Atlanta Personal Injury Lawyers Blog

As an Atlanta personal injury attorney, and father of two wonderful children, I noted with interest an article in the AJC on line today about the recall of more than 2 million cribs from seven different companies. The cribs are suspected of potentially causing suffocation and other injuries. The companies involved are Evenflo, Delta Enterprises Corp., Child Craft, Jardine Enterprises, la Jobi, Million Dollar Baby and Simmons Juvenile Products, Inc. This brings the total of drop-side cribs recalled in the past five years to 9 million.

Most injuries to babies caused by cribs result from "drop-side" models that allow the side of the crib to be lowered for easier access to the baby. However, these drop-sides can sometimes malfunction and drop on their own, trapping babies and causing very serious injuries or even death. The problem is so serious that the sale and manufacture of these cribs may be permanently banned by the Consumer Product Safety Commission by the end of this year. Let us hope so.

Representing families affected by poorly designed cribs is a challenge. The heartbreaking circumstances of these cases are emotionally devastating, and legal claims are often the last issue devastated families wish to consider. However, unless these claims are brought and vigorously pursued, more families will suffer the same fate. Products liability claims in Georgia are complicated from a legal perspective, and require a law firm with the experience and financial resources to see them through. Many manufactures are based outside of the United States and are, therefore, difficult to sue. Additionally, these cases will involve national experts, many of whom are located far from Georgia. Without a clear understanding of how to put these cases together, they can quickly become very expensive and difficult to win.

Our law firm represents families throughout Georgia in products liability claims, trucking and auto accidents, premises liability, medical malpractice and wrongful death. We are especially sensitive to issues involving injured children, and strive to create a comforting atmosphere to lesson the stress of these emotional cases. If you or someone you know has been injured by a faulty crib, please contact us and we would be pleased to schedule a meeting to discuss the matter.

As an Atlanta personal injury and wrongful death attorney practicing in north Georgia, I was saddened to read an online article by a local Albany news station about 2 children run down by an elderly driver while awaiting a school bus. Not only was I saddened, I was also amazed because the tragedy is almost identical to a situation handled by our firm about two months ago. In the earlier case, a young Hispanic girl was tragically killed in Cobb county when an elderly woman ran her over while she waited to board her bus to go to school. Although neither child died in the Tift county incident, a young boy is still in intensive care because on his injuries.

In the Tift county incident, a 92 year old driver somehow failed to realize the school bus was stopped and ran over the children while they crossed the road to board the bus. It is likely the bus had its stop sign out and its red lights flashing. The impact was so hard that the little boy was knocked out of his shoes and flew some distance before landing on the road unconscious. Although no charges had been filed when I wrote this blog, it is my guess that the investigation will reveal that the children did nothing to contribute to the incident, and that the blame will be on the elderly driver for failing to observe the stopped school bus with its flashing lights.

It is difficult for me to understand all the heartache that comes from this type of incident. First, my heart goes out to the 92 year old gentleman and his family. As we all get older, we know the day will come when we will be unable to continue to do the things we once could, including drive safely. I don't know if this is the case for the driver in this incident, but I bet it might be. To discover this and to cause harm to children at the same time - I can't imagine how that would make you feel.

Second, I am the father of 2 children. I try to imagine what it would feel like to witness my son get knocked out of his shoes and fly through the air after being struck by a car, or even to get a call that such an incident happened and that he was on his way to the hospital. I can't imagine.

Legally, if the elderly driver is at fault for running down the children, the children and their parents will have claims against the driver. In Georgia, when a child is negligently injured, the parents have a claim for the medical bills relating to treating the child for injuries. This makes sense because children cannot enter into a binding contract until they are 18 years old. The child has a claim for the emotional and physical pain and suffering and any future lost wages and the diminished capacity to earn. Both of these claims can have significant value depending on the severity of the injuries to the child.

Accordingly, It is important to hire an expeinced personal injury lawyer to assist you with these types of claims. The time to bring these claims is different depending on whether you are the child or the parents. Also, finding all possible insurance to properly fund a settlement or judgment -- like with all personal injury and wrongful death claims -- is very important. Without adequate insurance, the claim can be worth very little, even if the injuries are catastrophic or there is a death.

If you would like to discuss your situation with me, please contact me and I would welcome the opportunity to talk to you. Our firm handles only personanl injury and wrongful death claims.

As a Atlanta automobile accident lawyer who practices throughout central and north Georgia, I have handled many personal injury lawsuits where the at fault party to a automobile accident is a minor or a college student driving a vehicle provided to them by one or both of their parents. The question that often arises in these cases is whether the parents of the young drivers are also liable for the damages caused in the accident.

