Child Injury Lawyer Blog
By Stephanie F. Brown, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network
When a lawsuit is filed on behalf of a minor child in Georgia, any settlement of the lawsuit may require the approval of the Probate Court where the child resides. Georgia Code Section 29-3-3 controls the settlement of a minor’s claim. Under this statute, if the gross settlement is for less than $15,000.00, the child’s natural guardian may enter into the settlement without being appointed the child’s legal conservator and without Probate Court approval of the settlement.
For children in Georgia injured by prescription and over the counter drugs, Georgia’s Governor wants to deny them their right to recovery if the drugs were FDA approved. In an effort to encourage business in Georgia, Governor Sonny Perdue has proposed a grant of civil immunity to pharmaceutical companies from lawsuits seeking recovery for damages caused by drugs that had FDA approval. Apparently believing that the FDA is infallible and only approves safe drugs, the Governor seeks to make Georgia a more attractive state for businesses, including the biotechnology companies. This proposed legislation, however, fails to recognize the many instances when the FDA grants approval but later pulls a drug once various harmful effects are discovered in mass use by the public.
Lawsuits and insurance claims filed on behalf of children bitten by a dog are controlled by 
Georgia Governor Sonny Perdue has proposed legislation that will require the losing plaintiff / injury victim in a lawsuit to pay attorney fees to the defendant if the plaintiff’s lawsuit is dismissed as lacking “substantial merit.” Under this proposed legislation, if the defendant files a motion to dismiss the plaintiff’s claims on the grounds that the complaint fails to state a claim and lacks substantial merit, discovery will be stayed until after the judge rules on the motion. The practical effect of this provision will be to protect defendants who may very well be liable because the injured plaintiff will be unable to pursue discovery to prove the legitimacy of their claims.
Montravious Jones was recently killed by a train in Bainbridge, Georgia. The incident took place near Hutto-McIver Apartments. News reports state that the conductor blew his horn but Montravious did not respond because Montravious was deaf. Montravious was airlifted to a hospital in Tallahassee, Florida but medical care was unable to save the boy’s life. This incident involving a freight train will be investigated by the
Cobb County, Georgia police arrested a stepmother who provided alcohol to four teenagers at her home. One of the teenagers was killed later that night in an automobile accident when the car he was driving crossed the center line and collided with another car. Garrett Reed, a junior at Harrison High School, was killed in the accident in which Cobb County police believe alcohol and speed were contributing causes.
In an Eleventh Circuit United States Court of Appeals decision on January 23, 2009, the Court found that three Rockdale County (Georgia) High School football coaches were entitled to qualified immunity from a lawsuit alleging due process violations. The parents of Tyler Davis filed a lawsuit on behalf of their deceased son who died the morning after a voluntary workout session for the Rockdale County High School football team. The parents alleged that Tyler’s substantive due process rights were violated when the coaches failed to provide enough water to keep Tyler hydrated, ignored signs and Tyler’s complaints of becoming dehydrated, subjected Tyler to rigorous conditioning drills at the end of a two hour practice session, and failed to attend to Tyler until after a team meeting even though he had collapsed in the middle of the drills. The parents alleged that even though the workout was voluntary, Tyler was subject to further discipline from the coaches if he failed to perform all of the exercises and activities in the workout.
Although it has been in effect since July 1, 2004, many parents are still unaware or unsure of what the requirements are of Georgia’s child passenger safety law, O.C.G.A. §40-8-76.1. The law applies to adults and children. With regard to children, however, the law imposes more stringent requirements.
Investigators which included pediatric experts conducted an extensive study into the cause of injuries in Atlanta day care centers. While the study was conducted in 1988, its findings are still pertinent today in that the hazardous or dangerous areas in day care centers identified still persist today. These hazardous or dangerous areas that caused injuries to children in Atlanta Georgia day care centers including the following: