Personal Injury

Georgia Wrongful Death Actions:Who Has The Right To Sue? (Part I)

One of area of confusion to the public is determining who has the right to bring a wrongful death action in Georgia. Because our firm handles many such cases in Atlanta and throughout the State, we have decided to blog on this area of the law so that the public will better understand the provisions of Georgia law which control wrongful death actions.
In this article we shall focus on the rights of a spouse who is married to an individual killed by the
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FDA To Reconsider BPA Decision

We receive many inquiries from Atlanta consumers regarding the safety of products apporved by the federal regulatory agencies. During the Bush administration many consumers here in Georgia and elsewhere have expressed concern and bewilderment that certain drugs and products banned in other countries were “approved” by federal agencies for distribution in the United States.
Now, the Food and Drug Administration, FDA, has announced it is reviewing a controversial decision it made last year — the conclusion that BPA, a chemical used in baby bottles
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Forklift Accidents: Usually Serious And Oftentimes Deadly

When I was in high school, I was hired as a forklift driver at a textile plant. I was given no training whatsoever, had never operated a forklift and within hours was lifting huge pallets of heavy materials high into the air for placement on warehouse shelving. Fortunately, I did not injury anyone or kill myself, but I easily could have. Indeed, that same summer a high school friend of mine lost his life when he accidently drove a forklift backwards off of a loading
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Bus Accident Recommendations By NTSB

Bus accidents have been a problem in Atlanta and Georgia for many years. Recently, the lawyers of Finch McCranie LLP were able to secure a very favorable settlement for the most seriously injured survivor in the Bluffton Bus crash which occurred here some years ago.
Now, in an encouraging move, the National Transportation Safety Board is recommending charter bus companies come up with better plans to deal with crashes in remote areas. Last Friday, the NTSB sent recommendations to the American Bus Association and
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Trampolines Recalled

Potentially dangerous trampolines which have been sold in the Georgia and Atlanta areas are the subject of a recall. The U.S. Consumer Product Safety Commission in cooperaation with Skywalker Holdings announced a voluntary recall of about 60,000 trampolines manufactured in China and distributed by Skywalker Holdings LLC, of Brigham City, Utah.

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Georgia ATV Safety Tips

As a Georgia injury lawyer, I read almost everyday about a death or serious personal injuries sustained as a result of an All Terrain Vehicle ATV accident. With the increasing popularity of ATVs it is inevitable that there will be more accidents and injuries; however, most are preventable. Without exception, most ATV accidents can be traced back to a rider who broke at least one of the ATV Safety Institute’s Golden Rules. Whether you’re riding in a public park or on private land, keep these

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Treadmill Accidents Can Cause Serious Injury or Death

The Atlanta lawyers of Finch McCranie LLP often see cases in which children are injured on exercise equipment such as treadmills and weight machines. The tragic death of boxer Mike Tyson’s 4-year-old daughter may seem like a freak occurrence, but the Consumer Product Safety Commission reports that treadmills injure more children than any other type of exercise equipment.
According to CPSC figures, almost 5,500 children under age 5 were treated in emergency rooms in 2006 and 2007 for treadmill-related injuries.
While most had cuts, bruises
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Landmark Cigarette Ruling Upheld

Last Friday the U.S. Court of Appeals in Washington essentially upheld a landmark ruling that found cigarette makers deceived the public for decades about the health hazards of smoking.
The Court of Appeals upheld the major elements of a 2006 ruling that found the nation’s top tobacco companies guilty of fraud and violating racketeering laws. The ruling said manufacturers must change the way they market cigarettes. It bans labels such as “low tar,” “light,” “ultra light” or “mild,” because such cigarettes have been found to
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Drug Companies Agree To Reimbursement of Taxpayers

The attorney general of Alabama has announced that 14 major drug companies will pay Alabama $89 million to settle a lawsuit accusing them of defrauding the state Medicaid agency. This lawsuit brought on behalf of the taxpayers of the state of Alabama is one of many throughout the United States brought by state’s Attorney Generals accusing drug manufactures of overcharging and defrauding states for the purchase of drugs used in state sponsored medicaid and health care programs. The lawsuits essentially allege a pattern of fraud
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Product Liability Claims And Other Claims Related To Dangerous Machinery

Georgia injury lawyers, handling a claim for a catastrophically injured employee or the family of a deceased employee, our investigation will often reveal that the employee received injuries while working on or around a piece of machinery that caused the death, some traumatic amputation or other trauma to the employee. In such a case, the attorney must consider potential product liability claims, such as defective design, manufacture, assembly, testing or failure to warn or misrepresentation. The Supreme Court of Georgia has outlined the
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Medical Error Costs Quantified

Preventable medical errors add extremely high costs to the healthcare provided in Georgia and across the United States. The Society of Actuaries, the largest professional organization dedicated to supporting 21,000 members in the United States and Canada, recently commissioned a study to assign a cost to these medical errors.
The study defined measureable costs of medical errors to include increased medical costs, costs related to an increased mortality rate, and costs related to lost productivity after the occurrence of an error. Most other costs of
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Hit-and-Run Crash Results In Death Of Georgia Motorcyclist

