Who really is being protected by Georgia Governor Brian Kemp

Who really is being protected by Georgia Governor Brian Kemp?

 The proposed “tort reform” legislation in Georgia is being sold as a way to prevent frivolous lawsuits and reduce business costs. However, a closer look reveals that it will do far more harm than good—particularly for survivors of sex trafficking. Instead of shielding businesses from excessive litigation, this bill will protect those who profit from human suffering and exploitation.

This legislation will hurt sex trafficking survivors in Georgia and encourage bad actors. Not all businesses are unfortunate victims of random acts of violence. Some businesses know crime pays. Tort reform will ensure it pays more. 

Since 2019, civil lawsuits have been a crucial tool in holding hotels, motels, and apartment complexes accountable for their complicity in human trafficking. Many survivors, violently sold for sex as teenagers, were trafficked in the same few dozen locations around metro Atlanta. Through litigation, attorneys have exposed how some of these businesses knowingly allowed and even profited from trafficking on their premises. Civil suits have led to the closure of five of the worst hotels involved in these crimes, proving that legal accountability can drive meaningful change where government enforcement fails.

If this tort reform bill passes, it will strip trafficking survivors of one of the last remaining avenues for justice. Georgia already has some of the weakest civil protections for survivors—there is no rape shield law for civil cases, and the state’s civil sex trafficking statute only became effective in 2021, meaning anyone trafficked before then has no claim under state law. This bill would make things even worse, ensuring that businesses turning a blind eye to trafficking can escape liability.

Consider the types of businesses that will benefit from this bill. Hotels where teenagers were forced to stand outside, waiting to be chosen by predators, will face fewer consequences. Motels where employees knowingly took bribes to allow trafficking will be protected. Apartment complexes owned by absentee landlords who allow crime to flourish will see their liability reduced. These businesses are not innocent bystanders—they are complicit in the exploitation of the most vulnerable members of our society.

Supporters of tort reform argue that high insurance settlements are unfair to businesses. They compare them to “winning the lottery.” But after spending their childhoods being raped by adults for money, while other adults and businesses profited and looked the other way, not one survivor sees a settlement as a prize. Meanwhile, corporations like Liberty Mutual reported $3.4 billion in profits in just the first nine months of 2024. Who is really winning here?

Beyond sex trafficking cases, the Haug Barron Law Group www.hblg.law represents children who have been harmed in unregulated daycares. Many of these businesses operate unlawfully, cutting corners on safety and oversight at the expense of innocent children. If tort reform passes, it will make it even harder to hold these negligent businesses accountable. Does Governor Kemp really want to shield those who put children at risk?

Governor Brian Kemp and the Georgia legislature should be focusing on preventing children from being sold for sex in the first place, not protecting the businesses that enable it. Weakening liability laws will not make Georgia safer—it will make it a haven for those who profit from exploitation. Some of these businesses probably should not be able to afford insurance if they are unable to operate for the good of the community. If you care about the safety of our communities, contact your representatives and tell them to vote no on tort reform. The lives and dignity of survivors depend on it.

 

James Haug has been awarded the Martindale-Hubbell AV Preeminent® Rating

James Haug has been awarded the Martindale-Hubbell AV Preeminent® Rating

James Haug – Atlanta Personal Injury Lawyer

James Haug is a distinguished Atlanta Personal Injury Lawyer who has dedicated his legal career to securing justice for victims of negligence since becoming a Georgia lawyer in 2009. A proud graduate of the University of Georgia and Atlanta’s John Marshall Law School, he has built a reputation for delivering exceptional legal representation to injured clients throughout Georgia and the Southeast.

As a prominent figure in the legal community, Mr. Haug is an active member of The Georgia Trial Lawyers Association, Million Dollar Trial Lawyers, and The Georgia Association of Personal Injury Lawyers. His commitment to justice extends beyond the courtroom; he is a devoted husband and father to two beautiful daughters and has made Sandy Springs, Georgia, his home for his entire adult life.

Recognized for his outstanding legal skills, Mr. Haug has been awarded the Martindale-Hubbell AV Preeminent® rating, an honor reserved for attorneys who demonstrate the highest level of professionalism and ethical standards. Additionally, he has been named a Super Lawyer by Thomson Reuters since 2019, a designation reflecting peer recognition and professional achievement in personal injury law.

