Products Liability

Court Rejects Plaintiff’s Theory of Causation in Recent Georgia Personal Injury Case

Published on: June 4, 2019 | by McAleer Law Firm

In March 2019, a state appellate court issued a written opinion in a Georgia personal injury case discussing the element of causation, as well as the type and quantity of evidence that a plaintiff must present to survive a defense motion for summary judgment. Ultimately, the court concluded that the plaintiff failed to present any evidence showing that the defendant’s actions caused her injuries. Thus, the court affirmed the lower court’s decision to grant the defendant’s motion for summary judgment.

According to the court’s opinion, the plaintiff was a homeowner who hired the defendant to install a smoke detector system in her home. In the months after the installation, the plaintiff called the defendant several times because the system was not working. The last time the defendant was at the plaintiff’s home was November 2007.

In August 2008, the plaintiff was cooking on the stove when she went to lie on the couch. The plaintiff inadvertently nodded off, and after an estimated three or four minutes, she woke up to the smell of smoke. The plaintiff went into the kitchen, but because of the smoke, she was unsure whether the source of the smoke was the pan or the chicken that she was cooking. As the plaintiff turned the stove knob to the off position, she poured flour into the pan, in an attempt to smother the flame. The contents of the pan bubbled over onto her hand, causing serious burns. The smoke detector did not sound an alarm, and it was later determined that the smoke detector did not have a required piece installed.

Georgia Supreme Court Rejects Heightened Burden at Summary Judgment for Food-Poisoning Plaintiffs

Published on: October 2, 2018 | by McAleer Law Firm

In a recent Georgia food poisoning case, the Georgia Supreme Court reversed the lower courts’ decision to dismiss a plaintiff’s case. The case presented the court with the opportunity to discuss the appropriate burden a plaintiff bringing a food-poisoning case has at the summary judgment stage. Ultimately, the court concluded that the lower courts imposed too high a burden on the plaintiffs’ case when they required the plaintiffs to make “every other reasonable hypothesis regarding the cause of their illness.”

The Facts of the Case

The plaintiffs were two wedding guests who became violently ill several days after consuming food prepared by the defendant caterer at the wedding rehearsal dinner. The plaintiffs filed a Georgia products liability case against the caterer, claiming that the food was “defective, pathogen-contaminated, undercooked, and negligently prepared.”

The defendant caterer filed a motion for summary judgment, arguing that the plaintiffs’ case should be dismissed because they did not present sufficient evidence that the defendant’s food caused their illness. In support of its motion, the defendant caterer made the following arguments:

Georgia’s Supreme Court Holds Wrongful Death Lawsuit Limited by Previous Personal Injury Settlement

Published on: July 21, 2018 | by McAleer Law Firm

In a recent case, the Supreme Court of Georgia decided that a wrongful death lawsuit can be limited by a previous personal injury settlement. The case is an important decision for Georgia personal injury and wrongful death plaintiffs.

The Facts of the Case

A woman was in a car accident that left her in a permanent coma. Her husband filed a personal injury lawsuit on her behalf against Toyota, alleging that her Toyota vehicle had a defective seatbelt latch and door-locking mechanism. The case went to trial, but before the jury returned a verdict, the plaintiff and Toyota entered into a “high-low” settlement agreement.

The agreement provided that if the jury found in favor of Toyota, the plaintiff would still recover a certain amount of money. However, if the jury found in favor of the plaintiff, Toyota would only be liable up to a certain amount of money. Thus, the agreement guaranteed the plaintiff a recovery, but a limited one.

Court Discusses When a Georgia Personal Injury Plaintiff’s Duty to Preserve Evidence Is Triggered

Published on: April 24, 2018 | by McAleer Law Firm

In personal injury cases, before a case reaches trial, the parties engage in the discovery process. Discovery is the stage of litigation at which the parties exchange requested information that is relevant to the case or may lead to the discovery of other relevant evidence.The rules of discovery require that parties make certain evidence available for the opposing side, even if that evidence is not favorable to the party that possesses the evidence. Along those lines, the rules prohibit the destruction of discoverable evidence. A recent Georgia personal injury case takes a look at when a plaintiff’s obligation to preserve evidence arises.

The Facts of the Case

The plaintiff was the surviving spouse of a man who was involved in a serious car accident after the tread on one of his vehicle’s tires separated. After the accident, the plaintiff’s husband was taken to the hospital, where he remained unresponsive for several days.

