Premesis Liability and Personal Injury
November 2nd, 2009
Many people may be under the misconception that if they are injured on someone else’s property, such as at a restaurant or a hotel, that the incident was a result of their own carelessness or negligence and that they have to bear any resulting costs themselves. This is often not the case.
At Hollberg & Weaver, we want to secure a meaningful recovery for you if you have been injured as the result of the negligence of others. We do not take every case and we do not believe that everyone who gets hurt necessarily has a claim against someone else. However, we are experienced in premises liability and the duties that property owners have with regard to people visiting their establishments. Eliminating hazardous conditions is more than a common courtesy, it is a legal duty.
What information is important in determining if a property owner is liable for the injuries I sustained on his/her premises?
There are a number of factors that must be considered in determining the viability of a premises liability case. Some of these include: (1) Was the condition on the property truly a hazard? (2) Was the property owner aware, or should he/she have been aware, of the hazardous condition? (3) Had you successfully negotiated the hazardous condition before? (4) Was there adequate warning or notice of the hazardous condition? (5) Were you distracted when you encountered the hazardous condition?
These are just a few of the things we will discuss with you and investigate if you let us handle your personal injury case.
We have had success in handling situations involving premises liability.
In one instance, Hollberg and Weaver represented a plaintiff who was injured when struck by a limb from a neighbor’s tree and suffered substantial injuries. The case went to trial and was settled on the third day of the jury trial. In another case a woman was injured when she tripped on an uneven walkway and broke her leg. We were able to satisfactorily settle her case before going to trial.
If you or someone you love has been injured by a hazardous condition on someone’s property, the attorneys at Hollberg & Weaver can offer you the experience and excellence necessary to obtain a just result. Contact us today for a free consultation to discuss how we can move forward in helping you recover for your injuries.
Tags: negligence, personal injury, premesis liability
Posted in Personal Injury | No Comments »
Atlanta civil care home vs. Georgia state agencies
December 6th, 2008
Attorney: George Weaver
Representing: Defendant: GA dept of Medical Assistance, GA dept of HR,
Carol McGuffy, McIntosh Trail Management
Date of Verdict: April 2003
Verdict: Defendant was NOT liable for the approximate $1,000,000 in lost profits and attorneys fees
Case Summary
Smith’s Quality Care (Plaintiff) owned and operated a personal care home and had a contract with GA Department of Medical Assistance (Defendant #1) to house Medicaid patients. The GA Department of Human Resources (Defendant #2) is responsible for monitoring and supervising the care that is given to Medicaid patients. Carol McGuffy (Defendant #3) is president of McIntosh Trail Management (Defendant #4) which, locates homes for Medicaid patients.
A complaint was filed which accused corporation, Smith’s Quality Care (SQC) of having inadequate food and heat. The investigation that followed resulted in SQC losing its Medicaid approval. All Medicaid patients were relocated and the personal care home subsequently closed.
SQC alleged that there was a breach of contract because they were not afforded certain rights before having their Medicaid approval revoked. Furthermore, they asserted that state agencies had denied them due process by failing to provide an adequate right to appeal the decision. Lastly, SQC argued that McIntosh Trail Management and McGuffy had unlawfully interfered with their contract when the Medicaid patients were relocated.
All charges were denied by the respective defendants. Specifically, the state agencies argued that SQC had indeed been given the right to appeal but did not properly exercise that right. McGuffy and McIntosh Trail Management maintained that the decision to relocate the Medicaid patients was made by the state and they were merely following instructions.
After 1 hour and 30 minutes of deliberation, a Carroll County Superior Court jury returned a verdict for the defendants.
The owner of SQC also claimed defemation againsMcIntosh Trail Management and McGuffy in regard to the complaint of inadequate food and heat. The verdict was again given in favor of the defendants.
sources: The Georgia Trial Reporter; Hollberg & Waver, LLP
If you have any questions or comments regarding this case, we encourage you to comment below. If you need legal representation in a similar case, please contact Hollberg & Weaver, LLP.
Tags: atlanta attorneys, cases, defendant
Posted in Atlanta Civil Rights, Business Law | No Comments »
Your Atlanta Attorneys
November 13th, 2008
As the premiere attorneys of Atlanta, Bill Hollberg and George Weaver are proud to announce the birth of the “Atlanta Attorney’s Blog.” As you visit in the future, you’ll find a plethora of valuable resources. One of the first projects will detail the results of some of Hollberg & Weaver’s past trial verdicts. Before you choose Hollberg & Weaver as your corporate attorney, personal injury attorney, or for another area of representation in Atlanta… you’ll have the ability to research our past cases through an inside perspective. The articles will be written in non-legal terminology so that anyone can understand and enjoy them… not just lawyers.
The “Atlanta Attorney’s Blog” will also include pertinent legal updates and resources. If you’re concerned about potential legislation, we invite you to blog here and express your opinions to our attorneys. We are honored to listen to the citizens of Atlanta, Georgia and believe in protecting and representing those who have been wrongfully taken advantage of. We appreciate your support of Georgia and the legal system of the United States. Please visit us frequently and feel free to contribute to this Atlanta community sponsored by Hollberg & Weaver.
Tags: atlanta attorneys, Atlanta GA Law, corporate attorneys, personal injury
Posted in Atlanta, GA Law, Business Law, Personal Injury | No Comments »