With a relentless pursuit of justice, Mr. Haug has achieved significant victories for his clients, including winning dozens of auto wreck trials across the state of Georgia and settling thousands of cases. His remarkable accomplishments include a landmark medical malpractice verdict exceeding one million dollars in Cobb County within just three years of practice, a $30 million verdict in Dekalb County in 2023, and a $5 million trucking settlement in Gwinnett County in 2024, demonstrating his expertise in handling complex personal injury cases.

As the founder of the Haug Barron Law Group, he collaborates with a network of experts and seasoned trial attorneys to provide comprehensive legal support to injured clients. His dedication to client advocacy has led to the recovery of millions in compensation, skillfully navigating the challenges posed by large insurance companies to ensure victims receive the justice they deserve.

Client satisfaction is paramount at Haug Law Group, as reflected in one client’s review: “I’ve currently had two cases with Haug Law Group, and I was very pleased with the outcome on both of my cases. My attorney always kept me informed. He was always available to speak to me whenever I called or emailed. We never played phone tag, and that was something I admired. It’s the worst feeling trying to contact your attorney and you can never get a response or reach them on the phone. I would definitely recommend Haug Law Group, and I give it 5 stars. Thank you, Haug Law Group, for taking my case and leaving me very pleased in the end!”

If you or a loved one has suffered due to someone else’s negligence, do not hesitate to reach out. Contact us at our toll-free number 1-844-428-4529 (1-844-HAUG LAW) any time, day or night, to schedule a consultation. We are committed to fighting for your rights and ensuring that you receive the compensation you deserve.


Key Points About James Haug

  • Atlanta Personal Injury Lawyer: James Haug has been helping injured people get justice since 2009. He’s a graduate of the University of Georgia and Atlanta’s John Marshall Law School and is known for providing great legal help to clients in Georgia and the Southeast.
  • Active in the Legal Community: Mr. Haug is involved in The Georgia Trial Lawyers Association, Million Dollar Trial Lawyers, and The Georgia Association of Personal Injury Lawyers
  • Family First: He’s a family man with two daughters and has lived in Sandy Springs, Georgia his whole adult life.
  • Respected and Awarded: He’s received the Martindale-Hubbell AV Preeminent® rating for being professional and ethical, and has been named a Super Lawyer by Thomson Reuters since 2019.
  • Successful Track Record: Mr. Haug has won many auto wreck trials in Georgia and settled thousands of cases. He’s won big cases, like a million-dollar medical malpractice verdict and a $30 million verdict, showing he can handle tough personal injury cases.
  • Founder of Haug Barron Law Group: He works with other lawyers and experts to help injured clients, and has gotten millions of dollars in compensation for them by taking on big insurance companies.
  • Happy Clients: Clients are really satisfied with Haug Law Group. One client said their lawyer always kept them informed and was easy to reach, which they really appreciated.
  • Get in Touch: If you’ve been hurt because of someone else, call Haug Law Group at 1-844-HAUG LAW anytime for a consultation. They’ll fight for your rights and help you get the money you deserve.

How Plastic Surgery Can Help Restore Dog Bite Injuries

Dog bites often affect some of the most sensitive and visible areas of the body, including the face, neck, and hands. These injuries not only leave physical scars but can also cause emotional trauma. At Haug Barron Law Group, we understand the life-changing impact a dog bite can have, and we’re committed to helping victims recover. In many cases, plastic surgery can play a crucial role in restoring both appearance and functionality after a serious dog bite injury.

Common Dog Bite Injuries

Dog bite injuries can range in severity, and often require specialized care to avoid infection and ensure proper healing. Some of the most common injuries we see include: Lacerations: Deep cuts that often require stitches. Abrasions: Superficial wounds that, while less severe, must be monitored for infection. Punctures: Any bite that pierces the skin poses a significant risk of infection and may require antibiotics. Crushing Injuries: Larger dogs can cause fractures or break bones with their bites, necessitating immediate medical treatment. Avulsions: In severe cases, tissue may be partially or completely torn away, often requiring reconstructive surgery to repair. Risks Associated with Dog Bites One of the biggest concerns after a dog bite is the risk of infection. Dog bites are more prone to infection than other types of injuries because of:
  • Bacteria in the dog’s mouth
  • Irregular, jagged wounds that are harder to heal
  • Deep tissue damage that can lead to fever, swelling, or even nerve damage

