Personal Injury

Home Propane Gas Explosions Can Cause Injuries and Death

One of the Georgia injury lawyers at Finch McCranie, LLP recently got a case involving a propane explosion which completely burned and destroyed the client’s home. The explosion could easily have resulted in the death or serious injury of the clients entire family, including their new baby. Fortunately the injuries were not life threatening; however, they lost everything they owned and have no insurance to replace the home.
Propane is a highly combustible hydro-carbon gas, similar to ethane and butane. Propane gas is compressed
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Charter Bus Accident in Atlanta Repeats Bluffton University Bus Accident on Interstate 75

As the lawyers who represented the most seriously injured survivor of the March 2007 Bluffton University bus accident on I-75 in Atlanta, we were greatly disturbed today to hear that two charter buses from Detroit reportedly have crashed at exactly the same location on I-75 in Atlanta.
WSB-TV reports that the two buses mistakenly took an “HOV-only” left exit ramp from I-75 southbound in Atlanta at Northside Drive, instead of staying on I-75’s regular HOV lane. The buses were carrying a high school band. The
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Drug or Prescription Errors Can Cause Death and Serious Injury

As Georgia injury lawyers, we often get calls about pharmacy mistakes and prescription errors being committed by medical providers, including drug stores. Many times, the mistakes are caught before any damage is done; however, sometimes serious injury or death occurs. Recently, we read about a case where a pharmacist at a Wal-Mart store allegedly mislabeled a pill bottle, resulting in a woman in her 70’s taking twice the recommended and prescribed dose of a blood pressure medication. As a result, she has suffered serious
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Medical Device Dangers Are Avoidable

Our attorneys have seen many cases in which patients are injured, sometimes severely, by healthcare professional in Georgia hospitals committing careless and preventable errors or by medical device defects.
The ECRI Institute recently released its annual list of top hospital medical device hazards for last year. The ECRI Institute, a nonprofit organization, dedicated to bringing the discipline of applied scientific research to discover which medical procedures, devices, drugs, and processes are best, in an effort to improve patient care. It is one of only a
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LIABILITY FOR ATV DEATHS AND SERIOUS INJURIES-ARE YOU AT RISK?

As a Georgia injury lawyer I read more and more about ATV accidents involving serious injuries and deaths, especially among children. Although there have been dozens of tragic deaths, I recall that in 2003 five Georgia children died after a car struck their ATV. The children, ranging in age from 11 to 14, had piled into the ATV and were going for a ride on a winding road during a birthday party when the collision occurred.
Two years ago, we represented the estate of
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ATV DEATHS AND INJURIES ARE ON THE RISE

With the growing popularity of ATV’s or All-Terrain Vehicles, serious injury and death cases are on the increase in Georgia, especially among children. Believe it or not, the only legal requirements governing ATV operation in Georgia are that they have brakes and a muffler, and that the operators do not ride on private property without permission. Because of the ever increasing number of fatalities and serious injuries to ATV operators, especially children, the Georgia legislature decided it was necessary to study this problem to determine

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Worker’s Compensation Claims Overview

In Georgia, worker’s compensation is essentially an insurance program regulated by the state and required of most employers. Worker’s compensation pays medical bills and lost wages for employees who have had work related accidents resulting in illness or injury.
Employees with work-related conditions or injuries are entitled, but not limited, to:
• Reimbursement of travel expenses, including mileage to and from medical appointments
• Prescription reimbursements
• Two-thirds of your weekly wage while you are unable to work and are off work up
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How To Get The Best Settlement In A Personal Injury Case

This past month our firm handled two different cases which both illustrate how to get the best possible settlement for a client in a personal injury case. It is oftentimes said that many cases settle on the courthouse steps. This is true. The reason for this is because if the case is not settled, it will have to be presented to a jury at considerable expense and with great time and effort by all parties. The uncertainty of what a jury might do, either returning
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Should High Speed Police Chases Be Banned ?

The simple answer to the question posed is – No. Some police chases are necessary in order to protect the interests of the public. If someone through a violent act commits the crime of car jacking, is a cop killer or otherwise is attempting to escape law enforcement for the commission of a violent felony where the suspect clearly poses an imminent and present danger to the public, then under such circumstances, the dangers presented by police chases are warranted from a societal standpoint. It
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Dangerous Infant Cribs To Be Banned

Over the years our product liability lawyers have been involved in cases in Georgia in which infants are tragically killed by crib and toy dangers. Now in an effort that we applaud, major manufacturers of infant cribs have agreed on a proposal that would ban drop-side cribs in the United States.
Drop-side cribs allow parents to raise and lower one side for easy access. But bad designs, missing pieces and worn-out hardware have caused the adjustable railings to separate from the cribs. Infants have slid
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Motorcycle Accident Results In Death Of Georgia Man

Not a day goes by that the Georgia injury lawyers at Finch McCranie, LLP don’t read about tragic deaths from automobile accidents, tractor trailer accidents and motorcycle accidents. On Wednesday of this week a popular Georgia High School coach, 46 year old Anthony Glen Barge, was riding motorcycles with his brother-in-law near the Lake Wedowee, Alabama. They were reportedly on the way to visit relatives in the area. According to The Anniston Star, Barge was riding his 2001 Kawasaki motorcycle when he
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More Dangerous Cribs Recalled

Another dangerous product recall by Federal Regulators last Thursday may signal the end of drop-side cribs that most of us have known and used for decades. According to an article by the Chicago Tribune, the Feds recalled another two million drop-side cribs. The moveable sides that raise and lower, making it easier to access babies have repeatedly malfunctioned leading to numerous tragedies around the country. The problem with these cribs is that when the sides separate from the crib, babies’ bodies can slip into the resulting gap. Their heads can get trapped and they have been known to hang to death or suffocate. According to the U.S. Consumer Product Safety Commission, at least 32 children died when their drop-side cribs malfunctioned and another 14 babies’ deaths may be linked to these cribs.
According to the article, more than 250 consumers have reported that the side rails failed on these cribs which were manufactured between 2000 and 2009.

