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"Are you sure that it was food poisoning?" The Current Status of Circumstantial Evidence in Foodborne Illness Cases

November 30, 2018 BY Janeen Smith | General Liability

Litigation arising from allegations of food poisoning is common and often costly. Each year almost 1,000 Georgians will report an incident of food poisoning. www.cdc.gov. (2018). National Outbreak Reporting System (NORS) Dashboard | CDC. [online] Available at: https://wwwn.cdc.gov/norsdashboard/ [Accessed 5 Oct. 2018]. In a foodborne illness lawsuit, the average award to a successful Plaintiff is $276,148, but verdicts have been as high as $6.2M in recent years. ... 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

Georgia Court of Appeals Upholds Ruling that Residential Lease May Shorten Time to Bring Personal Injury Claims

July 31, 2018 BY Bartlett Benton | General Liability

In Langley v. MP Spring Lake, LLC, the Georgia Court of Appeals upheld the trial court's ruling that a residential lease contract may shorten the limitations period from the statutory two years to one year for a resident to bring a personal injury claim against their landlord. This is the first time a Georgia appellate court has enforced a contractual provision shortening the time period to bring a personal injury claim against a landlord. Generally, the shortening of a limitations period has been limited to breach of contract claims. ... Continue Reading

The Cost of Free Admission: Protection for Landowners under the Recreational Property Act Strengthened by the Georgia Supreme Court

May 22, 2018 BY Daniel Cheek | General Liability

Warm weather brings Georgians outdoors to enjoy an array of recreational activities, from coastal beaches to mountain trails and sporting events. Moreover, most parents do not complain when their children are admitted to parks and games for free. ... Continue Reading

All Means All: No Tortfeasor Is Safe From Apportionment

March 30, 2018 BY Lisa Higgins | General Liability

Commonly known as the "apportionment statute," O.C.G.A. ยง51-12-33 requires that the trier of fact divide responsibility for an injury among all those that contributed to it - parties and nonparties alike. Practically, the apportionment statute allows defendants to decide whether they want to try and add a third party or not. Attorneys and their clients should continue to analyze and evaluate every case with an eye toward identifying other potential tortfeasors whose actions or inactions may be a proximate cause of at least part of a plaintiff's claimed damages. Once another possible tortfeasor is identified, attorneys and their clients can weigh the options of moving to add that party or simply giving notice under the apportionment statute of nonparty liability. As the Georgia Courts have been extremely liberal in permitting apportionment to nonparty tortfeasors, even in light of immunity issues, defense counsel can use this to assure that their clients go to trial having the best chance of paying only their fair share of plaintiff's damages. ... 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
(Editor-in-chief)

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