The Role of Plastic Surgery in Dog Bite Recovery

For severe injuries involving torn or damaged tissue, plastic surgery can be a vital part of the healing process. Reconstructive surgery can help restore both the appearance and functionality of damaged areas, particularly in sensitive regions like the face, hands, and neck. Plastic surgeons may use techniques such as: Skin grafting: To replace missing or severely damaged tissue Nerve or muscle grafting: To restore normal facial expressions or movement Laser therapy: To help reduce scarring and stimulate collagen production for healthier skin

Healing the Emotional Trauma

While physical recovery is important, dog bite victims often face significant emotional challenges as well. Disfigurement or visible scarring can affect self-esteem and mental well-being. Plastic surgery not only helps restore appearance but also aids in relieving the emotional distress associated with scarring or disfigurement.

Children and Dog Bites

Children are especially vulnerable to dog bites, and their injuries often require repeated surgeries as they grow. Studies have shown that children frequently need multiple reconstructive surgeries over time to achieve the best long-term results. At Haug Barron Law Group, we understand the unique challenges faced by young victims and their families, and we’re here to help guide you through the legal process of seeking compensation for their ongoing care. If you or a loved one has suffered a dog bite injury, contact Haug Barron Law Group to learn how we can help you pursue compensation for your medical and emotional recovery.

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The Average Back Injury Settlement: Key Factors and Legal Representation

Main Considerations Regarding Your Back Injury Settlement

Back injuries can have a profoundly negative impact on your well-being and overall life, causing severe pain and limiting your ability to do everyday tasks. Some people lose their ability to work, meaning loss of income, while medical expenses rack up from pain management, possible physical therapies, and potential back surgeries.

Who’s to blame, and how can you get legal representation for the average back injury settlement?

Car accidents cause most back injuries, but injuries can also be work-related or due to someone else’s negligence. You deserve compensation to move the healing process forward, and Haug Law can help.

This blog explores key factors that influence back injury settlements, the importance of reliable legal representation, and how we can support you and help you navigate recovery.

The Factors Influencing Your Back Injury Settlement

Levels of Disc Injuries: How severe is your back injury? The answer to this question determines the bulk of a back injury settlement. The spine comprises multiple vertebrae separated by discs, acting as cushions to keep bone from rubbing on bone. When a disc is strained, ruptured, or herniated, it can affect everyday tasks and mobility, resulting in higher payouts if multiple disc injuries are involved.

For example, suppose multiple discs are injured in the lower back (lumbar). In that case, you can request more money in a settlement because this type of injury affects your ability to function normally. The greater the extent of disc damage, the greater the settlement compensation.

Disc Protrusions: When discs protrude, they cause outer tears from the inner material of the spinal cord. This results in nerve damage, compression, and severe pain, increasing the likelihood of long-term health problems because the nerve roots are compromised. The spinal cord controls core and limb movement, and a protrusion can lead to numbness, weakness, and inability to perform basic tasks.

Protrusions are often severe disc injuries, but their severity determines the potential settlement. Most protrusions require extensive medical treatments, like daily pain management, physical therapy, and surgeries, so settlement compensation must cover extensive medical expenses.

Potential Back Surgeries: Do you need back surgery to correct an injury? Spinal fusions, discectomies, and laminectomies are the most common, expensive, and have long recovery periods. Depending on the risk level of the surgery, compensation would include the procedure itself, post-surgical care, and rehabilitation. There’s a potential settlement payout for future surgeries and ongoing medical treatment.

Lifetime Impacts: Some permanent back injuries require lifelong care and management, especially for chronic pain and limited mobility. The more significant the impact on your future, the higher your back injury settlement could be. If lifetime medical care is required, the injury may be ruled a permanent disability, entitling you to extra compensation for lifelong care and possible home modifications for a walker, wheelchair, or other mobility devices.

Navigating Legal Representation for a Back Injury

Initial Consultation and Case Evaluation: A reliable, reputable Haug Law attorney will assess the ins and outs of your back injury case, including circumstances, medical history, and potential recovery. This evaluation helps determine the strength of your case, setting the foundation for a strategic approach.

Building a Strong Case: To maximize your back injury settlement, you must have a strong, indisputable case. There should be zero doubt that your claim is legitimate. To build a solid case, Haug Law attorneys gather medical documentation, including diagnostic test results and expert opinions, documenting the extent and severity of your back injury. 

