Personal Injury

Defective Fans Subject of Fine By USCPSC

Portable fans have been overheating and causing fires. Now, a company which manufactures these dangerous products will pay a $500,000 fine for not quickly reporting these problems.
Lasko Products received 42 related complaints involving nine injuries and property damage from 2002 through 2005 as a result of malfunctions in portable fans it manufactures.
Federal law requires that companies such as Lasko report potential hazards to the U.S. Consumer Product Safety Commission within 24 hours. The company did not fully report the problems until September of
(more…)

Georgia and National Car Wreck Fatalities Involving Alcohol Impaired Young Drivers

It seems that almost everyday there is a news story in the Atlanta and Georgia media involving the tragic death of a young person in a traffic accident. Many times alcohol is involved.

Fatal car wrecks involving alcohol impaired young drivers are a major concern, especially around the Christmas and New Years holidays. The National Highway Traffic Safety Administration (NHTSA), recently released a study involving alcohol related deaths from crashes involving 21-24 year old drivers. The findings are disturbing.

(more…)

Credit Card Rules Protect Consumers

Consumers have received long overdue protections from abusive practices by credit card issuers . In enacting the most sweeping changes to credit cards in decades, federal regulators on Thursday approved new rules to crack down on unfair and deceptive practices by card issuers.
The rules were issued by the Office of Thrift Supervision and approved later Thursday by the Federal Reserve and the National Credit Union Administration.
The rules, which take effect in July 2010, will let credit card companies raise interest rates only on
(more…)

Construction Accident Lawyer’s Approach to Atlanta Botanical Garden’s Bridge Collapse

The tragedy of preventable construction accidents was repeated last week at the Atlanta Botanical Garden, a beautiful area near my home enjoyed by young and old alike. News reports have described the horror of one dead, and eighteen injured, many of them critically.
In our experience from having handled contruction accidents–including a much larger structure’s construction collapse during the building of Philips Arena that killed ironworkers erecting a section of precast concrete–the injured workers and their families are in a state of shock and confusion.
(more…)

Nursing Home Quality Ratings

Abuse of elderly and disabled persons is one of the most disturbing matters our Atlanta based attorneys see. A report issued last Thursday by the Centers for Medicare and Services has revealed that almost 22 percent of the nation’s nearly 16,000 nursing homes received the federal government’s lowest rating in a new five-star system, while 12 percent received the highest ranking possible.
The new star ranking system has not been well received by the nursing home industry. It has been criticized for being too simplistic
(more…)

Desplome del Puente en los Jardines Botánicos de Atlanta (Botanical Garden Bridge)

Un desplome de construcción que implica un puente fue informado esta mañana en los Jardines Botánicos de Atlanta. Desafortunadamente, parece que había una muerte y muchas heridas graves. Nuestros abogados han investigado y han archivado pleitos en numerosos casos de desplome de construcción. El más notable fue el desplome durante la construcción de la Arena de Phillips (Phillips Arena) en Atlanta.
Mientras los informes no indican la causa del desplome, habrá indudablemente una investigación por “OSHA” (the Occupational and Safety Health Administration) la Administración Profesional
(more…)

Botanical Garden Bridge Collapse–Another Dangerous Contruction Accident

A construction collapse involving a bridge was reported this morning at the Atlanta Botanical Gardens. Unfortunately, there appears to be one death and many serious injuries. Our lawyers have investigated and filed lawsuits in numerous construction collapse cases. The most notable was the collapse during the building of Phillips Arena in Atlanta.
While the reports do not indicate the cause of the collapse, there will undoubtedly be an investigation by OSHA, the Occupational Safety and Health Administration.
Many times attorneys mistakingly believe that any recovery
(more…)

Consumer Interests Boosted By Decision

Consumer protection got an unexpected boost this week when the United States Supreme announced its decision in Altria Group v. Good. In a surprising decision that could have wide-ranging impact, the Supreme Court held that federal law neither expressly or impliedly preempts a lawsuit filed under the Maine Unfair Trade Practices Act by Maine smokers. The underlying lawsuit claims that smokers of Marlboro Lights and Cambridge Lights cigarettes were misled by deceptive labels touting the cigarettes as “light” and “low tar” when the manufacturer knew
(more…)

Dangerous Drug Warning

Dangerous drugs have been placed into the stream of commerce by manufacturers for years without warnings. Recently, the Food and Drug Administration (FDA) ordered the manufacturer of two drugs commonly used before colonoscopies to add warnings to the products. These are commonly referred to as “black box” warnings.
Visicol and OsmoPrep are oral sodium phosphate medicines used for bowel cleansing before colonoscopies. There have been reports of serious kidney injuries linked to their use. The FDA has received reports of 20 cases of kidney injury
(more…)

