Georgia Legal Report

As an Atlanta premises liability lawyer who represents Clients in slip and fall cases, I am anxiously awaiting the result of a case against Wal-Mart that is scheduled to go to trial in the coming months. The case involves a slip and fall accident that ultimately resulted in the wrongful death of the victim. In July of 2009, Julie Lehman was shopping in Wal-Mart when she slipped on a wet floor in the automotive section of the store. She was diagnosed with a blood clot in her brain incidental to the fall, and she was compelled to undergo emergency surgery. Julie died while in surgery, and her husband thereafter brought suit for her wrongful death and her pain and suffering.

Atlanta's best lawyers, and attorneys throughout Georgia, will readily admit that slip and fall cases are among the most difficult to win. This is because the law as it currently stands in Georgia heavily favors store owners. In particular, in order to establish that a store owner is liable for the injuries in a slip and fall case, Georgia personal injury attorneys are required to establish: (1) that the owner either knew, or should have known, of the dangerous condition which caused the fall; and, (2) that the injured victim did not have knowledge of the condition. The hardest of these elements to prove is the knowledge of the store owner. The law as is currently stands does not require a store owner to check it's aisles for dangerous conditions at very frequent intervals. Some cases hold that a walk through every 90 minutes is satisfactory, and if a dangerous condition occurs within that interval it would not be required to have knowledge of that condition. This is very unfair to injured victims as it does not require the store to be very proactive in preventing dangerous conditions from arising.

Our law firm has been very successful in pursuing premises liability/slip and fall cases in Atlanta and throughout Georgia, but it is critical that we are contacted by the injured victim as soon as possible. The reason for this is that we want to make sure any evidence which establishes that the store owner failed to conduct a search of its store is preserved. Store surveillance videos are a great source for establishing this, and, as many such tapes are erased every 30 days, we want to demand that the store owner refrain from erasing the tapes.

Lawyers and attorneys who represent Georgia car and truck accident victims are applauding a recent decision from the Georgia Supreme Court which holds that the 2-year statute of limitation to file a personal injury lawsuit stemming from motor vehicle collision may be extended under limited scenarios. In particular, the Supreme Court held that Section 9-3-99 of the Official Code of Georgia mandates that the statute of limitation be tolled (i.e. paused) if there is traffic citation issued in conjunction with the incident. Specifically, the Court held that the 2-year statute of limitations does not begin to run until any citation stemming from the automobile accident has become fully adjudicated. The statute cannot be tolled for more than 6 years, however.

As an Atlanta car accident law firm, we are thrilled with this ruling. The practical effect of the Court's decision is that the 2-year statute of limitation is now virtually eliminated as a traffic citation is issued in conjunction with almost every car or truck accident in Georgia. During the last several years, the legislature, operating at the request of insurance companies, has passed a number of laws which have suppressed the rights of individuals who have suffered a personal injury via a car or truck accident or medical malpractice. This ruling swings the pendulum back toward Georgia personal injury attorneys and their clients, even if it's ever so slightly.

The next big decision that is awaited by lawyers and attorneys in Atlanta and throughout the state is the Supreme Court's ruling on the constitutionality of a statute which places cap on punitive damages in medical malpractice cases. As we've discussed previsously in this blog, the statute has been challenged continuously since its passage and a ruling by the Court deeming it unconstitutional would be another big victory. Let's hope that the Court continues to reemphasize the rights of injured Georgian's by declaring this legislative measure invalid.