An attorney will also piece together accident reports, witness statements, and police testimonies if you were involved in a public accident that caused a back injury. By compiling a vital folder of solid evidence, your Haug Law attorney ensures a well-supported case ready for negotiation or fair trial.

Negotiating Your Settlement: This is where your attorney shines. Insurance companies will fight tooth and nail to minimize compensation, but a skilled Haug Law attorney will bypass insurance tactics to present a compelling back injury settlement case. The attorney will negotiate on your behalf, seeking compensation for medical expenses, long-term recovery, pain and suffering, and everyday financial needs. 

In some cases, the back injury claim may be taken to court if a fair settlement agreement can’t be reached. The attorney advocates for your rights in court, ensuring you receive well-deserved compensation.

The Importance of Medical Documentation

Medical documentation is evidence. From the moment of a back injury, you should have sought a healthcare professional for an examination to corroborate an injury. Documentation provides clear, indisputable evidence of severity, treatment history, and projected long-term impact. The more detailed medical records, the easier your case will be and the sooner you can negotiate and receive rightful compensation.

Additionally, healthcare providers are on your side. When experts can provide medical testimonies, it strengthens your back injury case and supports the need for ongoing care. This enhances your chances of a favorable settlement.

Understanding Insurance Company Tactics

Insurance companies will make you jump through hoops to avoid having to compensate you for back injuries. Some of their tactics include lowball settlements or delays in the claims process, all designed to pressure you into accepting less than what you deserve in a back injury settlement case. Hence why legal representation is crucial. Skilled attorneys at Haug Law are assertive and knowledgeable, combating insurance company tactics to protect your rights.

Secure the Compensation You Deserve with Haug Law

Haug Law specializes in personal injuries, including average back injury settlements. Our team is experienced and has combined years of expertise in complex cases, so we recognize and welcome unique challenges with back injury claims. Our commitment is personalized and compassionate, fighting for maximum compensation with solid evidence and a reliable reputation.

Consider Haug Law your GPS for legal representation through consultation, settlement, negotiations, and trial. If you or a loved one has suffered (and are still suffering) a debilitating back injury, you don’t have to brave the legal process alone.

Contact Haug Law now to discuss your back injury case and start the path to recovery.

3 Common Reasons Why Insurers Discourage Hiring A Lawyer

COMMON REASONS WHY INSURERS DISCOURAGE HIRING A LAWYER

If the insurance company says you do not need a lawyer, it’s often a sign that you do. These companies know that a skilled attorney can maximize your claim. To prevent this, they may try to convince you to accept a quick settlement. Here are some additional reasons why they might discourage you from hiring a lawyer.

CONTROL INFORMATION ABOUT YOUR CASE

Insurance companies may discourage you from getting legal representation to control the flow of information. They know that a good attorney will work to safeguard your claim. Controlling the flow of information can limit your access to critical details, such as the true value of your claim or your legal rights.

SETTLE QUICKLY TO CLOSE THE CASE

Insurance adjusters often offer quick, upfront settlements if you don’t involve a lawyer. This isn’t for your benefit—they prefer to avoid paying the full amount you deserve. An experienced personal injury lawyer will fight for the compensation you’re entitled to, even if it means going to court.

DOWNPLAY THE SEVERITY OF INJURIES

These companies might also suggest that your injuries aren’t severe enough to need a lawyer. On the contrary, an attorney will ensure you get a proper medical evaluation to determine the true value of your case. By keeping lawyers out, insurers hope to settle for less than your claim is worth.

FAQ

What Should I Do If the Insurance Company Says I Do Not Need a Lawyer?
If you’ve been injured due to someone else’s negligence and the insurer says you don’t need a lawyer, seek legal assistance immediately. In fact, it is always advisable to contact a lawyer even before engaging the insurance company.

How Much Will a Personal Injury Lawyer Charge to Review My Case?
It costs nothing to have your case reviewed by a personal injury expert at Haug Barron Law.

What Cases Does Haug Barron Law Handle?
Our legal team handles a wide range of personal injury cases, including but not limited to:

  • Premises liability
  • Auto accidents
  • Wrongful death
  • Defective products
  • Social Security Disability
  • Medical malpractice
  • Nursing home abuse
  • Whistleblowing

Not sure if we can handle your case? You have nothing to lose but so much to gain by contacting us for a free case review. Chances are, we have won a similar case before.

https://youtu.be/dmU_84MRkWQ?si=SsF5e4z83wM3Xyw1

Why Choose Haug Barron Law?

