivers.

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What happens in a Savannah Georgia injury case?

admin — Mon, 15 Feb 2010 16:50:00 +0000

Accident lawsuit in Liberty County Georgia

You will become the plaintiff in the case and the party who injured you becomes the defendant. Lawyers for each party and for the insurance company generally start gathering facts through exchange of documents, interrogatories and depositions. This process is the discovery process. After the discovery process, many lawsuit are settled prior to trial. Only a small percentage of personal injury lawsuits ever go to trial.

If you succeed, a judge or jury awards you money, referred to as damages, for your injuries. This amount may include compensation for other expenses as medical bills and lost wages, as well as compensation for future wage losses. It may even compensate you for physical pain and suffering. Besides you may receive damages for any physical disfigurement or disability caused by your injury.

Settling a lawsuit means that you agree to accept money in exchange for dropping your action against the person who injured you. You’ll actually execute a release releasing the other party of any further liability. To help you determine if to accept the settlement offer, your attorney will be able to provide a realistic assessment if a case based on your claim will be successful. Settlement may take place at any point in a case once it is initiated, including prior to trial or even after a case has been tried but prior to a jury reaches a verdict. The decision to accept a settlement offer is yours, not your attorney.

Our Savannah GA car wreck attorneys represent accident victims in Richmond Hill, Coastal Empire, Hinesville, Port Wentworth, Pooler, Garden City, Tybee Island, Bloomingdale, Isle of Hope, Pembroke, Brunswick, Statesboro, Rincon, Springfield, Lyons Vidalia, Claxton, Metter, Swainsboro, Baxley, Jesup, McCrae, Valdosta, Waynesboro, Wrightsville, Chatham County, Bryan County, Glynn County, McIntosh County, Liberty County, Long County, Evans County, Bulloch County, Effingham County and Toombs County GA.
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Savannah GA personal injury lawyers and car accident attorneys. We represent injury victims in dog bite, car and truck wreck cases, medical malpractice, scarring injury, and spinal cord injury cases.

Causes of accidents in Chatham County, Georgia

admin — Mon, 15 Feb 2010 08:48:00 +0000

Causes of accidents in Chatham County, Georgia

There are many possible causes for auto accidents in Chatham County, Georgia , such as:
Driver Error – The most common reason for auto is driver error. Common errors that cause accidents include failure to yield the right of way, tail gating, driving at excessive speeds, unsafe passing, and disregard of traffic control devices.

Distractions – If the driver’s attention is diverted from the road, the possibility of an accident are higher. Distractions may occur from outside of the automobile, such as when something on the side of the road attracts the driver’s attention. Distractions can also occur inside the automobile, like when a driver attempts to read or put on makeup while driving, change CD’s in the CD player, dials a cellular phone, or attempts to parent an upset or unruly child.

Intoxication – Individuals whose capacity to drive is affected because of the consumption of alcohol or drugs are more likely to cause vehicle accidents.

Bad Weather – Sometimes, bad weather conditions will result in an accident by interfering with visibility, diminishing traction on the road surface, or otherwise making it more difficult to drive the automobile. The driver must take into consideration the effects of the weather, like as strong cross-winds or slippery roads when driving. Sometimes the weather might result in an unexpected hazard, such as black ice or flash flooding, that may not be detected by a driver until it is too late to avoid that hazard.

Road Design – A badly designed roadway, intersection, or means of controlling traffic may sometimes contribute to an accident. Badly placed and poorly designed road signs or barriers may result in unnecessary injury when vehicles collide with them. Sometimes, such defects can result in liability for the governmental agency responsible for the design and maintenance of the roadway, although governmental immunity can apply in such cases.

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Savannah GA negligent design attorney

admin — Sun, 14 Feb 2010 12:53:00 +0000

Savannah GA negligent design attorney

Manufacturers have a duty to manufacturer products that are reasonably safe for all intended and reasonably foreseeable uses. This is another manner of stating that courts make manufacturers pay for injuries that juries consider ought to have been prevented. When deciding whether the manufacturer was negligent in designing the product, the jury looks at the chances and likely severity of the injuries presented by the design against the increased burden of using a safer design. The parties usually depend on expert witnesses whose testimony is used to establish that the design selected was or was not reasonably safe.

Product manufacturers also have an obligation to exercise reasonable care in manufacturing their products. This type of claim can arise if the product was designed properly, but the particular product that caused the claimant’s injury did not meet the product specifications. Examples of negligent manufacturing claims are:
• poor assembly of products;
• use of component parts that did not conform to design specifications;
• failure to inspect component parts supplied by third parties for defects; and
• failure to inspect finished products and correct any products not conforming to product specifications.

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Savannah GA Negligence attorney

admin — Sat, 13 Feb 2010 12:52:00 +0000

Savannah GA Negligence attorney

Negligence is the oldest theory of product liability. To succeed using a negligence theory in Savannah GA , a claimant should demonstrate 4 factors: duty; breach of duty; proximate cause; and injury. The defendant can be found negligent only where it had a legal duty to exercise reasonable care in its actions. One has a duty to exercise reasonable care when not doing so can cause an unreasonable risk of harm, provided that the injury to the claimant was reasonably foreseeable by the defendant. ‘Reasonable care’ is the extent of care that a reasonable person would exercise in similar circumstances. Although this standard never varies, the extent of care that will be found reasonable under the circumstances will differ proportionately with the danger involved. For instance, a manufacturer of toys intended for use by infants will have a greater duty of care in guarding against the risk that a child might swallow small parts than would a manufacturer of construction kits for teenagers. When the plaintiff has shown that the defendant owed him or her a duty of care, the claimant must establish breach of duty. This means that the claimant should demonstrate that the defendant did not exercise reasonable care with regard to the plaintiff. While in most cases the duty of care is identified only through the breach, it is a separate element that the jury must determine before the plaintiff can go ahead with a damage claim in negligence.

