As a general rule in Georgia, under the doctrine of respondeat superior, an employer is liable for injuries to another proximately resulting from the acts of an employee committed within the scope of his or her employment. As a general rule in Georgia, under the doctrine of respondeat superior, an employer is liable for injuries to another proximately resulting from the acts of an employee committed within the scope of his or her employment. O.C.G.A. § 51-2-2. In order for a master to be held liable for his servant’s actions under respondeat superior, the servant must (1) be in furtherance of the master’s business, and he or she must (2) be acting within the scope of his master’s ... Continue Reading
The Best Offense is a Good (Panel) Defense: Controlling the Medical and Controlling the Game
It's no surprise that a large portion of the money spent in a workers' compensation claim goes towards a claimant's medical treatment. It’s no surprise that a large portion of the money spent in a workers’ compensation claim goes towards a claimant’s medical treatment. Therefore, it is critical that an injured worker treats with a reputable physician who provides suitable treatment geared towards getting the employee back to work as fast as possible. Fortunately, the Board Rules give the employer/insurer the opportunity to maintain control over a claimant’s medical care in workers’ compensation claims. Unfortunately, among the cases that make it to litigation, many of ... Continue Reading
Call Off the Dogs: Basic Steps for Analyzing a Dog Owner’s Potential Liability under Georgia’s Dog Bite Statute
Under Georgia law, a dog owner's liability for injuries caused by her dog depends on several factors. Under Georgia law, a dog owner’s liability for injuries caused by her dog depends on several factors. Georgia’s so-called “Dog Bite Statute” provides: A person who owns or keeps a vicious or dangerous animal of any kind and who, by careless management or by allowing the animal to go at liberty, causes injury to another person who does not provoke the injury by his own act may be liable in damages to the person so injured. In proving vicious propensity, it shall be sufficient to show that the animal was required to be at heel or on a leash by an ordinance of a city, county, or ... Continue Reading
Think You Can’t Win on Summary Judgment? Think Again
Motions for summary judgment are critical tools to litigation, if they can be won. Motions for summary judgment are critical tools to litigation, if they can be won. They are useful for narrowing the issues for trial and can potentially end the litigation. In any case, a cost-benefit analysis must be performed to determine the chances of successfully obtaining summary judgment and the expenses to be incurred preparing the motion. However, such analysis can be daunting and particularly problematic in cases of insurance fraud with suspicious evidence being presented in support of a given claim. Fortunately for insurers, the United States District Court for the Northern District of Georgia has ... Continue Reading
Georgia Court of Appeals Defines What Constitutes “Customary Operations” of a Building Owner
Vacancy exclusions found in insurance policies issued to owners of commercial buildings typically provide that a building is vacant unless at least 31% of its total square footage is (i) rented to a lessee or sub-lessee and used b the lessee or sub-lessee to conduct its customary operations; and/or (ii) used by the building owner to conduct its customary operations. Vacancy exclusions found in insurance policies issued to owners of commercial buildings typically provide that a building is vacant unless at least 31% of its total square footage is (i) rented to a lessee or sub-lessee and used b the lessee or sub-lessee to conduct its customary operations; and/or (ii) used by the building ... Continue Reading