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Think Twice Before Treating your Independent Contractor like an Employee

November 05, 2020 BY Camile Hart | General Liability

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

Snap Judgment on Insurance Contract Firearms Exclusion Leads to Slap on Wrist

September 30, 2019 BY Camile Hart | Insurance and Reinsurance Law

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

Another Line Drawn to Limit Lawsuits against Non-Resident Defendants

October 05, 2018 BY Camile Hart | General Liability

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

Making An Offer They Can Refuse, But It's The Timing That Matters

September 28, 2017 BY Camile Hart | General Liability

Obtaining attorney fees from the opposing party is a desirable, but difficult task under Georgia law. ... Continue Reading

Out-of-Possession; Out of Liability

August 02, 2016 BY Camile Hart | General Liability

At the beginning of 2016, the Georgia Court of Appeals reversed two trial court decisions that denied summary judgment over whether an owner was an out-of-possession landlord. ... 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. 

Editorial Board:

H. Michael Bagley

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