Articles Posted in Personal Injury

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Georgia landlord tenant law is an area that is important to many of our clients. Whether you are a homeowner having to deal with a nightmare tenant who won’t pay their bills, or whether you are a tenant having to deal with a nightmare landlord who won’t keep your home in repair—it is important to understand your legal rights in either situation.

In today’s article we will discuss the notice requirements a landlord must give a tenant prior to eviction:

In Georgia, unless required by the lease, a landlord is generally not required to provide notice prior to filing what is known as a “dispossessory proceeding” which is a fancy term for taking back possession of the property. It is important for both landlords and tenants to carefully check the lease agreement to see what in fact it does say about the notice requirement in order to make sure they comply with the contractual lease agreement to protect themselves from a breach of contract claim.

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Under Georgia law, can a home buyer sue a seller who is unhappy with the house? Unless the house seller is also the house builder, the answer is “Generally no.”

Fortunately for sellers, the law in Georgia protects home owners who sell their house to people who later suffer from “buyers remorse” and want to sue them to rescind the sale. Unfortunately for buyers, unless the seller was also the home builder, there is not much you can do to rescind a sale agreement even if the home seller fraudulently misrepresented or hid a housing defect. Nevertheless, the law is very specific, so if you find yourself in this situation, time is of the essence and it is imperative you seek competent legal counsel right away to ascertain your rights.

In general, home sellers are protected from home buyers who later try to rescind the sales agreement by various Georgia doctrines. Today’s article discusses the Doctrine of Caveat Emptor:

Doctrine of Caveat Emptor:

The rule in Georgia is Caveat Emptor (let the buyer beware). This is a common law doctrine which serves as the general rule regarding the purchase of realty. Cendant Mobility Financial Corp. v. Asuamah, 285 Ga. 818 (2009). If a home has mold, termites, a rotten roof, or any other defect—it is the buyer’s responsibility to fully investigate this prior to buying the home. In general, the buyer is put on warning and notice that they are responsible to discover such defects and if they discover them after the real estate transaction, unfortunately it is a case of too little, too late.

Consequently, the doctrine of Caveat Emptor defends and protects home sellers and our housing market from being “vexed to economic death by lawsuits by every purchaser of a house who discovers a defect which he believes the previous homeowner should have discovered and revealed. . . [when there] is probably no such thing as a perfect house” and all purchasers know that an older house is almost certainly not perfect. Cendant Mobility Financial Corp. v. Asuamah, 285 Ga. 818, 821 (2009). Thus, this affirmative defense often soundly defeats a buyers claims in a lawsuit.

Thus the morale of the story is Buyer Beware! Regardless, if you are a home seller who is being threatened by a lawsuit, or if you are a home buyer contemplating a lawsuit against a seller—the laws are very specific to one’s situation and it is absolutely important that you seek competent legal counsel as soon as possible in order to protect your rights.
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In Georgia, who is allowed to bring a lawsuit when someone dies? Wrongful death is a terrible thing for any loved one to go through. Oftentimes, many family members are not only emotionally affected by their loved one’s loss but can be significantly impacted financially as well.

The people allowed to bring a wrongful death action are in strict order under Georgia law. Currently, the wrongful death claim is considered property of the estate of the deceased, thus potentially involving a large group of the loved one’s heirs at law. This can naturally mean a lot of people could have a legal claim depending which relatives are still alive.

Wrongful death lawsuits in Georgia may be maintained primarily by three different persons or groups: (1) surviving spouse or children, O.C.G.A. § 51-4-2 (2) parents, O.C.G.A. § 51-4-4 and (3) the decedent’s personal representative. O.C.G.A. § 51-4-5.

Unfortunately for the grand-kids, the statute vesting the right to recover for wrongful death in the surviving spouse or children does not permit participation in the recovery by a grandchild unless his parent was an original claimant and dies during the pendency of the litigation.Tolbert v. Maner, 271 Ga. 207, 208-209, 518 S.E.2d 423 (1999).

However, one of the many unique attributes within Georgia’s wrongful death law is that it provides exclusive standing to maintain the action on the surviving husband or wife of the dead spouse without giving all the rights to the claim in him or her (without allowing her claim to all the recovery). “The spouse is required to share the proceeds with the children. This means the spouse acts not solely as an independent party but rather as an individual and as a representative of the children.” Mack v. Moore, 256 Ga. 138, 138, 345 S.E.2d 338 (1986) (overruled on other grounds by, Brown v. Liberty Oil & Refining Corp., 261 Ga. 214, 403 S.E.2d 806 (1991)).

