Georgia Injury Lawyers Blog

Slip, trip and falls are the number one cause of accidental injuries in the United States. At our Atlanta injury law firm we have seen these cases cause clients terrible medical problems for 30 years. The Georgia Court of Appeals has just made an important ruling that will aid in making recoveries for victims of these accidents.

A person who falls due to a stable or "static" defect at a store or business must show that the owner had knowledge of the condition before the fall. Sometimes it can be difficult to show when a landowner knew of a crack or hole on the property.

In Landrum v. Enmark Stations Inc., decided June 20, 2011 the Court of Appeals held that a landowner with an inadequate inspection program can be found to have constructive knowledge of the condition even when there is no direct evidence that the condition was observed before the injury. The defense can not simply say "we never saw it".

There are many special rules in handling slip or trip and fall claims and knowing the rules can make the difference between success and failure. This is a positive development for victims of these common causes of serious injury claims in Georgia.

Federal regulators have launched a new product safety website where consumers will be able search a database of products and file new reports about safety issues. The Consumer Product Safety Commission (CPSC) officially launched the SaferProducts.gov website on March 11.

The database collects defect reports and product recall announcements onto one website.for public access. Consumer Reports that are deemed valid will be posted to the website and will be searchable by other consumers.

Easily accessible Information is a key part of successfully reducing the dangers of defective consumer products. Our product defect Atlanta law firm commends the agency on a simple and inexpensive solution to alert the public to dangerous products.

The U.S. Supreme Court recently ruled that families cannot sue vaccine manufacturers over injuries caused by what they claim are defective and dangerous childhood vaccines. This ruling conflicts with a 2008 decision by the Georgia Supreme Court on this issue..
This decision is a setback to parents who have claimed that their children have suffered injuries such as autism due to these vaccines. The recent ruling by the U.S. Supreme Court relegates at least a design-defect type of claim to the federal vaccine court, a special compensation system set up by a 1986 federal statute that is supposed to be a no-fault system,but in reality caps recovery amounts. This in our view is extremely unfair to plaintiffs.
The federal vaccine statute provides that vaccine manufacturers cannot be liable for injury or death caused by vaccines in many types of civil lawsuits, "if the injury or death resulted from side effects that were unavoidable even though the vaccine was properly prepared and was accompanied by proper directions and warnings." In a ruling in a case in which Atlanta parents claimed their son suffered neurological injuries as a result of the preservative, thimerosal in his immunizations, our Georgia Supreme Court held that design-defect claims over vaccine injuries were not precluded by Federal law. . Now, however, this United States Supreme Court decision raises serious roadblocks for parents in Georgia & throughout the country.
The Centers for Disease Control and Prevention says that all routine vaccines that are recommended for children under the age of six, other than some flu vaccines, no longer contain any more than trace amounts of the preservative thimerosal. The CDC maintains that the evidence does not show a causal relationship between vaccines containing this preservative and autism.Other scientific studies do not agree with this conclusion.
Our lawfirm, pursuing defective product claims (also called product liability cases) is constantly monitoring developments in the law wherever it may effect Georgia citizens.

Our Atlanta Georgia law firm has long argued that insurance costs depend more on insurance company premium investment returns rather than claims by injured people. Now there is more information that lawsuit inflation is a myth.
Insurance Information Institute

Tort inflation is a constant threat to the health of the insurance industry and the U.S. economy. Large increases in tort costs lead to higher insurance costs and can harm businesses trying to grow. In this report, the Insurance Information Institute examines the state of tort inflation in the United States. As with last year's report, the current environment in some ways seems calm: the average jury award has peaked at just over $1 million; tort costs rose modestly to $838 per person in 2008, though costs are projected to increase in subsequent years; and settlements in securities class actions rose to $3.8 billion in 2009 but remain far below the peak years of 2005-2006. However, there are signs that tort inflation may be returning: businesses in the U.S. and U.K. anticipate more legal disputes--40 percent of companies anticipate facing more legal disputes in the coming year; the largest jury verdicts are getting bigger.

The 10 largest jury verdicts in 2009 totaled $1.5 billion, an increase of 12 percent from 2008; trends in presidential appointments and policy directives could give the appearance of a shift away from principles that rein in tort inflation the overall number of actions filed with the Equal Employment Opportunity Commission dipped slightly in 2009, but remains substantially above the levels of 2007 and prior; terrorism remains a liability threat and current proposals could weaken the ability of insurers to offer coverage; and tort costs associated with medical malpractice have fallen four years in a row, an apparent example of the effectiveness of malpractice caps. However, court decisions

Most people in Georgia assume that every driver in the State must wear a seatbelt. That assumption was incorrect. The seatbelt law did not apply to pickup trucks. Why was that so? The answer is that lobbyists looking out for special interests as diverse as farming & construction had pushed over the years to exempt pickup trucks from this obviously good law. Whether the intentions were well meant by those who wanted the exemption, the fact is that everyone driving needs to wear a seatbelt. We have seen too many cases come into our Atlanta, Georgia personal injury lawfirm where injuries were much worse because the occupant of the vehicle did not use a seatbelt. We applaud the Georgia legislature for doing something about this issue.

