Georgia Personal Injury Law Blog


By Montlick & Associates

Our Atlanta Personal Injury Attorneys at Montlick and Associates would like to welcome you to our legal blog. The blog is designed to provide helpful information to injury victims about their legal rights and remedies, and to promote family safety so that accidents can be prevented before they happen. While our attorneys and staff have provided information on many topics, we know that you may have specific questions based on your unique situation. We invite you to contact us for your free consultation with one of our Atlanta Personal Injury Lawyers so that we can evaluate your case, let you know about your legal rights and the steps that need to be taken to protect those rights, and to address your specific concerns and questions.

No matter where you are located our attorneys are just a phone call away, and we will even come to you. Call us 24 hours a day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). Or use our Free Case Evaluation Form or 24-hour Live Online Chat.


Dog Bite Cases: Potential Evidence of an Owner’s Knowledge of the Dog’s Viciousness

September 18, 2014
Posted by David Montlick

While dog bite laws differ from state to state, the knowledge of a dog owner that his or her dog has a tendency to be vicious can be an important issue in a Georgia dog bite lawsuit. This knowledge requirement is sometimes referred to as the "scienter requirement". This element of a dog bite claim is also sometimes referred to as the "one bite rule", but this terminology is misleading because the dog need not have bitten anyone in the past, and the dog does not get "one free bite".

Why Nursing Home Abuse Victims Need an Experienced Atlanta Nursing Home Attorney

September 16, 2014
Posted by David Montlick

When families entrust their aging loved ones to the care of a nursing home, they expect that the facility will provide adequate staffing both in terms of the quantity and quality of staff. If a nursing home cuts corners or fails to conduct adequate screening and supervision of staff members, the consequences for vulnerable nursing home residents can be devastating. Because elderly nursing home residents might suffer from cognitive limitations cause by Alzheimer's disease or dementia, residents might have a harder time alerting loved ones or seeking help when they are being mistreated, neglected or abused.

Parking Lot Accidents Can Raise Special Issues

September 16, 2014
Posted by David Montlick

While Georgia drivers typically are attentive and cautious when traveling our streets and interstates, they might be a little less vigilant in parking lots. Drivers in parking lots can have a false sense of security because there are fewer moving vehicles, and drivers traveling through a parking lot tend to move at low rates of speed. However, a fairly sizeable number of auto collisions occur in parking lots. Further, these parking lot accidents often cause painful injury and costly vehicle damage.

Seven Vehicle Manufacturers Recall 10 Million Vehicles Linked to Exploding Airbags

September 16, 2014
Posted by David Montlick

Airbags have saved many lives and prevented car accident victims from suffering more severe injuries. However, defectively designed airbags can provide a false sense of security or expose vehicle occupants to even more serious injury. A study conducted by the National Highway Traffic Safety Administration (NHTSA) found that frontal airbags saved 2,788 lives in a one year period. Despite these benefits, faulty airbags have allegedly caused hundreds of deaths and many more injuries.

Jury Returns $1.2 Million Verdict in Jesse Ventura Defamation Lawsuit Against Chris Kyle

September 16, 2014
Posted by David Montlick

While massive judgments in defamation suits might not be an everyday occurrence, Jesse Ventura recently convinced a California jury to award him $1.8 million in damages. The former governor of Minnesota and pro wrestler prevailed in a lawsuit that named Chris Kyle, author of the book "American Sniper", as a defendant. The focus of the defamation lawsuit was a claim in the New York Times' best seller that Kyle "decked" Ventura after reportedly hearing Ventura claim that the Navy SEALS "deserve to lose a few". Prior to Kyle's death last year, he denied that he made the story up despite Ventura's claim that the incident was fabricated.

Debate Emerges Over Whether Georgia’s “Move Over” Law Is Broken

September 16, 2014
Posted by David Montlick

Our Atlanta auto accident lawyers at Montlick and Associates have written before about the importance of Georgia's "move over" law. The purpose of the law is to protect those providing emergency services and otherwise performing work on the side of Georgia roadways. The law requires motorist to move over when emergency personnel or DOT personnel working adjacent to the roadway have their lights flashing. If the circumstances make it unsafe to move to an adjacent lane, then drivers are supposed to reduce their speed. However, the law, which is designed to protect police, firemen, EMTs, DOT workers, tow truck drivers and other emergency responders, has recently come under attack by skeptics who claim the law is not being used for the purpose intended.

J&J Voluntarily Recalls Power Morcellators Over Concerns of Spreading Cancerous Cells

September 15, 2014
Posted by David Montlick

Johnson & Johnson (J&J) announced a worldwide voluntary recall of its morcellator medical devices due to concerns of spreading cancerous cells. Removal of the device from the market follows J&J's Ethicon Inc. subsidiary's decision to suspend global distribution of the surgical tool three months ago. Ethicon is one of the biggest manufacturers of the device.

