In order to successfully assert negligence, a plaintiff must generally prove four elements: duty, breach of duty, causation, and damages. However, certain evidentiary and negligence doctrines allow a plaintiff, in certain circumscribed situations, to win
Since passage of the Federal Arbitration Act of 1925, arbitration clauses have become a commonplace, if not boilerplate, provision utilized in contracts executed in the United States. However, given the ubiquity of adhesion contracts, many
As we’ve discussed before, the standard for medical malpractice liability in Georgia varies depending on whether the alleged act of medical malpractice occurs during an emergency situation. Given that the standard for liability is more
Since certain subject matter falls beyond the knowledge or experience of an average juror, cases will occasionally require that a plaintiff or defendant provide expert testimony that will assist the jury in making necessary factual
Those experienced with the law know that courts are institutions of procedure. Although many associate this exacting adherence to process with the rules to which the parties in litigation must abide, the court itself is
Successfully asserting negligence claims against the State or a municipality can be a difficult task. However, success is possible. In a recent decision, City of Atlanta v. Kovalcik (PDF-embedded link), the Georgia Court of Appeals affirmed
Although employers are not liable for every injury caused by an employee, the doctrine of respondeat superior does make an employer liable for certain injuries caused by an employee acting within the scope of his
Generally, courts will rarely disturb the factual determinations and ultimate verdict provided by a jury. However, there do exist certain limited circumstances when the court can overturn a jury’s verdict. Among the grounds that exists
Prior to the day of a possible trial, there can be months –if not years – of legal proceedings designed to remove non-meritorious claims from the court’s consideration or narrow the issues that may ultimately be
Under the common law, a purveyor of alcohol could not be found negligent for furnishing liquor to an intoxicated person who caused injury to another. With respect to injuries caused by the intoxicated person, the
It is quite common for modern businesses to contract out maintenance or cleaning responsibilities to third-party entities that specialize in providing those services. Although this outsourcing of responsibility may help make business function more efficiently,
Under the “American Rule” for attorneys’ fees, each party is responsible for paying for his or her own legal fees, irrespective of which party is ultimately victorious. However, certain federal and state laws do permit
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