Court Allows Evidence of Previous Accidents Involving Jeep Vehicles in Wrongful Death Case Against Chrysler

Published on: January 23, 2017 | by McAleer Law Firm

On March 6, 2012, an woman was driving her four-year-old nephew to a tennis lesson when she was hit by another car. As the woman was waiting to make a left-hand turn, a pickup truck crashed into the back of the car. The gas tank of the Grand Cherokee the woman was driving, which was located behind the rear axle, was punctured as a result of the collision. Soon afterward, gas began to leak, causing the Jeep to catch fire. The woman was able to escape, but tragically she could not save her nephew, who was in the backseat.The child’s parents filed a lawsuit against Chrysler, alleging that it acted with a reckless or wanton disregard for human life in its design or sale of the Grand Cherokee and breached a duty to warn the public of the danger. The case went to trial, and the jury found in favor of the parents. On appeal, Chrysler argued the court should not have allowed the jury to hear evidence about 17 other rear-end collisions involving Jeeps. In Chrysler Group LLC v. Walden, a Georgia appeals court found the trial court properly allowed the jury to hear the evidence.

To support the claim that Chrysler knew of the danger of the gas tank’s location, the parents submitted evidence of 17 other crashes involving Jeeps in which the Jeeps were rear-ended and gas leaked. In those cases, the fuel tanks were also located behind the rear axle. In those incidents, the Jeep was rear-ended, and fuel escaped from the tank. The parents also presented evidence that Chrysler had notice of those crashes before this tragic crash occurred.

Georgia Court Declines to Sanction Woman for Destroying Car Before Suing Tire Manufacturer for Husband’s Death

Published on: January 4, 2017 | by McAleer Law Firm

In a recent case, a woman sued a tire manufacturer after her husband died in a tragic car accident. She alleged that the company was liable based on negligent design and manufacturing, strict liability, and failure to warn, arising from the tire’s tread separation. The parties exchanged discovery, and during that period, the company learned the woman had kept only the “carcass” of the tire from the accident. The issue arose whether the woman should have retained the entire vehicle, and if so, whether she should face any court sanctions for destroying the vehicle.Apparently, after the accident had occurred, a service came to transport the wrecked car. The owner of the service later told the woman she was incurring a daily storage fee to keep the car there. The company’s owner offered to sell the car to a salvage yard in exchange for waiving the fee. The car had been totaled, so the woman did not see any reason to keep the car and agreed to allow the owner to sell the car. At the time, the woman’s husband was still alive in critical condition and had told the woman the tire had blown up and caused the accident. Thus, thinking the tire may be a necessary piece of evidence, the woman told the owner to keep the left rear tire. Although the tire itself was saved, the remnants of the detached tread, the other tires, and the wheel on which the tire was mounted were all destroyed.

Because of the woman’s actions, evidence relevant to the lawsuit had been destroyed. As a result, the tire company moved to dismiss the complaint or to bar the woman from presenting evidence to rebut the company’s defense as a sanction for the woman’s conduct. A Georgia court denied the company’s motion and declined to sanction her for her conduct. A Georgia appeals court upheld the decision. The court agreed that it was not reasonably foreseeable for the woman at the time to have known litigation would occur. Thus, her duty to preserve evidence was not triggered, and she was not sanctioned.

Understanding the Types of Property Liability Cases

Published on: April 23, 2015 | by McAleer Law Firm

If you are a property owner, you have certain obligations under federal, state and local laws. While these can vary, it is important to know that property owners are obligated to keep their buildings and land safe for those who are visiting or doing business there. If you fail to do this, then innocent people may suffer a personal injury that leaves them with extensive medical bills and other issues. However, while you may be aware of the most common property liability cases, here’s a glance at some additional ones for you to be familiar with.
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How To Prove That a Product Is Defective

Published on: February 12, 2015 | by McAleer Law Firm

Defective products are made by manufacturers every single day, but most do not end up causing injury to the consumer. Those that do are subject to litigation, but proving a product is defective can be difficult. Our Atlanta accident injury lawyers have some tips for how you can tell if you have a case against a product manufacturer.
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The 3 Types of Defective Liability Claims You Should Know

Published on: January 26, 2015 | by McAleer Law Firm

Injuries and other damages can be caused by faulty products, and these defects typically result in a product liability claim. Here are the three main types of defective liability claims that most Atlanta personal injury law cases fall under.

Bounce House Disaster

Published on: September 29, 2014 | by McAleer Law Firm

In mid-May of this year, three kids –ages 5, 6 and 10 fell out of an inflatable bounce house after a gust of wind lifted it 50 feet off of the ground. According to witnesses, they saw the bounce house rise above both the trees and a nearby apartment building due to the small tornado. The 10-year-old girl fell out first. She sustained scrapes and a minor injury to her shoulder. As the inflatable floated higher, the other two children fell out. One boy was dropped onto a parked car and the other landed in the street. Witness Taylor Seymour recalls, “It dropped off the first little kid in the middle of the road, then it came the other way, it passed over my apartment, it dropped the second one, he hit his head on the back of my car and then he fell to the ground.” The boy who landed on the car suffered a serious head injury and the boy landing on the pavement suffered two broken arms, a broken facial bone and jaw and a ruptured spleen. The bounce house floated over a stretch of woods and landed in an athletic field behind a middle school.