At Haug Barron Law, you are a priority, not just another case number. We offer personalized legal attention and ensure our attorneys are accessible throughout the legal process.

We don’t rush cases to settle quickly; we fight aggressively for each client, one case at a time. Moreover, our results speak for themselves—we’ve secured millions of dollars in settlements and verdicts, including $30 million for a medical malpractice victim.

GET A FREE CASE EVALUATION

Don’t let the insurance company have the final say in your case. You need a personal injury lawyer who has your best interests at heart. Contact Haug Barron Law today for a free case evaluation. We serve clients in Atlanta and the surrounding areas.

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A $30 Million Verdict

Winning a $30 Million Verdict

Case Context

The $30 million verdict secured by Haug Barron Law Group on October 5, 2023, didn’t just make headlines—it underscored the law firm’s unwavering commitment to justice, the depth of its legal expertise, and the team’s ability to navigate through complex medical malpractice cases with precision and resilience.

Anatomy of the Case

Originating from a 2018 car accident, the lawsuit brought to light severe oversight in medical care. The victim, after being examined for a seatbelt abrasion, was sent home, only for the true extent of her internal injuries, including a perforated bowel and several fractures, to manifest days later, leading to her tragic demise from sepsis.

“[The decedent’s] medical issues absolutely should have required a full-trauma CT scan,” James Haug pointed out. The defense’s refutation of this assertion and their hardened stance against a reasonable settlement was a pivotal aspect of the legal confrontation. “This was a case that should have been settled,” James noted, underscoring the rigidity the plaintiff’s team encountered.

A Legal Journey

With a defense entrenched in their position and an insurance company’s highest offer stagnating at $350,000, the Haug Barron team bolstered their strategy. The enlistment of Jesse Wilson, a seasoned jury consultant, marked a turning point. His deposition preparation and trial framing strategy became a cornerstone in presenting an unassailable case.

“Our voir dire was strong,” James acknowledged. He attributed the team’s ability to weave a compelling narrative to the jury to Wilson’s expertise. Every detail mattered, every piece of evidence and testimony was crucial, each word and action meticulously considered to uphold the truth and the pursuit of justice.

Trial and Verdict

In the courtroom’s charged atmosphere, the defense’s initial presentation threatened to cast doubt. “They almost had me convinced that they had a better case than we did,” James admitted. However, the foundation laid by relentless preparation and unwavering commitment to factual evidence and ethical practice, turned the scales.

In just 90 minutes of deliberation, the jury announced a $30 million verdict, placing this case among Georgia’s ten largest medical malpractice verdicts. It was a profound manifestation of the jury’s acknowledgment of the untold pain, suffering, and loss resulting from the overlooked medical care.

“We put so much work into this case,” James reiterated. A sentiment that not only highlighted the team’s dedication but also underscored a philosophy rooted in meticulous preparation, ethical engagement, and unyielding pursuit of justice.

Reflective Insights

“I think the jury responded to us just being very truthful,” James reflected. In a world increasingly navigated through perspectives, narratives, and representations, the jury’s affirmation of the verdict underscores a foundational principle; facts and truth remain the bedrock of justice.

This case, a synthesis of legal acumen, ethical standards, and an unwavering commitment to the client, epitomizes the ethos of Haug Barron Law Group. It’s not just about legal representation—it’s about a partnership in the pursuit of justice, a journey through the intricate terrains of legal processes, and a commitment to turning challenges into triumphant victories.

If you are in need of legal counsel characterized by a blend of expertise, dedication, and client-centric service, don’t hesitate to Contact Us today! We are committed to converting legal challenges into triumphant victories.

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The Hidden Dangers of Bow-Riding: Why Safety Comes First on Georgia’s Lakes

The Hidden Dangers of Bow-Riding: Why Safety Comes First on Georgia’s Lakes

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Pleasure boating is a cherished pastime, especially on the serene lakes of Georgia like Lake Lanier and Lake Allatoona. The sun’s out, the water’s gleaming, and life couldn’t be more picturesque. But as idyllic as this scenario is, an unseen danger lurks for those tempted to sit on the bow of a boat while it’s cruising along – and it’s a danger we need to address.

