Atlanta Injury Lawyers Blog

I came across an article which appeared in The Atlanta Journal-Constitution's Take to Task section. An Atlanta citizen wrote the newspaper complaining that a very large concrete storm drain cover was dislodged and causing a hazard. The storm drain is located on Memorial Drive in front of Oakland Cemetary.

What caught my eye is that the Atlanta citizen who complained about the damaged storm drain cover noted that there was accumulated dirt and weeds growing in and around it. This strongly indicates that the damaged storm drain cover has been dislodged and causing this dangerous condition for over a year. This is important because the City of Atlanta, as a municipality, is liable for all injuries caused by the defective storm grate once the City knew or should have known of the defective condition. Once this is established, the defective condition is considered a nuisance and liability attaches to the City. Other ways in which the knowledge of the City can be proven is by establishing that other people have been injured by the defective condition and filed claims against the City or by showing that others have complained to the City about the defective condition prior to the injury in question.

The problem with particular storm grate cover is that part of the cover rests in the gutter and the other end is thrust up in the air where it can easily snag bicyclists or pedestrians who are trying to pass by.

Continue reading " City of Atlanta Potentially Liable For Hazard " »

On July 4, 2006, a family was traveling along Rte 29 when the limb from an oak tree fell on their car. Due to the fallen tree limb, the husband suffered a broken neck and permanently lost the use of his right arm. The driver lost control of the SUV after the tree limb landed on the car, which caused the SUV to hit the guard rail on the opposite side of the road.

The verdict was against the State for failing to properly maintain the roadway, as the oak tree had apparently been weakened by flooding and showed signs of rot, yet the State failed to take appropriate action to ensure the roadway was safe. $6 Million Article.

If a private property owner in Georgia has prior knowledge that their tree is unsafe they will likely be liable for damages that stem from the tree throwing off limbs or falling. "Prior knowledge" can be established by a letter sent to the property owner putting them on notice or by obvious conditions that would indicate that the tree is unsafe such as falling limbs, rot or decay.

Continue reading " Tree Limb Accident Ends in $6 Million Verdict " »

The Atlanta City council has approved a $325,000 payment to a woman who tripped and fell on a broken City of Atlanta water meter. The injured Atlanta citizen originally sought over $1 million when she hurt herself when she stepped through a broken water meter cover that was not properly maintained by the city.

While the City of Atlanta is often immune from the type of negligence claims asserted against private entities, there are many legal theories under which people hurt by the wrongful acts of the City of Atlanta can recover. One such theory is nuisance. Under a nuisance claim, the injured party claims that the City of Atlanta has maintained a dangerous condition and has not corrected the danger, even after the City knew, or should have known of the danger.

In order to maintain a nuisance claim against the City, one must first "put the City on notice." Under Georgia law, before an action for personal injury or injury to property can be brought against the City or other municipal entity, one must first send a written ante litem notice.

Continue reading " City of Atlanta Pays $325,000 to Woman Injured on Broken Water Meter " »