Accutane Drug Trial Results in A Thirteen Million Dollar Verdict

A New Jersey jury recently awarded nearly $13 million to three acne drug users who developed severe inflammatory bowel disease after taking the medication. The drug, Accutane, is manufactured by Hoffman-La Roche.
The three plaintiffs are Florida residents who used the drug to treat adolescent acne. All three developed bowel disorders including ulcerative colitis and Crohn’s Disease. The jury found that the drug manufacturer should have issued better warnings that the drug could cause bowel problems and that their failure to do so resulted in

(more…)

Malfunctioning Products And Wrongful Deaths

We have read in the Atlanta newspapers this week about the tragic death of three people who died in a house fire in Palmetto, Georgia, which according to news reports was started by “an oxygen generating device that malfunctioned.” Although the news articles do not provide sufficient information to determine how this was concluded, the spokesperson quoted was from the State Insurance and Safety Fire Commissioner’s Office. It appears, therefore, that the tragic fire which resulted in the three wrongful deaths was caused by a malfunctioning product, which shorted out somehow and caused the blaze resulting in these three tragic deaths.

(more…)

Wrongful Death Of A Child Where The Parents Are Divorced Or Separated

Georgia has an “equitable apportionment” statute which essentially states that either parent of a deceased child, when divorced, separated or living apart, may file a lawsuit for the wrongful death of their child, notwithstanding the divorce or separation. In such a case, the parent that brings the wrongful death case does so in a fiduciary capacity proceeding not only on their on behalf but also on behalf of the divorced/separated spouse who obviously also has a legal interest in the death of their child.

(more…)

Punitive Damages In Georgia Wrongful Death Actions

In Georgia, as a general rule, punitive damages are not allowed in a wrongful death action. Commentary in various legal decisions have indicated that because damages in a wrongful death are somewhat punitive by nature that an award of additional punitive damages would be inappropriate. While punitive damages may not be collected in a wrongful death action per se, nonetheless, because of the unique provisions of Georgia law which confer upon the personal representative the right to bring a claim for property damage and/or
(more…)

How Does A Jury Calculate The Full Value Of The Life Of The Decedent?

In a wrongful death action, as indicated in other entries, juries in Georgia are permitted to award both economic and non-economic damages for the “full value of the life of the decedent.” We have written before about the intangible elements of the non-economic damages and the calculations that one would argue to a jury that would be appropriate in establishing lost wages over the earning lifetime of the decedent.
In calculating damages for the full value of the life of the decedent, obviously, every
(more…)

Road Debris On Georgia Highways Can Kill

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. Not a week goes by that we do not see a significant amount of road debris laying in the middle of Atlanta highways. Just last week 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 rubber in the roadway. After running off the roadway, she apparently over-corrected, came back onto the roadway and struck the tractor-trailer rig.

(more…)

Using Annuity Mortality Tables In Wrongful Death Actions

Under Georgia law, there is a statutory Annuity Mortality Table which was passed into law in 1949. This table is commonly referred to by Georgia lawyers as “The Annuity Mortality Table 1949 Ultimate.” The figures in this table have been used for years in wrongful death actions and are still relied upon by juries today in assessing damages. Essentially, the Mortality Table shows that if a person has lived to a certain age that it is likely they will live a certain additional number
(more…)

Proving Damages For The Wrongful Death Of A Child

Obviously, the heartache, trauma and tragedy of losing a child is unspeakable. And yet, as set forth in prior entries, the measure of damages under Georgia law is not from the standpoint of the parents who sustained the loss of a child but rather from the standpoint of the child who lost their life. This can be difficult for any lawyer to prove because a child does not have proven earning’s records nor is the child’s future easily predicted. Typically, because parents who lose children
(more…)

Recreational Boating Accidents In Georgia

Whether on a pontoon boat, bass boat, ski boat or jet ski, recreational boating is a popular activity enjoyed by millions of Georgians. However, according to the United States Coast Guard, boat accidents and boating related injuries are on the rise in lakes, rivers, and coastal waterways with over 5,000 accidents occurring each year, nationwide. The U. S. Coast Guard keeps and publishes statistics on the various causes of boating accidents. Tracking data from 2006 – 2007, the Coast Guard reported in the 2007 Recreational
(more…)

Wrongful Death Actions: Claims For Funeral, Medical And Other Expenses

One would think that under Georgia law, the same person or persons who has the right to bring a wrongful death case would also have a right to seek compensation for funeral, medical and other expenses pertaining to the wrongful death. And yet, under the unique provisions of Georgia law, this is not the case. Under O.C.G.A. § 51-4-5, it is the personal representative of the decedent who has the right to recover medical and funeral expenses. Typically, therefore, it is necessary to have
(more…)

Golf Cart Accidents Can Be Caused By Failure To Maintain Brake Systems

Brake system care of golf carts is very important. Golf carts can be just as lethal as automobiles if not operated and maintained properly. When used carelessly, a golf cart can kill or severely injure the driver and passengers, innocent bystanders, or it can cause significant property damage. There are a number of things that can be wrong with golf cart brakes to create these types of situations.

(more…)
Secret Link