New Report Indicates Georgia among Top 10 States for Dog Bite Claims

September 04, 2014
Posted by David Montlick

A recently released report provided by the Insurance Information Institute (III) and State Farm® indicates that Georgia is among the top ten states for dog bites claims.  State Farm® is the largest provider of homeowners’ insurance policies in the United States.  During 2013, the insurer allegedly paid 106 Georgia dog bite claims that resulted in a total payout in the amount of $2.1 million.  The report demonstrates that our state has a ways to go in terms of adequately protecting individuals from dangerous dogs and indifferent dog owners.

Common Factors Involved in Sleep Deprived Auto Accidents

September 03, 2014
Posted by David Montlick

Motor vehicle accident rates spike during the summer months for a number of reasons, but one possible factor involves the number of drivers traveling for vacation.  Drivers might be motivated to push to reach a vacation destination despite fatigue from a significant number of hours behind the wheel.  Similarly, drivers on vacation might keep later hours, consume alcohol and neglect their need for sleep.  Because our experienced Fulton County car accident lawyers recognize that sleepy drivers are much more likely to be involved in a serious collision, we encourage Georgia motorists not to drive when they are sleep deprived.

Montlick and Associates Encourages Georgians to Have a Happy and Safe Labor Day

August 26, 2014
Posted by David Montlick

Labor Day weekend means family outings, sports events, camping trips and travel for many people, but traffic accidents also are more common on holiday weekends because of the increased traffic and the tendency to celebrate with alcohol.  According to the Insurance Institute for Highway Safety (IIHS), Laborl Day weekend car accidents claim the lives of an average of 161 people across the U.S. each year.  The IIHS also reports that four out of every ten of these fatalities involve an intoxicated driver. 

Jury Awards Double Amputee $20 Million in Horrific Georgia Railcar Accident

August 08, 2014
Posted by David Montlick

A worker who was allegedly injured when he was hit by a railcar after the railcar’s hand brake failed was awarded over $20 million by a Georgia jury.  The award was one of the most substantial jury awards returned by a Georgia jury in 2012 according to a recent summary of the largest 2012 verdicts in Georgia compiled by the Daily Report.

Police Remind Public to Move-Over in Wake of Two Recent Accidents

August 07, 2014
Posted by David Montlick

In the wake of two separate incidents where emergency workers were struck by motorists in the span of two days, law enforcement authorities are reminding the public about Georgia’s “Move Over” law according to an 11 Alive report.  The report indicates that a DeKalb County woman has been charged with reckless driving and DUI after she hit a Sandy Springs police officer on the side of the road.  The force of the impact propelled the police officer’s cruiser over a hundred feet from a stopped position according to the report.  Earlier the same week, Patrick Brownlee, a tow truck driver, died after he was hit on I-20 while trying to load a disabled vehicle.  Our personal injury attorneys and staff at Montlick and Associates offer condolences to the victims and their families and urge motorists to respect Georgia’s move-over law.

NYC Settles Wrongful Death Claim Involving Alleged Fatal Beating of Inmate for $2.75 Million

August 07, 2014
Posted by David Montlick

New York City has settled a wrongful death claim for $2.75 million that involves the death of a prison inmate.  Ronald Spear’s family claims that guards brutally beat their loved one to death according to the New York Times.  The settlement was reached after the medical examiner determined that the death was a homicide caused by “blunt force trauma” to the head.  The medical examiner’s report also indicated that Spear suffered blunt force trauma to his torso and arms.  Spear walked with a cane and had kidney issues at the time of the attack according to the court filing.  The lawsuit alleged that the attack was in retaliation for Spear’s complaints that prison doctors and guards were withholding treatment for his kidney condition.

Vanderbilt University Program Demonstrates How Higher Hand-Washing Rates Can Prevent Hospital Infections

August 07, 2014
Posted by David Montlick

Medical malpractice in a hospital setting can take many forms, such as wrong limb amputation, failure to diagnose a heart attack and other potentially life-threatening medical errors.  One of the most significant and overlooked form of medical malpractice that can threaten patient safety involves inadequate hygiene and infection prevention measures.  A recent program implemented at Vanderbilt University Hospital has focused attention on both the need for improvement and the potential effectiveness of better hygiene measures.

Liability of a Company for an Employee’s Car Accident in Georgia

August 05, 2014
Posted by David Montlick

Many Georgia employees regularly drive company vehicles, or they are issued a company vehicle by their employer.  These vehicles are used to commute to and from work and to perform employer-related tasks.  If you are struck by a pizza delivery vehicle, there is a good chance that the driver’s personal insurance coverage and assets might be insufficient to cover the full value of your damages.  Because the employer will have deeper pockets and more extensive insurance coverage, the liability of the company can be a critical issue when seeking compensation for car accident-related injuries and associated losses.


Please Note:
Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied up as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.