Can you hire your own employee as an independent contractor and avoid liability for their on the job injury? The answer is sometimes yes, but employers should be careful. Recently, the Georgia Court of Appeals delivered an opinion in line with the general rule that that an employer is under no duty to take affirmative steps to guard or protect the contractor's employees against the consequences of the contractor's negligence or to provide for their safety. In Wilson v. Guy, a construction worker, Hunter Guy, brought a negligence action against the owner of the construction company, Robert Wilson, for injuries he received while performing property maintenance work for the owner at the owner's residence. No. A20A0969, 2020 WL 5201003 (Ga. Ct. App. Sept. 1, 2020). Sometimes Wilson's employees would do work separate from the business of the company on the weekend to earn extra money by performing tasks at Wilson's residence. The work included mowing the lawn, landscaping, yard work, and other property maintenance tasks. ... Continue Reading
Negligent security cases can be very costly to defend and the damages can be steep. An insurer needs to know whether it has issued a policy that effectively excludes these types of losses. ... Continue Reading
Maintaining a website is a necessary and important aspect of many businesses. A website can also impact where a business may be sued, even when the business has never stepped foot inside a foreign state. Where a business is sued in a foreign state, the business may have an affirmative defense based on lack of personal jurisdiction Whether the creation and maintenance of a website subjects the business to a lawsuit in a foreign state depends on that state's personal jurisdiction laws, which typically includes a Long-Arm statute. ... Continue Reading
Obtaining attorney fees from the opposing party is a desirable, but difficult task under Georgia law. ... Continue Reading
The Journal is a publication for the clients of Drew Eckl & Farnham, LLP. It is written in a general format and is not intended to be legal advice to any specific circumstance. Legal Opinions may vary when based upon subtle factual differences. All rights reserved.
H. Michael Bagley