In Georgia, a parent or parents are liable for the injuries and damages caused in an automobile accident by their children if the vehicle being driven can be classified as a "family purpose vehicle." The family purpose doctrine generally provides that when an automobile is maintained by the owner for the use and convenience of his family, the owner is liable for the negligence of a family member having authority to drive the car while it is being used for a family purpose. The courts look to four criteria to determine whether the family purpose doctrine applies:

1. The parent must own or have an interest in or control over the automobile;
2. The vehicle owner must have made the automobile available for family use;
3. The driver must be a member of the owner's immediate household; and
4. The vehicle must be driven with the permission or acquiescence of the owner.

Generally, if the child lives with his or her parents, the parents provide a vehicle for the child for his or her use, the parents retains control over the vehicle, and the child lives in the parents' immediate household, then the parents will likely be responsible for any accident the child has and responsible for any injuries and damages caused in the accident. If any of the criteria are not met, then there is no parent liability.

For example, in the last case I was involved in where the family purpose doctrine looked like it might apply, the driver of the vehicle was a college student at the University of Georgia living in Athens where the accident occurred. In that situation, even though the driver was at the time of the collision living away from home at college, the family purpose rule did apply because the student still had a room at home, received mail there and returned to the residence each holiday and intended to return after he graduated. In that situation, the student had two households, the one at college and the one with his parents.

It is important that if you are in an accident and you hire an attorney to represent you to recover damages for injuries you suffered in the accident, you hire experienced attorneys that know Georgia law and how to properly and successfully pursue a claim under the family purpose doctrine. Sometimes the only way to recover damages is if the parents are proper parties to the claim or lawsuit.

The attorneys in our office have the experience and know how to successfully pursue these claims. We have handled hundreds of claims involving the family purpose doctrine. If you would like to discuss your situation with me directly, please contact me and I would welcome the opportunity to speak with you about these issues and any other that you would like to discuss.

I was saddened ast week when I read an article in the AJC online about a Douglasville construction worker who was crushed to death when equipment he was operating malfunctioned on the job site. Unfortunately, I see these types of catastrophic accidents far too often in my practice as an Atlanta personal injury lawyer who practices throughout north Georgia.

When workplace injuries occur, the injured person often has a workers' compensation claim for medical and lost wage (indemnity) benefits. These claims do not include, however, compensation for non-economic damages like physical and emotional pain and suffering. To recover compensation for such items, a claim must be successfully made against a third party who is not an employer or fellow employee of the injured individual.

An example of this is where the driver of a vehicle negligently collides his or her vehicle into the vehicle of the employee while the employee is on the job. In these types of situations, the injured employee can make a workers' compensation claim, as well as bring a personal injury claim/lawsuit against the non-employer/employee driver of the at fault vehicle.

Another example could be the situation described in the article discussed above where the worker is injured by malfunctioning equipment he or she uses while at work. Here, the worker will again have a claim for workers' compensation, and he or she may have a claim against the equipment manufacturer, distributer, wholesaler and/or retailer. These types of claims are called products liability claims and are often very complicated and difficult to prove. If successfully prosecuted, however, the claimant can again recover non-economic damages including physical and emotional pain and suffering.

If you or a loved one has been injured or killed in a workplace injury, it is important that you speak to experienced personal injury and workers' compensation lawyers. Often times both types of claims can be made and both economic and non-economic damages can be recovered. The attorneys in our firm have the experience and know how to successfully handle these claims and optimize your recovery. Please do not hesitate to contact me to discuss your situation. It would be my pleasure.

As a personal injury lawyer who practices in Atanta and north Georgia, I have handled numerous cases where my clients are injured while riding in golf carts. Atlanta and north Georgia have scores of golf courses and injuries occur when golf cart drivers act carelessly causing accidents. Like any motorized vehicle, golf carts can be extremely dangerous, even deadly. Depending on the make and model, golf carts generally weigh between 500 and 750 pounds empty. Add the weight of two grown men and two sets of clubs, and the combined weight can easily exceed 1000 pounds.

There are typically two types of golf cart accidents that cause injuries. The first is where one cart rear ends another cart. Like similar car accidents, these types of incidents can cause spinal whip lash type injuries requiring both conservative treatment and spinal surgery. The second type of accident is where the driver loses control of the cart, typically while turning on an uneven surface, and the vehicle flips over. This type of incident almost always causes very serious crush injuries, including death.

The drivers of the carts causing these accidents can be liable to those injured if they acted carelessly or recklessly in causing the accidents. All things being equal, rear end collisions and carts flipping over are almost always caused by careless or reckless behavior. This becomes a certainty when you consider that alcohol is involved in most golf cart accidents.

