Month: August 2015

Fatal Accident is a Case Study in Dram Shop Liability

"Dram shop" laws in Georgia and elsewhere in the United States pertain to the legal duty of the owner of an establishment that serves alcohol to stop serving liquor to a customer who shows signs of intoxication, with the purpose of reducing incidents of people drinking and driving. In the majority of these cases, if a person who is injured in a drunk driving-related accident sues such an establishment, the management and the intoxicated customer will be different people. But a recent incident in Atlanta shows that this distinction is not always the case. The family of a motorcyclist who died when he was involved in an accident with an allegedly drunk driver is suing multiple defendants, beginning with the manager of the restaurant where the alleged drunk driver -- who also happened to be the manager himself -- as well as the company that owns the restaurant chain and…

What if there are multiple defendants in my wrongful death suit?

In actions for wrongful death, causation is not always so simple that a single person or legal entity can be identified as the sole defendant responsible for the decedent's death. For example, if a person dies in a car accident, it may be partly because of the fault of another driver and partly due to a mechanical defect on one of the vehicles that may be the responsibility of the auto manufacturer. A lawsuit would name both of these as defendants. Assuming that the plaintiff prevails, how are the damages to be divided among them? Until 2005, Georgia followed a doctrine known as joint and several liability, under which all defendants were liable for all of the damages even if none of them was 100% at fault. In the example above, if the other deceased was not negligent, the other driver was 70 percent at fault and the auto maker…

Lawsuit follows in wake of Bobbi Kristina Brown’s death

Georgia law allows for two types of lawsuits to be initiated following the death of an individual.One of them is known as a survival action, and the other is an action for wrongful death. Both of these may be evident in a recent case if legal pleadings that have allegedly surfaced in connection with the death of Bobbi Kristina Brown, daughter of the late Whitney Houston, prove to be authentic. A survival action is one in which the successor in interest of a person, who is often the personal representative of that person's estate, either initiates or continues a lawsuit that the deceased would have had against the defendant had he or she survived. According to the alleged complaint against the former boyfriend of Ms. Brown, the allegations against him include theft and abuse. As neither of these would ordinarily be thought of as causing the death of an individual, it would appear that the…

Common Symptoms of Traumatic Brain Injuries

Car accidents happen every single day in Macon and the rest of Georgia. A lot of them are simple fender benders or low-speed impact collisions. But even a seemingly minor car collision could result in a concussion or other form of brain injury. It’s important to know the symptoms of these types of injuries, as ignoring a concussion could lead to major issues later on. In general, there are four categories of symptoms to look out for. The first is issues with memory and thinking. Someone who has suffered a concussion may not be able to think clearly or concentrate. They may feel like they are thinking slower than usual and may be unable to retain short-term memories. The second category is also mental but involves the victim’s emotions. They may feel irritable or sad. They may also feel nervous, or just more emotional in general than they usually are. Next…

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