Georgia Legal Report

As temperatures plumet throughout Georgia, black ice and winter storms become a safety hazard for drivers and home owners. Commissioner Ralph Hudgens offers safety tips and liability warnings in today's Catwalkchatt.com article:

At Home

• Heating equipment is one of the leading causes of home fires in Georgia. Portable space heaters, open fireplaces and wood stoves can be dangerous if misused. Keep them away from curtains, draperies, and other flammable material. Make sure heaters have adequate ventilation, and always follow the manufacturer's operating instructions.

• Install an adequate number of smoke alarms. Most fatal fires start between 11 p.m. and 6 a.m., while the family is asleep. The advance warning of a smoke alarm may mean the difference between life and death.

• When temperatures drop into the teens or twenties, homeowners should be prepared for frozen pipes. Leaving kitchen cabinet doors open will allow warm air to reach pipes. If the worst happens, repairing damage to internal plumbing caused by freezing, and related damage to carpeting, furniture and other belongings may be covered by your homeowners policy.

• Secure your property. For example, if a tree falls and damages your roof, cover the affected area with a tarp or plywood to reduce further damage. Your insurance company will reimburse you for repair costs, but may not pay for subsequent damage caused by rain, sleet or snow. Keep receipts of materials used for repairs.

• Each household should have a well-rehearsed family escape plan. All rooms, especially bedrooms, should have two escape routes. Have a predetermined meeting place outside the house so you can be sure everyone is out safely.

On the Road

• Remember in severe weather to drive with caution. Inclement weather does not absolve you of liability should you have an automobile accident. It is your responsibility to drive with a degree of caution warranted by hazardous conditions.

Check Out the Full Article for More Winter Storm Safety Tips.

Bounce houses and inflatable indoor playgrounds have become one of the most popular forms of child entertainment at birthday parties, fairs, and malls. The lack of hard surfaces and sharp edges combined with a relatively contained space attracts parents seeking a safe, fun option for their children. Unfortunately, what starts out as a day of fun can often lead to a trip to the emergency room.

Dr. Gary Smith, a pediatric emergency physician of the Nationwide Children's Hospital, noticed a dramatic increase in children suffering from bounce house-related injuries and decided to conduct a study to see if this increase was reflected across the United States.

CNN highlights Dr. Smith's startling findings:

According to its data, the number of inflatable bouncer-related injuries rose 1,500% between 1995 and 2010.

Nearly 1 in 5 children, or 18.5%, had head and neck injuries. However, only 3% of children required hospitalization, according to the study.

How can I prevent bounce house injuries?

Dr. Smith calls the disturbing increase "an emerging hazard, something that should be taken seriously, but something that can be prevented." One way to prevent such injuries is a call for national safety guidelines, similar to those developed for trampolines. Bouncer operators and vendors need to follow through on enforcing their own safety policies. Lastly, parents should heed the following advice from Dr. Smith:

• Based on developmental abilities, don't let children under the age of 6 play in these inflatable devices.

• Having one child play at a time is the safest, but that's not very realistic (or much fun), so only have children of similar age and size play inside these bouncers at one time.

• Horseplay, flips and somersaults should be prohibited; that kind of play leads to the most dangerous injuries.

• Always have an adult present when these devices are in use -- but not inside with the children. Adults (parents and/or bounce center operators) should be in a position to observe and intervene if children are engaging in horseplay or doing flips and somersaults.

Who is liable for my child's bounce house injury?

Injuries and wrongful deaths occur from time to time at amusement park bounce houses and indoor inflatable-bouncer playgrounds, such as Monkey Joes. Georgia premises liability lawyers are the most capable of handling such cases, and it is best that these lawyers get involved as quickly as possible to prevent the destruction of any evidence. Surveillance tapes may be destroyed after 30 days, for example, and these tapes could prove to be the most valuable evidence in pursuing a case against the indoor playground or amusement park. If your child or loved one has been injured in a bounce house-related injury and you're in need of legal assistance, please contact The Murray Law Firm toll free 888.842.1616.

CNN, the Pediatrics journal, and The Child Injury Prevention Alliance have more information on Dr. Smith's study and inflatable bouncer safety.