When alcohol is involved, not only are the drivers liable for general damages, including, medical bills, lost wages, and pain and suffering, but they may also be subject to punitive damages, meant to punish and deter this type of behavior. It is important to thoroughly investigate whether the driver may have been drinking because punitive damages can have a significant impact on the value of the claims made.

Because the police rarely investigate golf cart collisions, it is important that an injured individual or the family of someone killed hire competent attorneys as quickly as possible after the incident to thoroughly investigate these issues. The chance of identifying and interviewing helpful witnesses and discovering helpful physical evidence diminishes greatly as time passes after the incident.

If you have been injured or have lost a family member killed in a golf cart accident, please contact our offices to discuss your rights and possible claims. The attorneys and staff in our offices welcome the opportunity to talk with you about these issues, and we have the knowledge and resources to quickly and thoroughly investigate the incident to secure all the needed evidence to properly pursue your claims if you decide to retain us.

As an Atlanta personal injury lawyer practicing in north Georgia, I was saddened today when I read an article in the Atlanta Journal Constitution on line about 3 children who were violently attacked and seriously injured by five dogs that had escaped from their owner's yard in southern California. Most injured of the three was a 5 year old girl who was pulled from her mother's arms and tossed about like a rag doll by a mastiff that punctured the girl's lung, broke numerous ribs, and inflicted several bites. The girl remains hospitalized since Monday and is unable to breath on her own.

The girl's 7 year old brother also remains hospitalized after needing 237 staples to close a leg wound, and her 8 year old sister was treated for leg and arm injuries. After the incident one of the dogs was shot when it attacked an officer and the other 4, including the mastiff and what appeared to be pit bull mixes, were taken into custody and quarantined to determine whether they have rabies and whether they should be destroyed.

As part of my persoal injury practice, I represent victims of dog bites and attacks like the family in California. I have a personal connection to my clients in these cases as I was attacked by a German Sheppard when I was 6 years old. As a result, my left calf was almost torn off and it took over 100 stitches to repair it. To this day, unfortunately, I have not completely gotten over my general fear of dogs.

The difficulty in handling dog attack cases is proving the owner was negligent for the dog's behavior. In Georgia, OCGA § 51-2-7, as amended effective July 1, 1985, provides:

A person who owns or keeps a vicious or dangerous animal of any kind and who, by careless management or by allowing the animal to go at liberty, causes injury to another person who does not provoke the injury by his own act may be liable in damages to the person so injured. In proving vicious propensity, it shall be sufficient to show that the animal was required to be at heel or on a leash by an ordinance of a city, county, or consolidated government, and the said animal was at the time of the occurrence not at heel or on a leash.

Under this statute, generally speaking, you prove an owner's negligence by (1) showing the dog was off the owner's property and in violation of the local leash law or ordinance, or (2) even if the dog was not off the owner's property and/or not in violation of the local leash law, showing that the dog was vicious or dangerous and that the owner had knowledge of this fact. It is not enough to show the owner had reason to know the animal had a propensity to do harm; rather, it is necessary he has reason to know that it has a propensity to do the harm of the type it inflicts.

In the California case, it appears the owner of the dogs will be liable for the vicious attacks and horrible injuries suffered by the children as it appears that if the city or county where the attacks occurred had any type of leash law, the owner was most likely in violation of such law when the attacks occurred. It would be a much more difficult case if the children had been on the owner's property and not in violation of the local leash laws.

In that case, there would have to be evidence that the owner had knowledge of prior episodes where the dogs had previously attacked. It is not only insufficient that the owner might have known the dogs were aggressive; it is also insufficient to simply show the dogs were violent breeds. Actual knowledge of prior attacks is what is necessary.

The experienced trial lawyers in our office know the law and the facts required to properly litigate a case to recover damages resulting from a dog bite or attack. If you or a family member has been through the frightening and painful experience of being attached by a dog, please call me to discuss whether you have a case against the owner of the dog. I know what you have been through.

This morning I was saddened to read in the Atlanta Journal-Constitution on line about a bicyclist killed in a collision in Woodstock, Georgia. As a personal injury lawyer who represents clients throughout north Georgia and as an avid cyclist, I am well aware of the risks of cycling on the roads in metro Atlanta and the surrounding communities. The article had very little information about what happened, but did say that the driver of a Van pulled out from a bank parking lot and the cyclist was killed when he rode his bike into the side of the Van. What a tragedy.

