Law Commons^™

Torts, Jarome E. Gautreaux

Mercer Law Review

This Article addresses recent cases decided during the survey period in the area of torts. This survey period is especially remarkable for a couple of cases decided by the Georgia Supreme Court that overruled prior precedents.

History Uprooted: Georgia Applies Apportionment To Strict Liability Claims, Carey Sartain

Mercer Law Review

Adrienne Johns had experience riding motorcycles for over 20 years when in 2013, total failure of the front brake on his 2006 Suzuki GSX-R1000 caused him to hit a curb, throwing him from his bike and knocking him unconscious. The accident resulted in Johns being hospitalized for over two months following spinal fusion surgery and surgery to repair his hand. Subsequent to the accident, he discovered that there had been a recall notice from Suzuki related to his bike model’s front brake. At trial, Johns proved that a design defect in the front brake had ultimately caused the brake to …

Could The Rise Of Dockless Scooters Change Contract Law?, John Kendall

Mercer Law Review

Dockless scooters have been revolutionizing the way individuals in highly populated towns and cities commute on a day-to-day basis across the country. Instead of riding the bus, individuals now have the option to pay money to ride scooters short distances and save themselves the hassle of riding on crowded buses. Among the many issues and questions this creates for lawyers and lawmakers, one particularly noteworthy issue is whether the electronic waivers and arbitration clauses scooter companies require riders to sign before operating the scooters can shield the scooter companies from liability when the unexpected occurs. Currently, the top dockless scooter …

Torts, Jarome E. Gautreaux

Mercer Law Review

This Article addresses recent cases decided during the two-year survey period in the area of torts. It includes cases in most of the areas of tort law, including medical malpractice, and addresses defenses such as immunity.

• Immunity
• Ante Litem Notices
• Food Poisoning
• Premises Liability
• Medical Negligence
• Wrongful Death

Product Liability, Franklin P. Brannen Jr., Marcus Strong, Sean P. Robinson

Mercer Law Review

This Article surveys developments in Georgia product liability law between June 1, 2017 and May 31, 2019.1 It covers noteworthy cases decided during this period by the Georgia Supreme Court, Georgia Court of Appeals, and the United States district courts located in Georgia.

• Product Liability Claims
• Elements
• Defenses
• Spoilation
• Expert Testimony—The Daubert Standard