Georgia Injury Lawyer Blog

On Monday, February 21st, seven prison guards from Macon State Prison were arrested on charges of beating Mr. Terrence Dean, a client of Williams Oinonen LLC, so badly that he sustained brain injuries and was partially paralyzed.

The Georgia Bureau of Investigation found that the guards had assaulted Mr. Dean: Georgia Bureau of Investigation spokesman John Bankhead stated that the seven prison guards-- Christopher Hall, Ronald Lach, Derrick, Wimbush, Willie Redden, Darren Douglass Griffin, Kerry Bolden and Delton Rushin -- were arrested Monday after they reported to work at the prison.

The GBI investigation began amid reports that guards attacked inmates at two state institutions - Macon State Prison and Smith State Prison near Savannah. The alleged assaults came at the end of a six-day protest and work stoppage at nearly a dozen facilities.

All seven guards were charged with aggravated battery and violating their oaths of office.

The arrests follow a prison strike within Georgia's Department of Corrections. In December, inmates in at least four prisons throughout Georgia refused to work until conditions improved. Williams Oinonen LLC represent multiple clients who have been victims of these recent prison guard beatings.

The New York Times spotlighted the recent arrest mentioning Mario Williams, the attorney heading the case from Williams Oinonen LLC. Additionally, our firm was pleased to see that the Atlanta Journal Constitution also wrote a very substantial article on the prison guard arrest.

Georgia business lawyer explains: Implied Warranties in Georgia: What if a merchant sells you a product "as is" that turns out to be defective? Is there anything you can do?

Under Georgia law the answer is perhaps. First, if the seller made an express warranty to you (such as claiming that the product was new or in great condition and it turned out to be defective) they cannot get out of honoring that express warranty to you despite disclaiming an implied warranty. In City Dodge, Inc. v. Gardnere , 232 Ga. 766, 208 S.E.2d 794 (1974), the Georgia Supreme Court said that an express warranty that the car dealer made was not negated even though the car dealer sold the car "as is" in the purchase agreement.

Additionally, even if a seller has sold you a defective product "as is" you can "revoke the acceptance" as soon as the product is delivered to you. Esquire Mobile Homes, Inc. v. Arrendale, 182 Ga. App. 528, 356 S.E.2d 250 (1987). The Georgia Court of Appeals has stated that revocation of acceptance under O.C.G.A. § 11-2-608 is an available remedy even where the seller has attempted to limit its warranties .

What is "Revocation of Acceptance?" Revocation is an available remedy even where the seller has attempted to limit its warranties by use of "as is" language under O.C.G.A. § 11-2-316. See Prudential Metal Supply Corp. v. Atlantic Freight Sales Co., 204 Ga. App. 439, 419 S.E.2d 520 (1992).

A buyer must pay at the contract price for any goods accepted. Ga. Code Ann. § 11-2-607(1). However, a buyer is entitled to accept or reject goods which fail to conform to the contract by rejecting or accepting the whole, or by accepting any commercial unit or units (Ga. Code Ann. § 11-2-105(6)), and rejecting the rest. Ga. Code Ann. § 11-2-601. Acceptance occurs when, after a reasonable opportunity to inspect the goods, the buyer indicates the goods are conforming or that he will take them despite the nonconformity, or the buyer acts in a manner inconsistent with the seller's ownership. Ga. Code Ann. § 11-2-606. Acceptance of any part of a commercial unit is acceptance of the whole unit. Ga. Code Ann. § 11-2-606(2).

So how do I revoke acceptance? Within a reasonable time after delivery or tender, you the buyer are entitled to reject nonconforming goods under the provisions of Ga. Code Ann. § 11-2-602 if you seasonably (that means timely) notifiy the seller of your rejection. Moreover, even after acceptance, you the buyer have a right to revoke acceptance under the provisions of Ga. Code Ann. § 11-2-608 for nonconformance that substantially impairs the value of the goods. (For example the car you bought blew up or the bags of rice you purchased are filled with rat droppings) Griffith v. Stovall Tire &c. Inc., 174 Ga. App. 137, 139 (329 S.E.2d 234) (1985)

Most importantly, revocation is an available remedy even where the seller has attempted to limit its warranties by use of "as is" language under Ga. Code Ann. § 11-2-316.

Consequently, we have discussed two ways to seek remedy even when the seller disclaimed the implied warranty. First, if an express warranty was made, the implied warranty disclaimer is negated. Second, even if there was an implied warranty disclaimer, the buyer can still "revoke acceptance" if the goods don't conform as to what was expected and you notify the seller in a timely manner or if the goods are so bad that they substantially impair the value of the goods, you can still revoke the acceptance even after acceptance has been made.

Other grounds for seeking remedy even if an implied warranty has been disclaimed are actions for fraud, deceit, negligent misrepresentation, and our favorite cause of action---the Georgia Fair Business Practices Act.

Continue reading "Georgia Business Lawyer Explains: What If You Are Sold A Product "As Is" And It Turns Out Defective? Can You Get Out Of The Contract Under Georgia Law?" »

Georgia Contract Lawyer explains: When you are sold a product in Georgia, the product is generally covered by something called an "implied warranty." This means the seller (who needs to be a regular merchant for the type of goods he sold you) warranties that what they've sold you is okay for use. The legal terminology is that they are warranting that the product they sold you is "fit for the ordinary purpose that the good is generally used for."

The only way that a seller can get out of such an implied warranty is if he tells you (the consumer) before he actually sells you the product that he is selling it "as is" i.e. without a warranty.

Let's look at what the law states under OCGA § 11-2-314 about implied warranties:

(1) Unless excluded or modified (this means unless the seller makes a disclaimer to the buyer that he is selling the product "as is"), a warranty that the goods shall be merchantable is implied (that means it is in existence even if the seller didn't expressly say so) in a contract for their sale if the seller is a merchant with respect to goods of that kind. (This means implied warranties generally only work for if the seller regularly sells those types of goods: i.e. a car dealer generally sells cars vs. your neighbor selling his on Craigslist, a department store generally sells clothing vs you selling clothes at your yard sale and a grocery store generally sells lemonade vs. the kid at the lemonade stand. In these cases, there is no implied warranty at the lemonade stand, yard sale, or on Craigslist: implied warranties only exist for the sellers who generally sell those types of goods, unless you have a trade relationship or course of dealing relationship...e.g... you buy gallons of lemonade from your neighbor every week) Under this Code section the serving for value of food or drink to be consumed either on the premises or elsewhere is a sale.

(2) Goods to be merchantable must be at least such as:

(a) Pass without objection in the trade under the contract description; and

(b) In the case of fungible goods, are of fair average quality within the description; and

(c) Are fit for the ordinary purposes for which such goods are used; and

(d) Run, within the variations permitted by the agreement, of even kind, quality, and quantity within each unit and among all units involved; and

(e) Are adequately contained, packaged, and labeled as the agreement may require; and

(f) Conform to the promises or affirmations of fact made on the container or label if any.

(3) Unless excluded or modified other implied warranties may arise from course of dealing or usage of trade.

Thus under Georgia law, you can be assured that unless a merchant sells you a product "as is", and there is privity between you and the seller (you and the seller had the buy-sell relationship--i.e. the transaction was between each other,) there exists an implied warranty that protects you the consumer. This implied warranty will allow you to be sure that the good you've purchased is fit for ordinary purpose. Thus, if you purchase a car and it blows up or you buy a steak at a restaurant and it has a sharp metal object in it---you can consider whether the implied warranty of merchantibility has been broken.