Georgia Injury Lawyers Blog

The widow of a man staying at a Jesup,Georgia motel has had her wrongful death lawsuit against the motel dismissed in a decision by The Georgia Court Of Appeals.In the lawsuit the wife claimed that she had called the motel out of concern for her husband's health & asked them to look in on him. The motel employees did not do so and he was later found dead.This ruling points out that there are certain duties & obligations of landowners & proprietors to people who come into their business but the legal duties do not require them to be caretakers. The basic rule requires the business to keep the premises safe and not to create a hazard which cannot be discovered by the customer. While this duty in Georgia is important for customers' protection from injury, the law in Georgia does not make the business operator an insurer for every possible situation. Our personal injury lawfirm here in Georgia has handled all types of injury cases against landowners & businesses where injuries or death occur. The law in this area is called PREMISES LIABILITY LAW.It is , to be blunt, tricky. Handling these cases requires an intimate knowledge of this area of law & substantial experience in these type of cases.
Fulton County Daily Report - February 15, 2010 "Panel: Motels don't have to check on guests"

Our Atlanta law firm has gone to court on behalf of patients hurt by medical devices for 30 years. The use of computer assisted devices and software has been a new source of danger for patients and doctors.

On its front page, the New York Times (1/24, A1, Bogdanich) reports that complex software flaws, faulty programming, poor safety procedures or inadequate staffing and training have caused serious errors in radiation cancer treatments. Lack of oversight and difficulty knowing when radiation errors even occur have been reasons why so few lawsuits have been brought. New York, a leading state in monitoring radiotherapy and collecting data about errors, found patterns of accidents including records of 621 radiation technology mistakes from 2001 to 2008.

Medical device and radiation software errors require the highest level of expertise to investigate and evaluate. Our firm has worked with nationally renowned oncologists, radiation engineers and developers to investigate, identify and prove these types of medical technology failures.

It has come to light in the national news that the National Highway Transportation Safety Administration had conducted a study which confirmed what most everyone knows: talking or texting on a cell phone is dangerous and increases the likelihood of an accident. According to the numerous news reports this federal agency withheld the findings out of concern that it would stir up a hornets nest in Congress. The thinking supposedly was that it would force political decisions about enacting legislation to limit or prevent cell phone use while driving. This follows recent events where train collisions have occurred while operators were supposedly texting.
While political considerations may interfere with safety regulations at the Federal or State level, including here in Georgia, there are no limitations on how this safety issue is handled in our Atlanta, Georgia serious injury truck and auto accident law firm. As part of every investigation we make in vehicle collision cases, we determine if the at-fault driver was distracted by cell phone use. When we file suit, we aggressively pursue this issue in discovery, which includes cross examining the driver and witnesses on the subject, subpoening cell phone records and taking all other measures to see if this played any part in the negligence of the driver.

The New York Times - July 20, 2009

In Georgia, where a bar, restaurant or for that matter any other person provides alcoholic beverages to someone who is noticeably intoxicated and is known to be intending to drive a vehicle can be held legally liable for injuries or death which result from a drunk driver. This type of case is called a Dram Shop claim.
A recent decision from the Court of Appeals in the State of NY has been reported, Noleen G. Walder, Law.com July 14, 2009 In that case a plaintiff sought to sue a convenience store company which sold alcohol to a drunk driver. The Appellate Court dismissed the case, not allowing testimony that alcohol could be smelled on the purchaser.
This court ruling points out the pitfalls that can exist in Dram Shop cases. Our Atlanta Georgia serious motor vehicle collision law firm is careful to do a thorough investigation and make sure that all evidence is carefully developed to make out one of these cases. When someone is seriously injured or killed in a drunk driving collision it is always critical to investigate where the drunk driver had been before the accident to see if a Dram Shop case can be established.

A recent Associated Press report disclosed that the V.A. has not responded with settlement offers or an acknowledgment of responsibility for numerous medical mistakes relating to colonoscopies performed at V.A. hospitals.
Filing a complaint for compensation against the V.A. for medical malpractice or other misconduct is handled differently than other cases. The law which governs V.A. cases is controlled by the Federal Tort Claims Act. Here at our Atlanta Georgia personal injury law firm we have represented many victims of medical negligence and other misconduct committed while at a V.A. hospital or other facility. These cases are highly specialized and require knowledge and experience of the technical rules that the Federal Government requires to be followed.

A strategy has developed in the Nursing Home industry to deprive resident patients of their right to sue in Georgia Courts where they have been injured, mistreated or abused. Many nursing homes are including in the admission paperwork a provision that attempts to force victims to arbitrate disputes and prevent bringing lawsuits.
Our Atlanta, Georgia personal injury/nursing home law firm deals with these legal issues and all other questions that come up in cases where someone has been seriously injured or has died at the hands of a nursing home and its staff.
We can report that the Georgia Court of Appeals has just issued an opinion holding that nursing homes cannot force arbitration where a family member has executed a durable power of attorney. The Court held that an individual with this type of power of attorney cannot sign away a resident patient's right to sue if they are mistreated. Life Care Centers of America v. Smith, Ga. Court of Appeals case # AO9AO548

Atlanta traffic is a constant cause of death and serious injury to even the most experienced motorcycle riders. Having the right of way has no meaning when a truck hits your bike.

55 year old Deputy Gwinett sheriff Bill Edge was on his way home last week when an ice cream truck ran a stop sign and collided with a passing truck. The truck struck his motorcycle, and Edge, who was wearing a helmet, died at a local hospital. He was a Gwinett County police officer and had served in the U.S. Marine Corps.

A Harley-Davidson rider, Edge was a member of the Gwinnett chapter of the Blue Knights, a motorcycle club mostly comprised of law enforcement officers.

Defensive driving is the best protection if you enjoy the pleasure of riding. Always assume that the car and truck drivers in your view will do the unexpected and be prepared!

When a Georgia crime victim suffers an injury or loss there may be a remedy beyond filing a lawsuit. A judge may order restitution to be paid by a defendant if a criminal is convicted. Georgia also provides for possible state compensation for victims of personal injury or death resulting from criminal acts.

17-15-1 Findings by the legislature.

      The General Assembly recognizes that many innocent persons suffer personal physical injury, severe financial hardship, or death as a result of criminal acts. The General Assembly finds and determines that there is a need for assistance for such victims of crime. Accordingly, it is the General Assembly's intent that under certain circumstances aid, care, and assistance be provided by the state for such victims of crime.