When death is truly instantaneous, the value of a survival claim shrinks because its central component, conscious pain and suffering, depends on the victim having survived and been aware after...
When the person killed by another's negligence left no husband or wife, Georgia does not leave the claim without an owner. The law sets a clear order of who may...
Georgia takes a more defined approach to informed consent than many states. Rather than leaving disclosure entirely to a general standard, O.C.G.A. § 31-9-6.1 sets out specific categories of information...
Showing a safer alternative design is not a rigid, stand-alone requirement in Georgia, but it is one of the most important factors and is often decisive in practice. Under Banks...
A fall that fractures a resident's hip can lead to facility liability in Georgia, but not automatically. Liability depends on whether the nursing home failed to take the precautions that...
The economic part of a Georgia wrongful death recovery is based on the decedent's gross earnings, not earnings reduced by what the decedent would have spent on personal needs. Georgia...
A Georgia wrongful death award is split among the surviving husband or wife and the decedent's children using an equal-share method, adjusted by a guaranteed minimum for the spouse. The...
A memory-care unit in Georgia is expected to control its exits as part of providing the safe, supervised environment that residents with cognitive impairment require. Rather than a single statute...
Anesthesia mistakes that injure a patient can support a medical malpractice claim in Georgia when the care fell below the accepted standard for administering and monitoring anesthesia. These cases are...
When minor children are beneficiaries of a wrongful death recovery, Georgia courts play a protective role, and settlements affecting a minor's interest generally require court involvement before the minor's share...