The evidence is overwhelming that the distractions of texting or talking on a cellphone while driving are extremely dangerous. Tragic stories are happening every day. This problem is now as much an issue on our roads as drunk drivers. Finally, the Georgia legislature has passed a bill that would ban texting while driving and prevent young drivers from talking on their cellphones. In our Georgia auto accident injury lawfirm we have handled numerous cases in the last few years where serious injuries or death has occurred because of cellphone distractions. These cases give rise to a claim for substantial punitive damages in addition to the compensatory damages which are recoverable for injury or death.There are & will be plenty of these cases pursued by our lawfirm. We hope for the sake of all drivers that this bill will make these stories less common.

Georgia law does not require that adult pickup truck drivers and passengers wear seat belts. Our Georgia personal injury law firm has seen scores of cases of death and serious injury that could have been prevented by use of seat belts in pickup collisions.

A bill by state Sen. Don Thomas, R-Dalton, a practicing physician, is being presented in Georgia to require pickup drivers and passengers to wear safety belts. "It will pass if it gets to the floor of the House," said Rep. John Meadows, R-Calhoun. We applaud and support Senator Thomas.

Even if you do not support seat belt laws it makes no sense to treat passenger cars and pickup trucks differently. We have never met a family member against seat belt laws after suffering from the death or serious injury to a loved one.

In 2005 the Georgia legislature passed "Tort Reform" in medical malpractice cases. This law is grossly unfair to patients in Georgia who suffer serious injuries due to the malpractice of hospitals, doctors and other medical practitioners- even nursing homes.This law placed limits on the amount that can be recovered("caps") , no matter how horrible the injuries and no matter how incompetent the misconduct. Most cases limit noneconomic damages, which includes all forms of pain & suffering , to $350,000. Our serious injury & wrongful death Atlanta lawfirm has contended from the time this law was passed that it was unconstitutional and deprives victims of due process, a jury trial & their right to lawful compensation. As of the time this is written the Georgia Supreme Court has this exteremly important issue under review. We are hopeful that the jurists here will do as has now been done in the State of Illinois.Their Supreme Court has declared such laws unconstitutional. We are anxious to hear from our highest court and will report their decision as soon as it is made.

Chicago Tribune, "Illinois Supreme Court strikes down medical malpractice law"
February 4, 2010

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

Many people are not aware of the requirements in Georgia for bringing a medical malpractice case against a physician, hospital, hospital staff, nursing home or others providing medical care. In order to bring a lawsuit the injured party (the plaintiff) must attach to the complaint a sworn affidavit of a qualified medical practitioner which sets forth at least one element of medical negligence against each defendant sued. The Georgia statute has several requirements which must be met in order for the medical expert to qualify and give an opinion that malpractice occurred. Included among these requirements are that the expert be experienced and trained in the same specialty as the medical practitioner who is being sued. This does not mean that the expert in all cases must be a doctor. For example, if a nurse in an operating room was negligent, a surgical nurse may well be the correct expert.
The rule in Georgia is followed in many other states. As an example, the Pennsylvania Supreme Court has now ruled that registered nurses can provide expert testimony in that State.
It is extremely important that our Atlanta, Georgia personal injury, medical malpractice law firm be contacted about a potential case as soon as possible so that we have adequate time to locate the best qualified expert for the case.

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

Why should someone in Georgia be injured or die from a dangerous product already found defective? The house judiciary committee in Washington faces that question as they hold hearings on the "Sunshine in Litigation Act."

Do Courts seal too many documents? State and Federal Courts regularly allow documents to be sealed and injured parties silenced by confidentiality agreements when lawsuits are settled. A victim is in a weak bargaining position. A settlement may mean avoiding financial disaster following a life altering injury. Obviously, the manufacturer wants to keep the information from the public. Not a compelling argument for playing Russian roulette with the safety of the next victim of a defective product.

Our Atlanta injury law firm will monitor progress in these hearings and report on the results.

During the presidency of George W. Bush the rule of "Pre-Emption" was aggressively expanded.  This rule prevented many consumers and other citizens from bringing lawsuits for wrongs committed by drug makers, manufacturers and other corporations. The rule of pre-emption basically has held that where a federal agency has enacted a regulation that permitted the sale of a product, this would protect the maker of the product from being sued, even if the product was defective or negligently made, marketed or distributed. Obviously, this was grossly unfair to victims of corporate wrongdoing. The Obama administration has taken steps to overrule this grossly unfair legal priciple. This should now protect the public and allow meritorious lawsuits to be brought against wrongdoers. Our negligence/product liability Atlanta Law Firm has a long history of successfully representing victims in major cases who have been injured or killed through the fault of dangerous and defective products of all types.

Boston Globe - "Obama ends Bush-era lawsuit policy"