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Employer Liability For Company Cars Involved In Accidents

“When a vehicle is supplied by an employer for the mutual benefit of himself and his employee to facilitate the progress of the employee’s work, employment begins when the workman enters the vehicle and ends when he leaves it on the termination of his labor.” This statement is an exception to the general rule that coming to or going from work is usually not considered to be work within the scope of employment. However, if an employer furnishes a company owned vehicle to an employee for his use to come to work and be on call for the master’s business 24/7 either via a radio, dispatch system, cell phone or other type of communication device, then in that event, a jury question is present as to whether an employee coming to or going from work is acting within the scope of his employment.

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Lithium Battery Cells Endanger Children

Lithium battery cells are very small and sometimes look like a silver quarter. Unfortunately, these batteries are omnipresent and found in virtually every American household, whether it be in remote controls, watches, garage door openers or children’s books. Unfortunately, the tiny batteries that operate all of these devices can be extremely deadly to young children who may swallow them. While there are federal laws that require toys that use these batteries to have battery compartments that are locked with screws, unfortunately, the batteries can be
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Georgia Cracking Down On Repeat DUI Offenders

Georgia injury lawyers have seen the devastation created by motorists who drink and drive. Many of the most serious automobile accidents and trucking accidents are caused by drunk motorists. A large number of the offenders are repeat or habitual offenders. Several years ago, our firm represented the mother of a young man in a Federal Tort Claims Act wrongful death case. The young man, who was walking home from work on the shoulder of the road, was struck and killed by an FBI agent driving a bureau car who left the scene of the accident. Our investigation would later show that the agent had just left a bar after a night of drinking. The police officer who showed up at his home later that evening recognized the agent because she had previously charged him with DUI on the same road earlier that year. A Twelve Step Recovery book was found on the seat in his car.
A new Georgia law is ratcheting up the penalties for such repeat offenders by making the crime a felony. In order for the charge to be a felony, a certain number of offenses within a certain time period will qualify a driver for the enhanced charge. In the case of DUI, four arrests and three convictions in one year will earn you a felony.

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Georgia Automobile Accident Results In Death Of Teenager

A Springfield Georgia automobile accident resulted in the wrongful death of a 17 year old Springfield teenager, Whitney Newman, in the early morning hours last Sunday morning. According to the Savannah Morning News, the teen was a backseat passenger in a Chevrolet Tracker which lost control and flipped over several times, ejecting some of its five passengers. Although authorities did not initially know why the driver lost control of the vehicle, the Georgia State Patrol Specialized Collision Reconstruction Team was investigating. At least two other occupants of the vehicle sustained life-threatening injuries as a result of the accident and they were transported to Memorial University Hospital in Savannah.

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The Federal Tort Claims Act: Attorney’s Fees And Costs

One of the realities of the Federal Tort Claims Act is that the fees for counsel are limited. If the case is settled pre-suit, the fees are limited to twenty percent (20%). If the case goes to trial before the District Court by way of a bench trial, the fees are increased to twenty-five percent (25%) of the award. As is true of most personal injury claims, attorney’s fees are payable from the amount of the recovery, not in addition to it. The United States
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Georgia Patients Denied Recovery For Medical Malpractice

Georgia medical malpractice cases have become increasingly difficult to bring as the legislature enacts more and more restrictive laws. A fact which many do not know is that patients injured by highly negligent actions in Georgia emergency departments have no right of recovery. This is due legislation which established a gross negligence standard which governing the actions of emergency room personnel.
This standard has been interpreted by the Georgia courts as requiring almost intentional conduct.
The extreme unfairness of this law is illustrated by a
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The Summer Motorcycle Season Has Begun In Georgia

Anyone who spends time in the mountains of Georgia or North Carolina knows that the summer motorcycle season is here. It is time for many of us to hit the open road once again. Before you do, we suggest you review some important safety tips, that may help keep you safe this season. According to the National Highway Traffic Safety Administration (NHTSA), approximately 5,100 people died in motorcycle crashes in 2007. This alarming statistic is the highest level since the Department of Transportation began collecting data in 1975.
Many bikers take precautions to avoid accidents, but even when all safety precautions have been made, other driver’s make mistakes that cause serious injuries. A Georgia man lost his foot as a result of an inattentive driver who ran a traffic light; a North Carolina man lost his life when a tractor-trailer turned left into his right of way; and a Florida man suffered a traumatic brain injury when the defendant driver ran a red light. The fact is that there is no way to completely eliminate the risk, even for the most skilled bikers but staying alert and ride defensively can help.

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The Federal Tort Claims Act: Determining The Law Of Liability

When a claim is asserted against the United States government, the claim is based on the alleged liability of the United States in accordance with the law of the place where the negligent act or omission occurred. As an example, if a postal truck runs over someone in the State of Georgia, the laws of the State of Georgia will control whether the acts of the postal carrier driver were negligent. The liability of the United States as stated in other entries is the same
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