Finch McCranie, LLP

Riding Mower Defects Endanger Children

Each spring and summer our attorneys see an increasing number of injuries to children caused by lawnmowers. An estimated 9,400 children are injured each year. Many of the accidents result in amputations of legs, hands, fingers, feet, and toes. Experts say that the most serious accidents occur when operators back up rider mowers with the mower blades engaged and run over small children they can’t see.
According to the American Academy of Pediatrics, back over accidents alone account for 560 injuries to children each year.
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Nursing Negligence

In the not too distant past, our lawyers’ experience had been that medical malpractice encompassed almost exclusively the negligent wrongs of physicians. However, as nursing has evolved into a sophisticated, technical, and specialized profession, nurses regularly assume roles previously in the exclusive domain of physicians. These include examinations, diagnosis, post-surgical monitoring, and treatments of patients. Sometimes this is done without any direct supervision from physicians. The nurse’s expanded role in patient care, the continual development of specialized and sophisticated medical technology, and the heightened emphasis
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Heat Related Sports Deaths: A Preventable Tragedy

This is the time of year where it seems that everyone who rides in an automobiles passes a high school football practice. The sweltering sun and heat of this summer, which is particularly hot, is obviously a danger to those practicing. If those responsible for the players are not careful, deaths can ensue. Indeed, it has almost become commonplace every summer to read about the death of a high school or college football player due to extreme heat conditions.
Our firm, regrettably, has been involved
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Legal Status Of Injured Person Determines Duty Owed By Premises Owner

In Georgia, owners and occupiers of land or buildings owe certain duties to those who come on the premises. The duties vary according to the relationship between the owner and the person coming onto the premises. The mere fact that one owns or occupies land or a building does not make one liable for injuries sustained by persons who have entered onto the land or the premises. It is a commonly accepted in Georgia law that the owner of a building or land is not
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Dangerous Toys Recalled

Toy maker Mattel, Inc. issued recalls yesterday for about 9 million Chinese made toys that could be potentially dangerous for children. The recalls were negotiated by the Consumer Products Safety Commission. The majority of the toys subject to the recall contain magnets that can be swallowed by children and the rest have lead paint. The recall includes play sets, including the Polly Pocket dolls and Batman action figures as well as almost a quarter of a million die cast cars that contains lead paint.
This
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Cell Phone Battery Danger Warning

Nokia Corp. warned Tuesday that up to 46 million batteries used in some of its cell phones could pose a serious risk of overheating. The batteries subject to the warning were manufactured by Matsushita from December 2005 to November 2006. Matsushita Battery Industrial Co. Ltd. of Japan is one of several suppliers that have together made some 300 million BL-5C batteries.
Nokia is the world’s largest mobile phone maker. The lithium-ion battery is one of 14 different types of battery used in Nokia phones.
Nokia
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Health Court Bills In Congress

Legislation is being considered in both houses of Congress to fund pilot projects in 10 states that would create administrative panels known as “health courts.” This legislation is being strongly supported the medical and insurance lobby. The legislation is based on systems in Scandinavia and New Zealand. The state of Florida also has an existing administrative procedure for dealing with birth-related neurological injuries.
The legislation, if passed in its current form, would eliminate jury trials in medical negligence cases. The standard by which the actions
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Criminal Charges In Big Dig Tunnel Collapse

Powers Fasteners Inc., the company that provided the epoxy adhesive blamed in the fatal Boston Big Dig tunnel collapse was indicted this week in the death of a woman killed on July 10, 2006, when tons of falling concrete crushed her automobile. Milena Del Valle, 39, was killed when as she and her husband drove through the Big Dig tunnel. Her husband escaped with only minor injuries.
An investigation by the National Transportation Safety Board concluded the collapse could have been avoided if designers and
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Mediation of Tort Claims

Our lawyers have successfully represented many clients at mediations, covering a wide range of actions such as truck accidents, medical malpractice, auto collisions, and premises liability. Our experiences have led us to conclude that, under the right circumstances, mediation can be of great benefit to plaintiffs. It generally allows the matter to be concluded long before a trial can be scheduled, removes the risks associated with the trial of some cases, and allows the client to control the result, as opposed to a jury, judge,
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Sovereign Immunity Precludes Many Valid Lawsuits

Many state, county, and local governments are protected from lawsuits even though their employees may have been extremely negligent in causing severe injuries to innocent citizens. In most instances, the doctrine of sovereign immunity precludes a lawsuit against these entities, unless the governing body, such as the legislature, has waived the protection of sovereign immunity. Even when there has been a waiver, it is generally restricted to a maximun amount of recovery.
For example, in a ruling involving last summers deadly Comair plane crash at
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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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