Georgia Environmental Legal Questions

I am only licensed to practice in Ohio and this will be a state law issue, governed by Georgia law (where the property is located).  Notwithstanding, I have a few thoughts. 1)  Proving that someone "lied" is a difficult burden.  In order to have a cause of action against the listing agent, you will need to prove that he/she intentionally or recklessly made a false statement, and that you reasonably relied upon that statement to your detriment.  If the listing agent honestly believed that the mildew problem had been remedied, he/she is probably protected. 2)  A court will likely determine that the realtor's disclosure of a mildew problem (regardless of his/her explanation that the problem had been fixed) should have alerted you and your inspector to look more closely for evidence of mold.  If the inspector could not find such evidence, a court will likely not determine that the realtor should have found it. 3)  Exposure to mold affects different people differently.  Some get sick, others don't.  Therefore, proving a connection between your exposure to mold and a specific illness will be difficult.  At the very least, you will need a medical professional's opinion to satisfy the burden of proof on the causation issue....and most doctors will not give such an opinion. My advice is to consult with a Georgia attorney with specific experience dealing with mold claims. There may be a Georgia law or regulation that I am not aware of that could help you.   Good luck. Daniel A. Brown Brown Law Office LLC, Dayton, Ohio... Read More

In Georgia, the workers' compensation law is almost impossible to penetrate.  The remedy you would have is for a defective product, namely the forklift which was missing the safety device.  You can bring a case against the manufacturer of the forklift.   The workers' comp bar would not stop your case against a third party for a defective product which it manufactured.  I used to represent a forklift manufacturer which was regularly sued by workers injured on the job by using the product.... Read More