July 2011 Archives

July 8, 2011

New Law Aids Georgia Slip Trip and Fall Victims

Slip, trip and falls are the number one cause of accidental injuries in the United States. At our Atlanta injury law firm we have seen these cases cause clients terrible medical problems for 30 years. The Georgia Court of Appeals has just made an important ruling that will aid in making recoveries for victims of these accidents.

A person who falls due to a stable or "static" defect at a store or business must show that the owner had knowledge of the condition before the fall. Sometimes it can be difficult to show when a landowner knew of a crack or hole on the property.

In Landrum v. Enmark Stations Inc., decided June 20, 2011 the Court of Appeals held that a landowner with an inadequate inspection program can be found to have constructive knowledge of the condition even when there is no direct evidence that the condition was observed before the injury. The defense can not simply say "we never saw it".

There are many special rules in handling slip or trip and fall claims and knowing the rules can make the difference between success and failure. This is a positive development for victims of these common causes of serious injury claims in Georgia.

July 6, 2011

Surveillance In a Personal Injury Case

Surveillance is a tool that is often used by insurance companies and their attorneys to see if the injured claimant is being truthful about the extent of injuries. Typically an investigator will use a camera or video equipment. The claimant is followed to see what they are doing when away from the scrutiny of lawyers and insurance adjusters.
If the injured party has exaggerated the extent of injuries, or flat our lied, a surveillance can destroy their case.
On the other hand, a surveillance can confirm that they are being truthful and this can actually lead to a settlement , since the insurance company has been satisfied that the claims are legitimate..
In our Atlanta, Georgia law office, we take great care to see that our clients are completely truthful and accurate about what they claim as injuries and damages. We want to represent only victims of wrongdoing who are honest and sincere. Truth will lead to a positive outcome. Lying will not.