WHAT IS GEORGIA’S ATTRACTIVE NUISANCE DOCTRINE?

While having a swimming pool or a jungle gym in your backyard might make for a wonderful home with great reason to spend more time outside when the weather is nice, it’s important to recognize the risk one of these features might bring. Georgia’s personal injury law includes a statute known as the “Attractive Nuisance Doctrine” which holds premises owners accountable for the safety of children who enter their property because of a feature when they do not recognize the risk.

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DISABILITY CLAIMS CAN BE BASED ON PAIN, FATIGUE & DIMINISHED CONCENTRATION

Under ERISA, before denying a long term disability claim, an insurance company or “plan” has “the responsibility to fully investigate” that claim. Capone v. Aetna Life Ins. Co., 592 F.3d 1189, 1199-1200 (11th Cir. 2010). However, instead of performing their responsibilities properly, many insurance companies hire and rely exclusively upon the report of non-examining, file-reviewing, physician consultants. Insurance companies typically use these consultants to deny benefits based upon the consultant’s implicit credibility determination that a Plaintiff’s subjective complaints of pain, Continue reading “DISABILITY CLAIMS CAN BE BASED ON PAIN, FATIGUE & DIMINISHED CONCENTRATION”