Question
Your firm has been asked by the state court to represent an inmate in one of your state prisons who was severely injured when he
Your firm has been asked by the state court to represent an inmate in one of your state prisons who was severely injured when he was electrocuted as a result of reaching up and screwing in a light bulb above his bed. He was in solitary confinement at the time and had repeatedly requested that this light bulb be repaired as it had bare wires hanging down from the ceiling. The inmate had to stand on his bed in order to reach the light. This was the only light in his room, and without it, he was in total darkness.
Before deciding whether to represent this inmate in a negligence suit against the prison, your supervising attorney asks you to do some preliminary research as follows:
1. She wants you to read the immunity statutes in Georgia, USA regarding state institutions. What do you discover? Can the prison be sued? Can the individual guards be sued?
2. She is concerned that the inmate was negligent himself. What will you need to do to determine if he was negligent?
3. The inmate has been trying to find someone to represent him for about a year. He was hospitalized for his injuries 13 months ago. What is the statute of limitations in Georgia for a negligence action? Is this statute tolled while a plaintiff is incarcerated?
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Answer 1 i In Georgia sovereign immunity statutes often protect state institutions including prisons from certain lawsuits However there may be exceptions or limitations ii Its crucial to review the specific statutes and evaluate whether any exceptions apply Individual guards might also have qualified immunity but this can depend on the circumstances 2 i To determine if the inmate was negligent youll need to investigate the facts surrounding the incident This includes examining whether he took reasonable precautions given the circumstances and whether his actions contributed to the injury ii Gathering witness statements and reviewing prison ...Get Instant Access to Expert-Tailored Solutions
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