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Swanson v. Tackling: A Georgia Dog Bite Case
Swanson v. Tackling: A Georgia Dog Bite Case
In a recent Georgia case, a seven year old boy was bit on the head by one of Defendant’s Great Dane dogs while he was visiting their home. He suffered serious and disfiguring injuries as a result. His mom filed a personal injury suit against the dog’s owners.
When the boy and his parents arrived at the home, they were introduced to the dogs who were behind a gate in another room. One of the dogs put her head over the gate barked in the young boy’s face. This made the mother nervous and she requested that the dog be kept away from her son, although she did not share this information with the owners. The next day, the young boy asked if he could give one of the dogs a stuffed toy. In an attempt to get the toy, the dog bit the boy’s arm. The boy began to scream and cry and when he bent his head down, the dog bit him. the dog’s owner testified that “prior to this incident, the dog had never bit, chased, jumped on, or even growled at anyone.”
The trial court ruled in favor of the dog owners on the grounds that there was no issue of material fact for a jury to consider because the dog had never displayed any vicious behavior or evinced a propensity to bite anyone prior to biting the boy. The appellate court agreed and ruled in favor of the dog owners.
In a dog bite case, Georgia law allows a plaintiff to recover based on a dangerous animal liability theory or a premises liability theory. However, in order to succeed, the plaintiff must show evidence that the dog had a vicious propensity in order to prove that the owner had superior knowledge of the danger. In order to infer this knowledge, there “must be at least one incident that would cause a prudent person to anticipate the actual incident that caused the injury.” Although the dog owner doesn’t have to be aware of the dog’s propensity to act in exactly the same way that causes the injury at issue, that previous incident must be the same type as the incident at issue. Finally, it is well settled under Georgia law that “a dog’s menacing behavior alone does not demonstrate its vicious propensity or place its owner on notice of such propensity.”
As mentioned, Georgia courts allow recovery under a dangerous animal liability theory or a premises liability theory. Also, if a person voluntarily undertakes to restrain a dog and fails to do so and an injury results, the owner can be held liable. In this case, there was no evidence that the mom asked the Defendants to restrain the dog or that they promised to do so. Therefore, while the Court was sympathetic with regard to the boy’s injuries, it had to rule in favor of the dog owners.
2016 WL 718465
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Injuries Caused by a Mentally Impaired Person
Injuries Caused by a Mentally Impaired Person
If a victim is injured by someone who is mentally impaired in Georgia, can that victim recover damages for her personal injuries? The general rule in Georgia is that a psychotic person cannot be held criminally responsible for his crimes because he is not acting as a free agent and is incapable of a guilty intent. However, in a civil case, if the mentally impaired person cases personal injury to another, proof of intent is generally not necessary. Therefore, the mentally impaired person is liable for torts the same as anyone else, except for torts that require proof of intent. This rule allows a victim to sue the mentally impaired person for personal injuries caused by negligence. This rule is supported by the principal that where a loss must be borne by one of two innocent persons, it should be borne by the one who occasioned it. Of course, there is the occasional odd circumstance where the “insanity is not a defense in tort cases except for intentional torts” rule seems to be a little too broad. For example, if a driver is suddenly overcome, without forewarning, by a mental disability or disorder which incapacitates him from conforming his conduct to the standards of a reasonable man under like circumstances, the insanity defense may apply. In one case, Breunig v American Family Ins. Co. (1970) 45 Wis 2d 536, 173 NW2d 619, 49 ALR3d 179, a victim that suffered personal injuries suffered in an automobile accident. The Defendant suffered a mental delusion while she was driving, as she saw a white light on the back of a car ahead and was under the impression that God was holding the steering wheel and directing her car when the accident occurred. The court held that it was a jury question with regard to whether the driver had knowledge of her schizophrenic, paranoid condition and of likelihood of hallucination while driving.Haug Barron Law Recent Articles
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Proving Negligence Actions in Georgia: Unreasonable Conduct
Proving Negligence Actions in Georgia: Unreasonable Conduct
When a person has been injured in an accident, she may be able to recover damages for her injuries if she can prove that the accident was caused by the negligence of another. In other words, if someone acted unreasonably and caused injury as a result, that person may be liable.
