Narrator: This is Legal Break on WTVM with attorney, Gary Bruce answering your questions about the law.
Question One: Hi Gary, what if I fall down at a football stadium and I break my ankle, do I have any legal rights?
Gary Bruce discusses property damage and bodily injury cases that often arise from a car wreck. These are two separate cases – one for the vehicle or property damage, which has a four year statute of limitations and separate case for your bodily injury, which has a two year statute of limitations. Any car wreck will involve property damage, but whether you’re hurt or not is another question. The bodily injury aspect of a case involves how an injury impacts one’s everyday life: the ability to do your job, complete everyday tasks, etc. Because pain and suffering damages are available for the bodily injury aspect of a case, many people believe that those same damages should attach to their personal property.
Gary Bruce announces the annual Safe Kids Helmet Giveaway and explains why this is such an important event. Georgia and Alabama law requires that everyone under the age of 16 riding on the road, sidewalk, or a bike path wear a helmet. There are 1200 hospital visits for bike, scooter, skate and skateboard accidents every day – 11-15% of which are for head injuries.
The Safe Kids Helmet Giveaway not only provides helmets for children and teens 14 and under, but also instructs participants on properly fitting a child for a helmet. This year’s giveaway will take place this Friday, December 15th from 4-6 PM at the Columbus Library. We hope to see you again next year! [Read more…]
Gary Bruce discusses eminent domain in the context of recent intentional government flooding which occurred in Texas during hurricane Harvey. When the government effectively takes one’s property for the greater good, the government owes just compensation to those whose property was taken. Texas citizens whose property was flooded in order to save other areas are using eminent domain to recover for their losses.
Gary explains that this might be easier than recovering via one’s homeowner’s insurance, because a homeowner’s policy may not cover flooding or there may be some sort of natural disaster exception. If you have any questions about government takings please call the Law Offices of Gary Bruce at (706) 596-1446 or email firstname.lastname@example.org to set up a meeting and a free, confidential, no-obligation consultation.
Gary Bruce discusses sovereign immunity in the case of A.J. Burgess – an Atlanta toddler who was in need of a kidney transplant. A.J.’s father, Anthony Dickerson, was scheduled to donate his kidney to A.J., but was denied the surgery because he was arrested for a parole violation just prior to the scheduled operation.
Gary talks about the state’s liability in this kind of situation, and whether a lawsuit could have been filed if there were complications due to the transplant denial. The ability to sue the state arises from a waiver of the common law which gives states sovereign immunity. This means the state doesn’t get sued unless the state approves the lawsuit. There are stringent requirements for suits against the state. The case must fulfill certain requirements and notice must be provided to the state as well as any agencies that may be involved. The time to provide such notice can be very short – sometimes as little as 6 months, so hiring a lawyer in these situations is very important.