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Product liability in Savannah GA

admin — Fri, 12 Feb 2010 12:51:00 +0000

Product liability in Savannah GA

Product liability in Savannah GA is usually defined as the liability of the manufacturer, or other entity in the chain of distribution, for personal injury, property damage or economic loss caused by the sale or use of a product.

Product liability cases in Savannah GA typically combine a confusing array of theories, which may include:
• negligence in the design, manufacture or marketing of a product;
• strict liability in the design, manufacture or marketing of a product;
• breach of an express or implied warranty about the product;
• negligent or fraudulent misrepresentations about the product; or
• violation of a state consumer protection law.

For purposes of product liability, the term ‘product’ is not limited to the final product alone. Instead, ancillary items that affect either consumer expectations or product safety can constitute part of the product itself.

Product liability is not limited to manufacturers of finished products, but affects all parties within the chain of distribution. A product liability case may be initiated against not just manufacturers of products and their component parts, but various entities associated with the marketing, distribution and application of the product like distributors, dealers, representatives, retailers and, even, purchasers or employers.

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Types of Damages in Savannah GA

admin — Thu, 11 Feb 2010 12:49:00 +0000

Types of Damages in Savannah GA

The different types of damages available in in Savannah GA legal proceedings include:
• Compensatory Damages – Damages that are meant, as much as possible, to place the claimant into the position he would be in had he not suffered the harm caused by the defendant’s wrongful conduct.
• Pecuniary Damages – Pecuniary damages mean the “out of pocket” losses suffered by the claimant.
• Non-Pecuniary Damages – Non-Pecuniary Damages mean the expenses other than “out of pocket” expenses, like damages for “pain and suffering”, “loss of enjoyment of life”, or “loss of consortium”.
• Punitive Damages – Also referred to as exemplary damages refer to damages intended to punish wrongful conduct. Whether or not punitive damages are available depends upon the law under which a cause of action arises. Certain states do not allow punitive damages awards, or have a very restricted approach to punitive damages.
• Nominal Damages – Nominal damage is an award of a small sum of money typically $1 to a person who has established an injury, but has not been able to prove any losses which can be compensated.

Damages to Real Estate – When real estate is damaged, for instance as the result of harm to a physical structure, or due to a fire, economic damages may be measured in the amount required to remediate the damage. Depending on the circumstances, damages may also be assessed by the effect of the harm on the property’s market value. It is often required to hire experts in these cases, and there are numerous appraisers who can give testimony as to the value of any real or personal property, or damage to a business interest.

Pain and Suffering – There is no fixed method of assessing the value of pain, or the ability to lead a normal, pain-free life. This is an area where a lawyer’s advocacy can have a significant influence on the amount of a damages award.

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Savannah GA premises owner liability

admin — Wed, 10 Feb 2010 12:48:00 +0000

Savannah GA premises owner liability
Trespasser

A trespasser is a person who goes upon the premises of another without an express or implied invitation, for his or her own benefit, and when not performing of any duty to the owner. It is usually not necessary for a premises owner to establish that the trespasser had unlawful intent for making such an entry.

Where premises owners are not aware of the trespasser’s presence, they often have no duty to warn a trespasser of the dangers or to make their premises safe for the benefit of a trespasser. Where the premises owner is aware of the presence of trespassers, the premises owner may be obligated to exercise ordinary care in relation to a trespasser’s safety.

Public Roads and Sidewalks
Premises owners are often responsible for clearing public sidewalks in front of their premises, and to maintain their premises so as not to pose a risk to the persons who are passing by on a public street or sidewalk.

Non-Delegability of Duties
The duties of the premises owner are typically non-delegable. When the defendant remains in possession, the defendant cannot escape liability merely because he hired a company to provide maintenance. For example, a business will be liable for the condition of its parking lot, even if it has contracted with a landscaping company to look after the parking lot and to clear snow and ice. The landlord continues to be liable for the condition of the housing it owns, although it has contracted with a management company to look after all service and maintenance connected with the housing.

If you have a premises liability claim against some in Savannah GA contact a premises liability attorney.

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Licensee

admin — Tue, 09 Feb 2010 12:47:00 +0000

Licensee

A licensee is a person who is invited to get in or remain on the premises for any purpose other than a business or commercial one with the express or implied permission of the owner or person in control of the premises. A social guest is considered to be a licensee, not an invitee.

Often, the possessor of premises is responsible for physical harm suffered by the licensee due to a condition on the premises if, but only if, the plaintiff shows the following three factors:
1. The possessor was aware of or must have been aware of the condition, ought to have understood that it involved an unreasonable risk of harm to the licensee, and must have expected that the licensee might not discover or realize the danger;
2. The possessor did not exercise reasonable care to make the condition safe, or to warn the licensee of the condition and the connected risk;
3. The licensee did not realize or have reason to realize the condition and the associated risk.

For example, when the homeowner knows that one of the steps leading to a basement is broken but does not appear to be broken to a reasonably observant individual, the homeowner might be liable to a guest who, without notice of that broken step, is injured since the step gave way.

If you are an licensee and have suffered injuries on another’s property, contact a Savannah GA premises liability attorney.

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