Proving negligence isn’t always easy. A plaintiff must show that 1) Defendant owed her a duty of care, 2) Defendant breached that duty of care, 3) the Defendant’s breach caused the plaintiff to be injured, and 4) Plaintiff suffered damages as a result.
In general, we all owe a duty of reasonable care to those around us. In other words, we should drive safely, look where we are going, and just exercise general common sense so that we don’t cause anyone else to be hurt by our actions. It is when we act unreasonably that we can get into trouble! If a plaintiff can prove unreasonable conduct, she can prove that Defendant breached his duty of reasonable care, which is often the hardest thing to prove in a negligence case. After all, reasonable minds may differ as to what is considered reasonable.
Luckily, courts have a method to help determine when Defendant’s conduct amounts to unreasonable conduct. It is called the “Learned Hand Test.” It is called this because it was first used by a judge named Learned Hand. It basically says that if the probability and gravity of harm outweigh the burden of protecting against the harm, the Defendant has acted unreasonably in failing to protect against the harm.
Think of it this way: Defendant has a swimming pool in her back yard. There is no fence around the pool or her yard and her neighborhood has lots of children in it. One of the neighborhood kids falls in the pool and drowns. The question becomes whether Defendant has breached her duty of care owed to that child by not installing a fence. When we apply the learned Hand Test, we first ask about the probability of harm. In this case, the probability of harm is high. There are lots of children in the neighborhood. Children are attracted to swimming pools. The probability of a child falling in and getting injured is very high.
Next, we look at the gravity of harm. If a child falls in a pool, he could drown. Therefore, the gravity of harm is great as the result could be death.
Finally, we look at the burden to protect against the harm and measure that against the probability and gravity of the harm. The cost of putting up a fence is very low compared to the risk of a child falling into the pool and drowning. Therefore, Defendant acted unreasonably by not putting up a fence and breached her duty of care to that child.
Of course, Plaintiff will also have to prove causation, which leaves us a topic for further discussion!
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Products Liability Cases in Georgia
Products Liability Cases in Georgia
If a consumer is injured while using a defective product in Georgia, she may be able to recover for her personal injuries. There are several theories under which she may be able to win.
Negligence
The first theory of recovery to consider when someone is injured by a product is negligence. To prove negligence, the customer must show that the manufacturer or retailer owed her a duty of care, that they breached that duty, and that the breach caused the injury.
A manufacturer must use reasonable care when designing and manufacturing its product. It is not required to anticipate unusual possibilities or make a completely safe product. It is also not required to ensure the product’s safety. It will not be liable if it designs and manufactures the product with due regard for the circumstances and purpose for which the product will be used.
The manufacturer’s failure to warn is generally the most frequently encountered in negligence cases. That does not mean it must warn of any and all possible dangers, no matter how remote. Rather, a manufacturer must warn against dangers that are foreseeable.
The failure of the manufacturer to warn of foreseeable dangers or to use due care in the design or manufacture of its product is a breach of their duty of care. If a consumer is then injured as a result of that failure, the manufacturer will be liable for damages.
Strict Products Liability
Strict products liability is another theory upon which an injured consumer can recover. Georgia Statute section 51-1-11 imposes liability upon the manufacturer of a defective new product regardless of the amount of care exercised by the manufacturer. Courts will hold a manufacturer liable if the product “was not merchantable and reasonably suited to the use intended,” or if the product is defective at the time it leaves the manufacturer’s hands.
A product defect exists when the product has not been properly designed, manufactured, packaged, or accompanied by adequate warnings. Whether a product is defective must be considered in the overall context of the design, function, and intended use. The danger must not be obvious and liability does not extend to unforeseeable misuse or abnormal use of the product. Georgia courts have also found strict liability in cases where there was no adequate warning.
Express and Implied Warranty
Consumers injured by a product in Georgia may also be able to recover under theories of breach of either express or implied warranties, or both. If the seller makes a statement of fact about the quality character or title to goods at the time of sale, it can be considered an express warranty. Statements of opinion are not susceptible to factual proof and are therefore not considered express warranties. Implied warranties, including the implied warranty of fitness for a particular purpose and an implied warranty of merchantability accompany the sale of goods by law.
In Georgia, injured by a defective product? Prove negligence, strict liability, or warranty breach for recovery. Haug Barron Law Group offers expert legal assistance.
