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Understanding Medical Malpractice Damage Caps in Georgia
Jun 27, 2018When the Georgia Legislature enacted the Tort Reform Act of 2005, the broad package placed a $350,000 cap on noneconomic damages in medical malpractice claims. In Atlanta Oculoplastic Surgery, PC v. Nestlehutt, 286 Ga. 731, 733(2) (691 S.E.2d 218) (2010), the Supreme Court of Georgia concluded on that the noneconomic damages cap violated the right...
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Understanding Product Liability Law in North Carolina
Jun 24, 2018Unlike many other states that apply strict liability standards to product liability cases, North Carolina General Statute § 99B-1.1 establishes that there is no strict liability in tort in product liability actions in the Tar Heel State. Product liability claims in North Carolina typically involved one of three theories: design defects, manufacturing defects, or failure...
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How To Handle a Dog Bite Claim in South Carolina
Jun 23, 2018As friendly and fun-loving as most dogs are, their actions are always unpredictable. Certain canines may have a propensity to act violently toward others without provocation. In Giles v. Russell, 225 S. Ct. 513, 180 S.E. (2d) 201 (1971), the South Carolina Supreme Court held that domestic animals are not presumed to be dangerous to...
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Five Types of Nursing Home Abuse in Georgia
Jun 20, 2018Those in nursing homes are guaranteed certain rights under Georgia law. Article 5 of Chapter 8 in Title 31 of the Georgia Code is also known as the "Bill of Rights for Residents of Long-term Care Facilities." The nursing home bill of rights essentially provides residents of long-term care facilities certain rights such as the...
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Understanding Wrongful Death Law in South Carolina
Jun 17, 2018A death that is caused by neglect, a wrongful act, or at the hands of another person or party is referred to as a wrongful death. A wrongful death lawsuit is different from a survival action, which is the personal injury action the deceased would have filed had he or she survived. Both wrongful death...
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