The surviving husband or wife of the dead spouse holds any amount recovered in a wrongful death action subject to the law of descents. This means the money from a wrongful death claim must be divided between the surviving spouse and the decedent’s children (or the children’s descendants equally if the child is dead), with the spouse taking a child’s share, but not less than one-third. O.C.G.A. § 51-4-2. Illegitimacy of a child is no bar to his participation in the recovery.

In an action for the wrongful death of a parent or spouse, the lawsuit does not go away because of the death of the plaintiff. It survives to the remaining children of the deceased O.C.G.A. § 51-4-2(b) or to his personal representative.O.C.G.A. § 51-4-5. Fortunately, it is not subject to any debts of the dead person. O.C.G.A. § 51-4-2(e).

Brothers and sisters of the decedent do not have any rights to proceed with a wrongful death action. If the only relatives living are siblings, the right to file a wrongful death claim will fall upon the decedent’s personal representative who would administer the estate.

In any event, all wrongful death claims have statutory deadlines that will expire if a lawsuit is not filed in time. Consequently, if you are interested in considering a wrongful death suit, it is important to seek legal counsel as soon as practicable.
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If your Constitutional right as an American to bear arms (2nd amendment),to be free from search and seizure by the government (4th amendment) or your right to freedom of religion (1st amendment) was under attack—what would you do?

Fortunately, our great Constitution has set up a mechanism to enforce the protection of our rights through the 7th amendment. The 7th amendment insures our right to justice through the civil jury system. This means if someone violates our life and liberty (kills us or injures us seriously) or violates our rights and protections under the law—the way we can protect ourselves, enforce our rights, and hold wrongdoers accountable for the harms they’ve caused is through the civil justice jury system. Rather then taking matters into your own hands through violent means, our great country has set up a civil justice system that allows us to protect ourselves against those who might seek to violate our rights—whether they are a big corporation or a big government. Under the eyes of the law, the little guy and the powerless have a tool for standing up against injustice through the civil jury system–a constitutional right established in our 7th amendment.

Unfortunately over the past decade– through a high priced publicity campaign funded by big corporate interests—- Americans have been incessantly subjected to an ever constant barrage of brainwashing propaganda which seeks to convince the public of a perversion that attacks the foundation of one of our most important Constitutional rights: the civil justice system, the very foundation of the 7th amendment and the primary tool we have to protect ourselves from violations of these rights.

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belinda-mcmilan.jpgMARTA bus driver Belinda McMillan was arrested and charged with reckless conduct after being accused of dragging a 62-year-old woman– Lettie Robinson who was just trying to get off her bus this past Sunday night.

According to Atlanta Police, Miss Robinson was exiting MARTA bus 2977 on route 51 at about 8:30 p.m,when her pocketbook got stuck inside the bus. The MARTA bus driver continued driving while dragging her approximately 63 feet.

A passenger on the bus described the bus driver as acting agitated against the victim Miss Robinson even before she got off the bus. The passenger who wished to remain anonymous stated: “people were trying to notify her that she was dragging this person. It was like she had no regard. She just wanted to close the door and move as quickly as possible.”

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Good Georgia Lawyer continues its multi-part series on SUV Rollovers:

The Auto Industry’s Refusal to Acknowledge The Need for Two Sided Rollover Testing was shown in the following:

The auto industry has consistently denied the need for an appropriate two sided test. The rollover tests selected by General Motors are “deliberately designed to avoid measuring roof crush. In one test, the vehicle is driven on a ramp, and then tips onto its side. This test can be used to evaluate the deployment of side curtain airbags, which General Motors has publicly announced it will be installing in all its vehicles by 2012, but fails to provide any information about roof crush.”

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Georgia Personal Injury Lawyers at Good Georgia Lawyer continue its multi-part series on SUV Rollovers:

Consumer Advocacy Recommendations as to how to solve the Rollover Problem and the Industry’s Response:

On June 4, 2008, former head of NHTSA and then President of Public Citizen Joan Claybrook testified before the Senate Committee on Commerce, Science, and Transportation. She recommended that after twenty years of pushing for a response for NHTSA to address rollover fatalities, the agency do the following:

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Thumbnail image for SUV.jpgGood Georgia Lawyer Continues its Series on SUV Rollover Deaths in Part Four:

The problem of rollover first made national news in 1980 when CBS’s 60 Minutes aired a report on the Jeep CJ, the model for many early SUVs. The report showed footage of an Insurance Institute of Highway Safety test in which the vehicle rolled over when conducting evasive maneuvers like a quick turn to avoid hitting something in the road. Despite the rollover risk, Americans flocked to the vehicle. Thus the auto industry began producing similar vehicles. Using the Jeep as a model, Ford introduced its first SUV, the Bronco II, which rolled out in March 1983 as an immediate hit. Throughout the 1980s, the company sold over 700,000 Bronco IIs — double their initial projections. Almost immediately, however, the Bronco II began to have rollover problems.