The Illusion of Thrill

Riding on the bow of a boat while underway may seem thrilling. You might feel a sense of freedom as the wind whips through your hair and the spray from the waves cools your skin. But remember, the seemingly benign setting can quickly turn into a dangerous, even life-threatening, situation.

Unpredictable Movements and Safety Risks

The first point is the most obvious yet often overlooked: boats aren’t stationary. They bob, weave, and can make unexpected movements. This unpredictability, combined with the lack of safety measures on the bow, creates a perfect storm for accidents. A big wave, a sudden stop, a sharp turn—any of these can catapult an unsuspecting individual overboard. And, unfortunately, the water isn’t always a safe place to land.

The Lurking Danger of Propellers

Propellers pose a significant threat to those who find themselves suddenly in the water. Even at slow speeds, they can cause serious injury or even death. It’s not just the immediate physical harm we need to worry about—the shock of sudden immersion can lead to drowning. To learn more about boat safety, visit BoatUS.

Georgia Law and Safety Regulations

On the legal side of things, Georgia law prohibits individuals from riding on the bow, transom, or gunwales of a moving boat unless there are adequate guards or railings. This rule is not arbitrary—it’s designed for the safety of all boat users. Non-compliance isn’t taken lightly and can lead to penalties, fines, or worse.

Legal professionals, like those at the Haug Barron Law Group, have dealt with cases where ignorance or dismissal of these laws led to unfortunate outcomes. These cases often involve personal injury claims and, in extreme instances, wrongful deaths. It’s not a situation anyone wants to find themselves in—the emotional, physical, and financial toll can be devastating. For more information on Georgia’s boating laws, check out Georgia DNR.

Universal Application of Safety Rules

It’s important to remember that these laws and regulations apply regardless of which body of water you’re on. Whether you’re enjoying a leisurely day on Lake Lanier or exploring the natural beauty of Lake Allatoona, the same rules apply. Compliance isn’t just about avoiding legal trouble; it’s about ensuring that everyone can enjoy the water safely.

Prioritize Safety: It’s Everyone’s Responsibility

While pleasure boating offers an opportunity to unwind and enjoy the great outdoors, it’s crucial to respect the inherent risks associated with it. Understanding the dangers of bow-riding and adhering to safety regulations doesn’t just protect you—it safeguards the well-being of others around you, too.

Enjoy Responsibly

As we continue to enjoy the beautiful lakes and waterways in our region, let’s prioritize safety. Remember, a responsible boater not only knows the rules but also understands the reasoning behind them

So, next time you’re tempted to sit on the bow, think twice—the thrill isn’t worth the risk.

In conclusion, pleasure boating is a fantastic way to appreciate Georgia’s stunning natural landscapes. But remember, folks, as you’re cruising along the glittering waters of Lake Lanier or Lake Allatoona, it’s not just about the view or the adventure. It’s about having fun while staying safe and respecting the rules that are there to protect us. After all, the real pleasure in boating is ensuring we can enjoy these experiences for many more years to come. For comprehensive boating guides and tips, you can visit Discover Boating.

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Liability for Accidents to Trespassers

In general, a person owes a duty of reasonable care to all foreseeable plaintiffs and a Defendant’s failure to act reasonably may result in tort liability if his unreasonable conduct causes a Plaintiff injury. However, if a plaintiff is injured while on the land of another, a different standard of care may apply. Interestingly enough, landowners might be liable for injuries to trespassers on their land, even though the trespasser did not have permission to be on the land. The key is to determine what standard of care a landowner owes to the trespasser.

If the trespasser is unknown to the landowner, the landowner does not owe a duty to him. However, if the trespasser is known to the landowner, in other words, the landowner becomes aware that the trespasser is present, the landowner must exercise reasonable care to prevent the trespasser from being injured by activities conducted on the land. The landowner also must warn the known trespasser of hidden dangers of which the landowner is aware and the trespasser is unaware, but has no no duty to prevent injury that could be caused by a natural condition on the land.