It is impossible for me to say at this time who was at fault for causing the collision, but my guess is that the driver of the Van failed to yield to the bike pulling into the road thinking the road was clear when it wasn't. As a cyclist, I have had many close calls when cars, vans, trucks, etc., have done the same thing to me. As a personal injury lawyer, I have represented other cyclists who have been badly injured when this has happened to them. This time, someone was killed.

Road biking is a wonderful sport and is especially enjoyable this time of year when the leaves are turning and the weather is perfect. Unfortunately, it is a very dangerous activity with the amount of traffic on our Georgia roads. I am hopeful that motorist will be reminded by this tragic accident to be more diligent to look out for both bicyclist and motorcyclist as they travel out roads.

My thoughts and prayers are with the family of the deceased.

Our Georgia personal injury lawyers are representing two pedestrians run down by an Atlanta driver distracted by using her cell phone and not paying attention to her driving. This car accident was caused by the driver cutting across the wrong lanes of traffic while pulling out of a driveway. Because she was on the phone, she never saw our clients who were lawfully crossing the roadway. Our clients were plowed over and seriously injured and their lives will be changed forever.

If you drive anywhere in metro Atlanta and are paying attention, it seems more drivers than not are on the phone - and most do not have hands free devices. Studies show that drivers using cell phones (whether held by hand or using hands free devices) are significantly more distracted than drivers not on phones. Indeed, we expect the number of accidents in Atlanta and Georgia caused by drivers talking on cell phones will continues to climb because cell phone use has exploded and will continue to rise.

The injury lawyers of our firm have handled many of these types of cases. Numerous cases have involved large SUVs and truckers. Death and catastrophic injuries are often the result when large passenger vehicles and semi trucks are involved. This is especially true when the driver is distracted to the extent that often times he or she is unaware the accident is going to occur until it actually happens.

If you have been injured or a family member has been injured or killed in an accident caused by a driver of a car or truck using a cell phone, please call our offices to talk to one of our injury lawyers about your rights.

I have received numerous telephone calls recently from individuals who already have hired a lawyer, but who want to get a new lawyer because their lawyer will not return their phone calls. While as an Atlanta personal injury lawyer I am always happy to get calls from potential clients in a personal injury or wrongful death case, these calls disappoint me because it means fellow members of my profession are treating their clients unprofessionally.

If you have hired a lawyer to represent you in a personal injury or wrongful death lawsuit (this actually applies to anyone who has hired an attorney to represent them for any reason), you have the right to be treated with respect throughout the representation and to have your phone calls and emails returned in a timely manner. You also have the right to have your questions answered and to be updated on the status of your case at regular intervals.

If you are not getting the kind of service you expect from your lawyer, schedule an appointment to meet with him or her in person to discuss your expectations. By meeting with your lawyer and bringing your concerns to their attention, it is likely he or she will be more responsive to your future needs. You definitely want to give them a chance to make things right before finding another lawyer.

Providing superior legal services to the residents of central and north Georgia is my business. If I receive a telephone message or email from a client, if the call or email is not related to an emergency - which I attend to immediately - I try to return the call or email by the end of the same business day. If for some reason I cannot respond by the end of the same day, I respond no later than 24 hours after receiving the message. I understand that being seriously injured or having a family member killed by the negligent acts of others and pursuing a lawsuit to recover damages related to such losses can be stressful and oftentimes very confusing. That is why it is important to have skilled and competent lawyers handling your case and giving you the attention you deserve.

As a personal injury trial lawyer who regularly travels the roads of Atlanta and north Georgia, I am shocked to see other motorists texting as they operate their cars and trucks. With one or both hands off the steering wheel and their eyes focused down on their cell phones, blackberries and I-phones, these reckless individuals seem to have no idea that their vehicles are more deadly and more likely to kill than a loaded gun.

If the driver of a motor vehicle is texting while traveling on a roadway, the likelihood of a very serious accident resulting in catastrophic injuries and death becomes a real possibility. Causing a deadly head-on collision, traveling into an intersection on a red light or through a stop sign, or striking the rear of a vehicle stopped in traffic at a high rate of speed are the likely consequences of a texting driver. Injuries from these types of accidents are often very serious, including, but not limited to, severely broken bones, serious internal injuries, brain damage, disfigurement, paralysis, and death.

Oftentimes it is an innocent victim of the texting driver that is severely injured or killed. It is surprising to me that the Georgia General Assembly has not made it a criminal offense to text while operating any type of motor vehicle on the roads of Georgia. I expect that such legislation will be passed in the future. Indeed, other states already have passed such legislation and the fines and penalties are stiff.