As deaths and horrific injuries mounted, Ford knew as early as 1981 that (1) its SUV’s were tipping onto two wheels at speeds as low as 20 miles per hour and that (2) it had considered shelving the Bronco II project during development. In the spring of 1982, Ford engineers recommended one important change: a 3 to 4 inch widening of the vehicle track, would produce a “major improvement” in “roll characteristics.” However, Ford ignored the safety and design recommendations of its own engineers and went into production after widening the SUV by just 4/10ths of an inch despite internal Ford cost projections that showed it would have cost just $83 per vehicle to widen the vehicle and lower the center of gravity to achieve a safe design. “Ford’s management — conscious of competition with GM’s Chevrolet Blazer” ignored their own engineers’ safety recommendations because it would have delayed “Job 1″ (the vehicle’s first date of production).” Thus, Ford “rushed to cash in on this rapidly expanding, high-profit market with little attention to the safety implications of their vehicle designs for SUV occupants and even less attention to the safety of motorists in other vehicles.”

However, Ford knew that problems would result from this decision. It would later be shown that in anticipation of rollover litigation, “realizing that the company’s own engineering documents showed that the Bronco II had a high propensity to roll over, injure and potentially kill a significant number of people who purchased it, Ford took the unprecedented step of gathering 113 specific documents critical to the defense in rollover litigation prior to the production of the first Bronco II.” Engineers were ordered to “sanitize” documents prior to collection: “over 50 of these documents disappeared, and none of these documents were disclosed to NHTSA during the 1988-1990 Bronco II investigation because Ford said it “didn’t notice” that the agency asked for these specific development documents.”

When litigation began to heat up, Ford paid a former company engineer, David Bickerstaff, $5,000,000 over eight years to lie in a series of 30 rollover cases. In June 1990, Bickerstaff sent Ford a letter in which he suggested $4,000 a day payment, to “assist you [Ford] in preparing me [Bickerstaff] to testify in Ford’s favor.” Before he was paid by Ford, Bickerstaff testified that as a Ford engineer, he was concerned about the Bronco II’s propensity to roll over. After being paid by Ford, Bickerstaff testified that while working for Ford, he was not concerned about the vehicle’s low stability index. Bickerstaff also helped Ford “rig a videotape designed to convince juries that the Bronco II was not likely to roll over, by loading a Bronco II with 900 lbs. of lead shot on the floorboards and seats in a manner that artificially lowered the center of gravity.”

Thus, in April 2001, a federal judge concluded that, as a matter of law, Ford and its witness Bickerstaff engaged in a conspiracy to commit fraud. In 2001, a federal judge in Goff v. Ford concluded that Ford had engaged in a conspiracy to commit fraud. In a 1999 decision, the Indiana Court of Appeals referred to Ford’s behavior in launching the “dangerous and defective” Bronco II as “highly reprehensible” and “the crassest form of corporate indifference to safety… of the consumer.”
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SUV.jpgGood Georgia Personal Injury Lawyers play an important role in helping stop SUV rollovers from happening. This is Part Three of The Series Concerning SUV Rollovers which covers the history of SUV Rollovers and Regulatory Response from the very beginning:

In the 1960’s Ralph Nader published Unsafe at Any Speed, a book that criticized the rollover tendencies of General Motors’ Corvair sportscar. It was later learned that GM would hire private detectives to harass and disparage Nader. Later the president of GM was summoned before a Congressional subcommittee to explain the company’s actions and to apologize to Nader.

The GM scandal brought auto safety into the spotlight and contributed to the passage of two new auto safety laws: “the National Traffic and Motor Vehicle Safety Act of 1966 and the Highway Safety Act of 1966, and the creation of the National Highway Safety Bureau. Under the Highway Safety Act of 1970, the bureau was renamed the National Highway Traffic Safety Administration (NHTSA).”

Under the law, NHTSA’s mission is to “save lives, prevent injuries and reduce economic costs due to road traffic crashes, through education, research, safety standards and enforcement activity.”
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Here is a very enjoyable, entertaining clip which explains why lawyers are so vital to helping protect those who are injured or harmed by wrongs and injustices. Good Georgia Lawyer is a proud member of the Georgia Trial Lawyers Association and thanks them for this special video:

 

 

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