If the landowner knows or should reasonably know that others often trespass on his land, the duty he owes is similar to that owed to known trespassers. Finally, if children are trespassing, the landowner will owe a duty to exercise reasonable care to prevent children from being injured by artificial conditions on the land. This heightened standard only applies if 

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In Georgia, the Workers’ Compensation Act is the exclusive remedy for an injury by accident arising out of and in the course of employment. The Workers’ Compensation Act requires that employers subject to the act either carry insurance to insure the payment of workers’ compensation benefits to injured workers or qualify as a self insurer. Therefore, if an employee is injured at work, he can choose to file a Workers’ Compensation Claim or a Personal Injury Claim. The main difference between the two is that a personal injury claim requires fault, while a Workers’ Compensation claim does not. The employee must prove negligence. In other words, to have a successful Personal Injury Claim in Georgia, an employee must prove that the employer or fellow employee did something wrong that caused the employee’s injury. However, in a Workers’ Compensation Claim, no proof of fault is required. This is an important distinction because not every injury is the result of negligence. Accidents do happen. Therefore, when they happen at work, the employer will pay for damages even if the accident was the employee’s own fault. Another important difference is damages. In a Worker’s Compensation case, an employee will only get damages for lost wages, medical bills, impairment benefits, and rehabilitation costs. In a Personal Injury case, the employee can recover for his pain and suffering as well as any damages proximately caused by the accident. He can recover for lost earning capacity, pain and suffering, and future medical bills, among other things. Again, in Georgia, the Workers’ Compensation Act is the exclusive remedy for an injury by accident arising out of and in the course of employment. However, if an employee has a valid Workers’ Compensation claim and the employer carries no insurance, the employee can sue the employer in tort and the employer cannot rely on the exclusive remedy in defending the suit.

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Missouri Jury Awards $462 Million in Landmark Case Over Truck's Unsafe Rear Impact Guard Design

Missouri Jury Awards $462 Million in Landmark Case Over Truck’s Unsafe Rear Impact Guard Design

In a recent high-profile case, a Missouri jury awarded $462 million to the plaintiffs in a personal injury lawsuit against ...
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How Do You Determine the Value of My Claim?

How Do You Determine the Value of My Claim?The value of your claim, which lawyers call the settlement value, largely ...
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A $30 Million Verdict

Winning a $30 Million VerdictCase Context The $30 million verdict secured by Haug Barron Law Group on October 5, 2023, ...
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Trial Victory Yields Verdict of Nearly Double Settlement Offer

Our team at the Haug Barron Law Group regularly receives large verdicts and settlements for our clients, but we are ...
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Accident Compensation Lawyers

Accident Compensation Lawyers If you or a loved one are injured in an accident, many types of compensation may be ...
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Intentional Trespass

Intentional Trespass

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What happens if someone is mistaken with regard to her property line and accidentally builds on her neighbors property? Would she have to pay damages or tear down whatever she had built? Assume for a moment that two neighbors built houses and garages on their adjacent lots. Assume as well that Neighbor A’s garage encroached onto neighbor B’s property by a few feet and A was unaware of the encroachment. The question becomes whether B can sue A for Trespass.

The tort of Trespass to Land requires intentional entry onto the land of another. The intent is shown here because A intentionally built a garage on the land. It didn’t just magically appear. Mistake is not a defense to trespass, so it does not matter that A did not know that he was building on land that didn’t belong to him.

In common sense terms, assume a farmer owns a large farm and a developer comes along and buys the property behind the farmer to build town homes. Now assume that the developer misreads the lot description and accidentally puts one of those town homes on the farmer’s property. Would it be fair for the builder to be able to simply say “Well. I made a mistake, so I shouldn’t have to pay for any damages or tear down the home.” This obviously would not be acceptable. The
fact of the matter is that the builder built a town home on the farmer’s property and the farmer should be compensated for any damage caused. The farmer may not end up making the builder tear down the town home, but now since the farmer’s farm is smaller, she will not be able to sell it for as much money, so she could sue the builder for the value of the land he encroached upon.

 

Negligence News

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What Is Negligent Entrustment?

What Is Negligent Entrustment?If a person is injured by a drunk driver, who is liable? Obviously, the person driving drunk ...
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Defenses to Negligence Claims in Georgia

Defenses to Negligence Claims in Georgia Suppose a driver turns left at a red light in front of a second ...
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Negligent Infliction of Emotional Distress

Negligent Infliction of Emotional Distress If a person is injured by someone else's intentional conduct, she may be able to ...
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Negligence Per Se Atlanta Georgia

Negligence Per Se Atlanta GeorgiaIf an individual is injured because of the actions of another, she may be able to ...
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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 ...
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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 ...
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