Inattentive drivers are responsible for many Georgia motorcycle accidents every year. Sadly the negligence of these inattentive drivers often results in the serious injury or wrongful death of the motorcyclist. Such may have been the case yesterday in Macon, Georgia when a woman driving a 1999 Chevrolet Impala ran a stop sign at the intersection of Peeble Street and Second Avenue and struck a motorcycle. According to witnesses, the woman struck 59-year old James Collins of Danville and then left the scene of the accident. The victim was pronounced dead shortly after the crash.
Hopefully authorities will be able to apprehend the driver and prosecute her for her callous, criminal conduct and hopefully for the family of the victim, there will be insurance coverage to compensate them for their loss.

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Dog Bites and Dog Attacks Are Serious Business – Georgia’s Homeowners Should Beware!

Georgia injury lawyers know that dog bites can result in serious and disfiguring injuries and sometimes the wrongful death. Because of the population of Atlanta area, it is not uncommon to hear about these cases on a weekly basis. It is estimated that almost 5 million Americans each year are dog bite victims. About 800,000 of these are serious enough to seek medical treatment for their injuries. Sadly, about half the victims are children and most of them are between the ages of 5 and 9 years old.

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Reporting Reduces Medical Errors

Acts of medical malpractice are often hidden by the secrecy afforded hospitals and health care providers by various state laws which make these matters confidential and immune from discovery by the public.
In an effort to reduce these sometimes deadly errors, the state of Indiana initiated a method of publicly tracking preventable medical errors. In just the fourth year of reporting, Indiana hospitals and surgery centers reported more than a 10 percent decrease in errors between 2008 and 2009.
Indiana’s Medical Error Reporting System requires
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Depuy Orthopedics Hip Implant Product Recalled

On August 4, 2010, DePuy Orthopedics recalled its ASR XL Acetabular System (hip implant) and ASR Hip Resurfacing System. Recent data from the National Joint Registry of England and Wales indicated a higher than expected revision rate at five years. Specifically, the data showed that the five-year revision rate for ASR XL Acetabular System was approximately 12% and for ASR Hip Resurfacing System was approximately 13%.
The revision rate was highest with ASR head sizes below 50mm in diameter and among female patients.
DePuy is
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Road Debris Can Kill

Not a week goes by that we do not see a significant number of road debris items laying in the middle of Georgia highways. Whether it is an old mattress, furniture, tools, chain, truck tie-down straps or whatever, these items on the highway often result serious injury or death to innocent motorists who encounter and try to avoid them.
In October of 2008, a woman, trying to avoid road debris, died instantly in a single car crash. The accident happened at about 7:30 a.m.
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Traffic Fatalities Show Significant Decrease

Traffic fatalities in Georgia and across the United States have shown a significant decline between 2008 and 2009, according to a report released on Thursday by the U.S. Department of Transportation.
Georgia’s number of traffic fatalities in the period fell by 14 percent for a total of 1,495 in 2009. Florida led the nation with 422 fewer traffic fatalities in 2009, followed by Texas (405 fewer), California (353), Pennsylvania (212) and Georgia (211 fewer).
Increased seatbelt use and campaigns against drunk driving are being credited
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Products Liability Claims Based On Failure To Warn

All manufacturers have a duty to warn consumers of dangers associated with the use of their products. An example of this would be drug manufacturers who dispense and promote the sale of prescription medication with known side effects. Warnings of these side effects must be provided to consumers so that they can make informed choices before they use such products. However, many different products in the marketplace have risks attendant with their use and consequently it is incumbent upon the manufacturer to warn the public
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Suing Restaurants And Lounges For Serving Alcohol To Visibly Intoxicated Patrons

The Dram shop theory of liability is a legal doctrine which essentially holds that restaurants and lounges who serve noticeably intoxicated patrons with alcoholic beverages knowing that they are soon to drive can be held liable to third parties who are injured by such drunk drivers. Drunk driving is a major problem in this country and those vendors, including specifically restaurants and lounges, who serve visibly intoxicated patrons should be held legally liable for the damages inflicted by their customers. Responsible restaurant chains and lounges
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Tire Failures Cause Many Automobile and Truck Accidents

Tire failures have caused the death or serious injury of many motorists in Georgia and across the nation over the years. There are many causes of tire failure but the Georgia injury lawyers at Finch McCranie, LLP know that one of the most common causes for tire failure is heat buildup. Heat buildup, especially in truck tires, usually results from under-inflation, overloading, high speed operation or a combination of these factors. A recent study by The National Highway Transportation Safety Administration (NHTSA) demonstrated that the top two types of damage for tire debris fragments found on the roadside were: road hazard (39%) and excessive heat (30%). Sometimes, tire failures occur because the tires being sold and used on a particular vehicle are not suitable for that vehicle or application.

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