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Georgia Slip and Fall Cases
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If an individual slips and falls in a store, the store may be liable for any personal injury suffered. This is commonly known as a slip and fall case. However, in Georgia, store owners are not required to insure the safety of their customers. Therefore, just because an individual can prove the occurrence of a fall in the store, that does not automatically mean that the customer will prevail in her slip and fall case against the store. In Georgia, the business owner must exercise diligence towards making the promises safe in a way that a good business person would. Therefore, a person who wishes to recover for personal injuries caused by a slip and fall in a commercial establishment must show three things: (1) that the business had knowledge or constructive knowledge of the hazard or condition, (2) that the customer acted reasonably to ensure her own safety in light of the knowledge she had with regard to the hazard or condition, and (3) that the business’ failure to make the store safe was the cause of the customer’s slip and fall. In essence, businesses make an implied promise to their customers that the store has been made ready and safe for their customers’ arrival. For the purpose of proving knowledge, the main issue hinges on the relative degree of knowledge possessed by each of the parties with regard to the danger. If the business has superior knowledge about a hazard or condition that might subject a customer to an unreasonable risk of harm and fails to protect against it, the business will be liable for the personal injuries of the customer. The presence of a spill or rainwater in a store is one of the most typical circumstances that can lead to slips and falls. Georgia courts have found that it is common knowledge that some water will be present where shoppers pass into the store during rainy weather. Generally, a wet floor sign and periodic mopping at the store entrance is considered advisable and can help protect business owners from liability for slips and falls. However, the mere presence of a sign or equal knowledge with regard to weather conditions will not automatically bar recovery. For example, recovery was not automatically barred when a movie theater placed a “wet floor” sign over a spill and a customer, who was in a crowd of people, tripped over the sign as she exited the theater after the crowd had knocked the sign over. With regard to the fault of the customer, under the current rule in Georgia, a customer is not required to look continuously and without interruption for defects. This is true whether the hazard is open and obvious or where the customer had some generalized knowledge of the hazard that was inferior to the store owner. The customer, however, can be expected to give some explanation of why she was not looking where she was going.Haug Barron Law Recent Articles
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Georgia Nuisance Claims
Georgia Nuisance Claims
A nuisance occurs when someone uses their property in a way that interferes with the use and enjoyment of the property of others. A nuisance can be caused by many bothersome activities, including noise and noxious smells, or by more serious activities, such as the contamination of waterways and air pollution.
A nuisance can either be public or private. A private nuisance is a substantial and unreasonable interference with the use and enjoyment of land while a public nuisance is an interference with a common right to the general public. Think of all of the problems that have been caused by the contaminated water source in Flint, Michigan recently. The residents of Flint have a common right to clean drinking water. Therefore, the contamination is certainly a public nuisance as many residents are affected by the contaminated drinking water.
Private Individuals can sue and get damages for personal injuries suffered as a result of a private nuisance. For example, if a person misdirects water onto the property of her neighbor, the neighbor can sue for damages. However, if the nuisance is considered a public nuisance, a private individual cannot bring suit. Rather, only public officials or public agencies may bring these types of nuisance actions. For example, if a person lives near a landfill that is burning garbage and it is releasing noxious odors, a public official must bring a claim against the landfill on behalf of the community. After all, we all have a common right to clean air.
However, there are some cases where a private individual can bring a claim for a public nuisance. In these cases, the private individual must show a “special injury” that is not suffered by other members of the public. This “special injury” may occur where the interference with the public right also impairs the use and enjoyment of a private interest in land or where a member of the public suffers an injury which differs markedly from the injuries of the public generally. For example, if the nuisance is the contamination of water in Flint, Michigan, and all residents have a common right to clean drinking water, it would be difficult for a private individual to recover in court unless she could prove a special injury as a result of the contamination that others did not generally suffer. If the private individual could prove that she suffered a particular illness as a result of the contamination that others did not also suffer, she would have a claim and could sue in a nuisance action.
Courts can and do differ with regard to how they interpret what constitutes a “special injury.” Therefore, attorneys representing clients in public nuisance actions must carefully how they can differentiate their clients’ injuries from injuries suffered by the public generally.
1 State Environmental L. § 3:1 (2016) Haug Barron Law Recent Articles
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Five most common examples of Wrongful Death
Five most common examples of Wrongful Death
Even though each family trusts that no member of the family will endure a wrongful demise because of a third party’s carelessness, the truth of the matter is that this kind of mishap are exceptionally regular in the US. Actually, the top five causes of untimely demise may affect a family whenever and wherever.
