Earlier this month, an appellate court issued a written opinion in a Georgia premises liability lawsuit filed by the surviving spouse of a man who was killed in a farm accident. The case required the court to determine whether the defendant farm owner could be held liable for the death of the plaintiff’s husband. Ultimately, the court concluded that the plaintiff’s husband assumed the risks involved with the work he was doing at the time he died, and therefore his wife was not entitled to pursue a claim against the farm owner.
The Facts of the Case
The plaintiff’s husband was a long-time employee of the defendant farm owner. The defendant and his son trained the plaintiff’s husband on the various tasks that he was to perform around the farm, and they made all necessary tools available for use.
One day, the defendant asked the plaintiff’s husband to remove two large tires from a tractor. The defendant told the plaintiff, however, not to remove the wheels by himself and to get assistance from someone else around the farm. Later that day, the defendant’s father-in-law was playing with his granddaughter when he saw the plaintiff’s husband removing the wheels of the tractor by himself. One of the wheels was easily removed without incident, but the plaintiff’s husband was having difficulty removing the second wheel.
The father-in-law eventually offered to get a hydraulic jack for the plaintiff’s husband to use. The father-in-law brought the jack and then told the plaintiff’s husband to wait for him to return from dropping his granddaughter off back at the farm house. When the father-in-law returned approximately 20 minutes later, the plaintiff’s husband was lying on the ground underneath the second tractor tire. He had died from the injuries he sustained.
The plaintiff filed a Georgia wrongful death lawsuit against the defendant, making several negligence claims. However, the court determined that the plaintiff’s husband knew the risks involved in the type of work that he was doing and decided to perform the work anyway. The court also noted that he was specifically told not to perform the job on his own. In choosing to proceed in the manner he did, the plaintiff’s husband assumed those risks. As a result, the court held, the plaintiff cannot pursue a claim against the defendant.
Have You Been Injured in a Georgia Accident?
If you or a loved one has recently been injured in any kind of Georgia accident, you may be entitled to monetary compensation. The skilled Georgia wrongful death attorneys at McAleer Law have extensive experience assisting victims and their families with seeking the compensation they need and deserve. Call 404-622-5337 to schedule a free consultation with an experienced Georgia personal injury and wrongful death attorney. Calling is free, and we will not bill you for our services unless we are able to help you obtain the compensation you deserve.
See More Posts:
Georgia Court Determines Steep Stairway Without Handrail May Constitute Hazard in Recent Premises Liability Case, Georgia Injury Attorney Blog, December 4, 2017.
Court Excludes Key Witness at Trial Due to Plaintiff’s Failure to Identify Witness Before Trial, Georgia Injury Attorney Blog, September 27, 2017.