Finch McCranie, LLP

Dangerous Products No Longer Receive Federal Protection

Companies that produce dangerous products suffered a major defaet last week in the United States House of Representaatives. By a vote of 407 to 0, the House of Representatives passed legislation reauthorizing the Consumer Product Safety Commission (CPSC) and included statutory language specifically prohibiting the CPSC from issuing any rule or regulation that expands the scope of federal preemption of state law.
During the Bush administration, the CPSC has issued rules and regualtions which it argues preempt state laws governing dangerous products, thereby depriving innocent
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Bad Faith Insurance Claims

Bad faith insurance claims have always been difficult because the insurance industry has routinely been able to hide behind restrictive laws designed to protect them from even egregious conduct. However, a case pending in Missouri may change this situation.
A Jackson county Missouri trial judge issued an order directing Allstate Insurance Company to produce records which the Plaintiff lawyers allege show how Allstate set up a claims payment system in the 1990s that shortchanges clients while earning huge profits. Despite the judges directive, Allstate refused,
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Government Information To Be More Accessible

Our serious injury lawyers often request information from governmental agencies in efforts to help our clients. Many times, despite laws requiring disclosure, our requests are routinely denied or ignored.
The Bush administration has consistently pushed toward secrecy in government. Former Attorney General John Ashcroft had issued an order instructing agencies to lean against releasing information if there was any uncertainty about how it would affect national security.
Now the Congress is fighting this trend by passing legislation which would expand the Freedom of Information Act
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Doctors Place Self-Interest Ahead Of Patients In Study

A disturbing study by the Massachusetts General Hospital was reported in the December 6, 2007 issue of the Harvard Crimson Newspaper. The paper reported that the study disclosed that nearly half of the doctors surveyed are more likely to protect their colleagues than their patients. Forty percent of the doctors admitted to not reporting a serious medical error they had witnessed. Likewise, forty-five percent admitted to not reporting a physician who they knew to be impaired or incompetent.
Additionally, the study found that the physicians
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Arbitration Clauses Attacked By Consumer Advocates In Congress

We have previously written about mandatory arbitration clauses. Just a few years ago, Congressional Republicans made it a priority to limit almost all litigation against businesses. Now, legislation is advancing which could make it easier for consumers to have their complaints heard in the courts. At issue is the fine print in many contracts for goods and services, such as credit cards and cell phones, requiring that any disputes be submitted to arbitration by a third party. Critics of these provisions contend that they deny
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Atlanta Area Motorcycle Accident Case Settles

Our motorcycle accident injury attorneys have successfully concluded a case involving a young man who lost control of his motorcycle in Carrollton, Georgia in May of 2005. The client was operating his motorcycle in the City of Carrollton near the Southwire Plant. As he approached a curb in the road, the lane was littered with gravel, dirt and other debris. The client had a split second to decide what action to take. Instead of attempting to engage his brakes, which he felt would result in
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Atlanta’s Fox Theater Injuries Recall Past Theater Safety Failures, and Serious Injuries and Wrongful Deaths

Having seen past injuries and deaths occur because theater safety principles were disregarded in using orchestra pits in Atlanta, our Georgia Injury Lawyer Blog attorneys shuddered upon reading that it had happened again in Atlanta. A 17 year-old dancer wearing a Panda costume reportedly suffered critical injuries when she fell some 12 feet into the lowered orchestra pit of the Fox Theater, during a performance of the “Nutcracker” by the Atlanta Ballet.
The orchestra pit contained no orchestra, but was apparently lowered to this great
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Dangerous Drugs Advertised By Manufacturers

Our dangerous drug attorneys often review cases in which an inappropriate drug was prescribed for a patient. Public Citizen is a national, nonprofit consumer advocacy organization founded in 1971 to represent consumers’ interest in Congress, the executive branch and the courts. In the latest newsletter from The Health Research Group, a division of Public Citizen, there is an interesting article concerning direct advertising by pharmaceutical companies.
The article points out that other than New Zealand, the United States is the only country that allows direct
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Atlanta Area Nursing Home Slammed

Last week, two Georgia nursing homes were added to the list of the worst in the country according to federal data.
The Place at Augusta and Shoreham of Marietta were cited for deficiencies and placed on the list of the worst nursing homes in the country by the Centers for Medicare and Medicaid Services. These two homes in Georgia were among 54 nursing homes in 33 states that failed to improve quality of patient care and/or administrative services over the last year.
According to the
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Defective Medical Device Question Before Supreme Court

The United States Supreme Court heard arguments yesterday in a case which may have a major impact on lawsuits against medical device makers brought by patients who have been injured by defective products. The Supreme Court will be asked to consider whether patients can bring lawsuits over defective devices which have been cleared for sale by the Food and Drug Administrations’ approval process. In this case, a federal appeals court barred a suit which claims a New York man suffered permanent injury when a Medtronic
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Employer Liability For The Acts of Employees

Under Georgia law, employers are vicariously liable for the acts of the employees provided such acts are performed within the scope of their employment. If an employee is working on behalf of an employer and is acting within the scope of his or her duties, an employer will be liable if the employee negligently injuries a third party. The reasons for such liability are due to the fact that the injury arose out of and was caused by the performance of duties being performed on
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Mediating Personal Injury Claims