What does Wrongful Death mean?
Today, there are a wide range of actions that can lead to a wrongful death lawsuit. Most of the time, wrongful death claim may have more than one defendant involved, particularly if an organization is involved.
Different from other form of accidents, a wrongful demise is recognized by the careless behavior. This implies that it has to be the negligent or careless attitude of the faulted party that directly caused the demise of the casualty.
Some examples of careless practices that can prompt a wrongful demise claim are:
- Working or driving while under alcohol or drug effects.
- Not posting dangerous zones
- Trading or utilizing deficient hardware.
- Failing to appropriately prepare staff and inhabitants on how to react to a working environment crisis.
The very frequent causes of wrongful death include:
These days, there are several activities that can prompt a wrongful demise claim. By and large, a wrongful demise claim may include multiple defendants, particularly if the demise was because of the activities of a corporation or association.
1. Car crashes
A careless driver is usually present for this to happen. In most cases, he or she will be drunk on drugs. It could also be that he or she was calling or texting while driving. Considering that about 40,000 individuals passing on in vehicle mishaps consistently, its the most widely recognized of the top five reasons for wrongful demise.
2. Medical compromise
Medicinal misbehavior claims result when demise is brought on because of the carelessness of a doctor, nurse or managing staff while the victim was still alive and receiving medical attention. The elderly are particularly prone to be casualties of medicinal misbehavior, particularly the individuals who reside in assisted living homes or eldercare.
3. Work environment Accidents
It is the responsibility of every employer to make sure his/her working place is kept free from hazards. However; lack of adequate training of the employee, improper safety guidelines or defective equipment usually results in many wrongful deaths.
4. Faulty goods/Products
Either as a result of inability to adhere strictly to the appropriate production process or as a result of defects in product design, defective products can lead to death of the operator or owner. For instance, the death of a child which happens as a result of unsafe toys and equipments for child care.
5. Crime
When a criminal activity results directly or indirectly to the death of a person, a wrongful death claim can be filed by the family of the victim. This lawsuit does not need a criminal court to find the defendant guilty; this wrongful death claim is a separate legal action.
Irrespective of which of the aforementioned five causes of wrongful death, there is a victim and if you wish to get the appropriate compensation, expert legal help is required. If you have suffered wrongful death of any of your family members, the Haug Law group can give you all the assistance you need to make sure that you are adequately compensated.
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What Rights Do Whistleblowers Have in Atlanta Georgia?
What Rights Do Whistleblowers Have in Atlanta Georgia?
At the point when an individual uncovers that his or her organization or association is involved in exploitative or unlawful conduct, that individual is known as a “whistleblower” and the law offers such person some level of protection. Then again, the bosses of such people often retaliate. At the point when this happens, it is essential to figure out what rights these whistleblowers have in a particular circumstance keeping in mind the end goal to make compelling legal action.
Legal Protection for Whistleblowers
The law pertaining to whistleblowers can be exceptionally unpredictable. Notwithstanding the vast range of government regulations securing them, several states have their own particular laws protecting them. It is critical that a person seeks legal help when facing retaliation from his/her employer. This is as a result of its complex nature. For instance, now and again the casualty’s lawyer may discover that their boss has gone against both the federal and the state whistleblower protection laws.
By and large, employer retaliation acts such as these may be compensated and that is what the law:
- Termination.
- Unfavorable performance reviews.
- Demotion.
- Unofficial harassment, for example by isolating the employee from his or her coworkers.
- Attempting to intimidate the employee.
- Reducing the employee’s pay rate or number of work hours.
- Other actions that can establish a hostile working environment for the whistleblower.
In these instances, a specific amount is paid to the victim. This can incorporate the restoration of a fired worker and reimbursements for the losses accrued as well as for the emotional discomfort. At times, the court may assess punitive damages especially grievous conducts by the boss.
Whistleblower Law and the Statute of Limitations
When the whistleblowers are taking into account the protective rights at their disposal, it is vital that they understand that the statute of limitation which they have is quite short. For instance, only a period of 30 days is available for a whistleblower to stake a claim as a result of retaliation on the part of his/her boss, under the Clean Air Act. This implies that anyone who wishes to take legal action for harassment or intimidation from their boss must do so as fast as possible or forfeit the claim.