In civil suits arising out of injuries suffered by innocent victims of a texting driver, strong arguments can be made by competent personal injury attorneys that not only compensatory damages should be awarded by the jury (for example, medical bills, lost wages, physical and mental pain and suffering, etc.), but punitive damages are also warranted because of the texting driver's reckless indifference to the consequences. It is my opinion that driving while texting is as reckless as driving while intoxicated or while under the influence of alcohol or drugs (DUI). Juries and our society should have zero tolerance for such behavior.

If you have been injured or a loved on has been killed by a driver texting while operating a motor vehicle, please do not hesitate to call me or my partner to discuss your situation.

In my practice as an Atlanta personal injury lawyer, I am getting more and more phone calls from individuals to represent them in premises liability cases. Specifically, I have had several recent calls where someone is seriously injured after falling while visiting a store or restaurant or similar business. In Georgia, individuals injured because of a fall may be compensated for those injuries if the fall was caused by the negligence of the owner or occupier of the property involved. Slippery floors and other surfaces caused by water, grease, food, as well as many other foreign substances, are often the reason someone is negligently injured in a fall. Poorly designed, manufactured or maintained curbs, steps and walkways may also cause falls.

Falls can result in very serious, even catastrophic, injuries. Some cases I have handled have involved complex fractures and other serious injuries to hips, ankles, rists, arms, elbows and shoulders, leading to surgeries and further medical complications and even death. Older individuals are especially likely to be badly injured by a fall caused by the negligent acts of others.

Georgia law requires land owners and occupiers to exercise ordinary care for the safety of others. Specifically, O.G.C.A § 51-3-1 provides

Where an owner of occupier of land, by express or implied invitation, induces or leads others to come upon his premises for any lawful purpose, he is liable in damages to such persons for injuries caused by his failure to exercise ordinary care in keeping the premises and approaches safe.

Land owners can breach this duty of care in many ways, including, but not limited to:

1. failing to use ordinary care to keep the premises and approaches safe;
2. failing to properly inspect and maintain the premises and approaches:
3. knowingly allowing its invited guests to utilize an unsafe area of the premises;
4. failing to post warning signs or warning markings in the area;
5. failing to properly train and supervise their employees in regard to the care of the premises; and
6. failing to retain, entrust, hire, train and supervise employees.

Each of the above acts and omissions can support an independent act of negligence on the part of the land owner which can be the proximate cause of the injuries and damages sustained in a fall.

If you are injured by a negligent land owner you may recover damages for your personal injuries, pain and suffering, lost income, diminished capacity to earn, disability, disfigurement, mental anguish, loss of capacity to enjoy of life, as well as other damages. Almost any business or individual can be liable for negligently injuring another on their property or property they control. Apartment complexes, movie theaters, gas stations, grocery stores, hotels and motels, commercial buildings, restaurants, and retail stores are a few examples.

If you have any questions about, or would like to discuss, whether you might have a claim arising out of a fall you feel was caused by a land owner's negligence, please call our offices to speak with one of our attorneys. The injury lawyers of our firm have handled hundreds of premises liability cases and would welcome the opportunity to talk to you about your claim.

As an Atlanta personal injury lawyer, I have been involved with many cases where an individual with a personal injury claim - automobile accident claim, trucking accident claim, premises liability claim, medical malpractice claim, nursing home negligence claim, etc. - filed bankruptcy after the incident occurred that is the subject matter of the claim. In such a situation, if the claimant doesn't properly identify in his or her bankruptcy petition and related schedules that he or she has a claim against another party for personal injuries, under Georgia law, the claim would be barred by the doctrine of judicial estoppel. What this means is the claimant would be prohibited from bringing any claims against the at-fault party or parties for injuries and damages arising from the incident.

This doctrine has been the law of Georgia for some time, and it continues to surprise me that I regularly come across this situation where a client has failed to tell his or her attorney about the bankruptcy so that the claim can be properly listed as an asset in the bankruptcy proceedings. If the claim is not properly listed as an asset in the bankruptcy proceeding, the holder of the claim cannot assert it as a plaintiff in a personal injury lawsuit. The legal way of describing this is to say that the plaintiff is judicially estopped from bringing the personal injury claim because he or she did not acknowledge that it was an asset in a different judicial proceeding.

The good news is that under the right circumstances and with a knowledgeable personal injury lawyer, even if the bankruptcy proceedings have been finalized, certain things can be done to list the claim is an asset in the bankruptcy proceedings to resurrect the ability to bring the claim for personal injuries. Generally speaking, the law on these issues is somewhat complicated. The Atlanta injury lawyers in our office are intimately familiar with these issues and have written extensively on them. Please do not hesitate to contact an Atlanta injury lawyer in our office if you would like to discuss these issues or any other matters concerning your personal injury claims.