In a case where an innocent victim is victimized by the negligence of a third party, whether it be as a result of the negligent acts of a truck driver or due to medical malpractice committed by a doctor, a question often arises: Should a claimant in such a case consider mediation as a way of resolving their claims against the negligent defendant? Experience indicates that mediation is successful approximately eighty percent (80%) of the time so logic would dictate that all serious personal injury
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Cadillac Recalls SRX Vehicles

The Georgia injury lawyers at Finch McCranie, LLP have represented victims of dangerous products for over 40 years. These products which range from defective automobiles to defective humidifiers can cause serious injury or even death if they malfunction after being purchased by the innocent consumer.
Just last week, General Motors recalled over 4000 2010 Cadillac SRX crossover vehicles because of power steering problems. According to the company, power steering fluid could leak, causing a fire in the engine compartment. All of these cars were manufactured in 2009.
Although this may not seem like a significant problem, it could potentially be very dangerous if the vehicle were to catch on fire after being parked in a home garage or carport. Ford Motor Company found out they had significant exposure when Ford F series trucks with defective cruise control switches caused such fires. Those fires lead to a recall by Ford.

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Employer Liability for Employee Acts: Who Decides?

In a case where an injured party brings a claim against a person who caused them injury and that person’s employer, a jury question is often present as to whether the negligent employee was acting within the scope of his or her employment at the time they inflicted the injury upon the innocent third party victim. As long as a disputed issue of material fact exists, only juries can determine whether an employee was acting within the scope of their employment and/or acting solely for
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Tire Failures Are The Cause Of Many Of Georgia’s Automobile and Truck Accidents

Georgia injury lawyers often see car accidents and truck accidents caused by tire failure. A tire failure can also be the precipitating event in a vehicle rollover case. The causes of these tire failures vary but include manufacturing defects, road hazards and failure to keep the tire properly inflated.

In any motor vehicle crash where a tire failure is suspected, it is crucial to preserve the vehicle and especially the tires and rims so that they can be inspected by experts. Georgia injury lawyers know experts who can timely inspect and evaluate the evidence and who can testify at trial, if necessary.

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Tractor-Trailer Truck Tire Tread On Georgia Highways Is A Growing Problem

Georgia injury lawyers have seen many serious automobile accidents, tractor-trailer accidents and motorcycle accidents caused by foreign objects and road debris on Georgia highways. Just a few weeks ago a 19 year old girl was killed in Tifton, Georgia when she collided with a tractor-trailer. Both vehicles were heading south on Interstate 75 when the girl swerved to avoid a piece of retread rubber in the roadway. After running off the roadway, she apparently over-corrected, came back onto the roadway and struck the tractor-trailer rig. This death should not have happened. Recently I got a call from the mother of the girl and we discussed the growing problem of road debris and in particular, large pieces of tractor trailer truck tire tread littering our highways.

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Offers Of Judgment: An Assault On The Civil Justice System

In Georgia there is a bad law on the books that was passed by the Republican dominated Legislature as part of its so-called effort at “tort reform.” We refer here to the provisions of O.C.G.A. § 9-11-68, the Georgia Offer Of Judgment statute. This statute provides that a party may make an offer of judgment to another party in a pending case in which the offering party agrees to settle the case for a specified sum. Thereafter, if the party to whom the offer is made fails to settle for the offer and later fails to obtain an award of at least seventy-five percent (75%) of the amount of the offer, then the party making the offer of judgment may petition the court for payment of its attorney’s fees from the date the offer was made until the less favorable award or loss.

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Georgia Couple Injured In Motorcycle Accident When Rear Tire Blew

Motorcycle riders are especially vulnerable to serious injury or death when involved in an accident with a careless driver. While many drivers fault the motorcyclist, we at the Finch McCranie firm know that most motorcycle operators are responsible, cautious individuals. Defective tires, or design problems with the motorcycle itself, can also cause a motorcyclist to crash. In such cases, the victims may have a viable products liabilty case against the manufacturer of the product.

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Cords On Window Blinds Continue To Kill

Cords on window blinds continue to kill an average of one child a month, despite a 16-year federal push to make them safer.
According to safety groups, a new voluntary industry rule on window blind cords does not address all strangulation risks to children and ignores input from consumer advocates.
The voluntary standard just published by the Window Covering Manufacturers Association (WCMA) prohibits accessible inner cords on Roman shades but still allows long draw cords. Inner cords weave between the slats of horizontal blinds or
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Premises Liability Cases In Georgia

Recently, the Georgia injury lawyers at Finch McCranie, LLP successfully represented an elderly woman who was injured while shopping in a large, nationwide department store. While walking towards a clothing display that caught her attention, she tripped and fell over an empty wooden shipping pallet which had been left in a main aisle. As a result of her fall, she sustained a serious back injury. When questioned under oath, the manager could not say how long the pallet had been there or even who placed it there. He conceded that the empty pallet was serving no purpose (having been emptied) and that it presented a potential danger to customers. He also conceded that warning cones should have been placed to warn customers of the potential danger.

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