Proving Harassment
The ability of the whistleblower to prove that he/she was harassed by the employer will form the premise for the case. As expected, no employer will willing state that the harsh actions taken against the employer has anything to o with the employer’s whistleblowing. The legal adviser of the victim now has the responsibility to establish that it is related to the employee’s status as a whistleblower using the employers behavioral and work history. If the attorney can successfully establish that the conditions prior to the whistleblowing were favorable and there is no other reason for the drastic change, it become likely that the job performance of the employee might not have been the cause, instead, it is a retaliatory action.
The employer has the right to inform the regulatory agencies in situations where an establishment carries out actions that contradict the law without fear of retribution. The needed legal assistance needed by the employee can be obtained if he/she has a deep understanding of their rights as whistleblowers. Legal advice is offered by the law offices of Haug Law Group to those who believe they are facing retaliation.
Study Finds Young Females at Higher Risk of Car Accident Fatalities
Study Finds Young Females at Higher Risk of Car Accident Fatalities
The world has been made better through smartphones and other communication devices. It is also important to note that they are also a major cause of road accident. Research has shown that the young females have 26% more chances of getting involved in an accident as a result of texting and or calling while driving. This research was done by the National Highway Traffic Safety Administration.
Why Young Women?
It is assumed that the female teens have larger social circle and are usually more active on social media than any other group. This implies that they are often tempted to pick up their phone to text, or call a friend, or colleague while driving.
Who Else is at Risk?
As far as texting accidents are concerned, no one is exempted. People of all ages and sex can fall victim. A quick peek at your phone may cause accident. So many people are used to texting already and as such they believe they can comfortably juggle texting and driving. This is extremely difficult especially if you get easily distracted while driving or if you are an inexperienced driver.
The Consequences of Texting and Driving
Driving and texting may lead to emotional and physical injuries, ranging depression, bruises and bumps to internal injuries and in severe cases coma and death. It is logical to assume that a person that is texting while driving will be distracted and will not have quick reaction of a driver who is completely focused on driving. Easy things such as applying breaks can effectively minimize the possible effect of the accident. However, this is difficult for drivers who are distracted and as a result, they may hit other vehicles or pedestrians and this can cause severe injuries to all parties.
If You’ve Been Injured
You are advised to contact a car accident attorney as soon as possible if you have been hit by a driver who was texting while driving. You might have a case that is worthy of significant compensation and if this is the case, the attorney can help you file your case. This attorney can also spell out the laws pertaining to the case and can also represent you in court to get you the appropriate compensation.
Texting and Driving Car Accident Statistics in Atlanta Georgia
Texting and Driving Car Accident Statistics in Atlanta Georgia
Georgia is fast developing and as such, its roads are getting really busier by the day. This is good because it leads to economic growth and more investment
opportunities; however, it also leads to more frequent road accidents. Recently, a research by the NHTSA shows that more avoidable accidents are recorded periodically and most of which are as a result of driving and texting.
Why is Texting a Problem?
It is a major form of distraction. Taking one’s eyes off the road can have severe consequences irrespective of whether it to read or to type a message. Even if you think reading short texts are harmless while driving, bear in mind that from there you will also assume that it is also harmless to type and send short text too. The texts will continue to get longer with time and this will continue to diminish your concentration on the road. This then puts everybody around you in danger including other motorists and pedestrians.
Who is Most at Risk?
a report by the NHTSA suggests that this texting and driving menace is common among teens and young adults, particularly the inexperienced female drivers. More so, men below 5 years of age are not likely to sustain sever injuries. As people grow older, gender plays a vital role. Notwithstanding, anyone in or around a driver who is driving and texting is at risk of being involved in an accident.
What to Do After an Accident Involving Texting
Receiving proper medical attention before any other thing is vital, not minding if the accident was caused by a driver that was texting behind the wheels. This is because serious injuries may be incurred as a result of the accident. Employing the services of an expert accident attorney is recommended. Their job is to get out the deserved compensation for all emotional, mental as well as physical injury. The attorney has the responsibility of filing the case and in most cases, you may not have to be present in the courtroom for you to be adequately compensated. All questions and clarifications should be directed to your attorney.