As an Atlanta, Georgia based car accident and workers compensation law firm , we receive hundreds upon hundreds of telephone calls per year from potential Clients who simply ask "how much is my motor vehicle injury or work injury case worth?" In order to better assist our callers, we have created a Free 60 Second Case Evaluation. The process is simple: fill out our quick fill form (click this link) which takes less that 60 seconds to complete, and we'll get back to you within 10 minutes with a preliminary value for your case.

Although we have only recently started offering our Free 60 Second Personal Injury and Workers Compensation Case Evaluations, it has quickly become so popular and useful to potential Clients that we are now on call 24 hours per day. A Georgia personal injury, wrongful death, or workers compensation lawyer will respond quickly with a tentative case value and answer any all questions without cost. For those who wish to speak with our Georgia personal injury and workers compensation law firm immediately, please call 888.842.1616.

Although our firm is based in Atlanta, we have recovered millions of dollars for our Clients throughout Georgia. We handle cases from Dalton to Savannah and Augusta to Columbus. For those potential Clients outside of Georgia, we also offer nationwide attorney referrals for personal injury and workers compensation cases.

Our law firm was recently hired by a man seeking an Atlanta accident attorney to assist him with his personal injury case. The man was involved in a motor vehicle accident while driving his company's truck. The motor vehicle accident was not his fault, and the man suffered a spine injury as a result of the collision. He contacted us to assist him in his workers compensation claim against his employer. When we informed him that Georgia law allowed his attorney to also pursue a personal injury claim against the at fault driver, he was surprised. Apparently, his employer had told him that Georgia workers compensation law only allowed him to pursue a workers' comp claim.

This story inspired me to offer two lessons to our blog readers. The first lesson is, if you are ever involved in a work accident, be immediately skeptical of whatever advice your employer offers you. Too many times as a Georgia attorney have I seen my workers' compensation Clients misled by an employer whose primary concern is the impact that the work injury will have on its insurance premium. As we have posted in prior blogs entries, the victim of a work accident in Georgia in entitled to a number of benefits ranging from medical care to weekly indemnity checks. The workers compensation system in Georgia is very intricate, and an injured worker should seek the assistance of a qualified Georgia attorney before taking any advice from an employer.

The second lesson is that the workers compensation system is not always the only avenue of redress for an individual hurt in a work accident. It is true that Georgia law includes a statute that is commonly referred to as the 'exclusive remedy doctrine' which prohibits an injured worker from bringing a personal injury action against its employer. This statute does not, however, apply where a third party unrelated to the employer is at fault in causing the work accident. Under such circumstances, the injured worker may also have a personal injury case in addition to the workers compensation claim. Examples of this would be where a company driver is hurt in a car accident caused by another driver (car accident personal injury case), where a worker is hurt by a faulty machine (products liability claim), or where an injured worker slips and falls or is the victim of a violent crime while on a property not owned or leased by the employer (premises liability case).

In order for a victim of a work injury to properly assess any and all claims that are available under Georgia law, it would be advisable for the injured worker to seek guidance from a Georgia attorney. The Murray Law Firm has recovered millions of dollars for our workers compensation clients, and we would be pleased to answer any questions from potential Clients free of charge. The Murray Law Firm is based in Atlanta, and represents Clients throughout Georgia including Savannah, Augusta, Columbus, Macon, Dalton, Rome, and Athens.

Injuries and wrongful deaths occur from time to time at amusement parks such as Six Flags Over Georgia and Six Flags Whitewater. Atlanta premise liability lawyers and attorneys are the most capable of handling such cases, and it is best that these lawyers get involved as quickly as possible to prevent the destruction of any evidence. Surveillance tapes may be destroyed after 30 days, for example, and these tapes could prove to be the most valuable evidence in pursuing a case against the amusement park.

In a recent case, a teenager was seriously injured when she was chased by costumed characters at Six Flags Over Georgia. While trying to escape the chase of the character, the teenager ran into a railing and fractured her hip. Extensive surgery was required to repair the injury, and the teenage will have permanent scarring and discomfort as a result.

While Six Flags denied liability for the teenager's injuries, the case eventually settled for $125,000.00. As a premise liability law firm, we understand that sometime's it is better to settle a case that to take it to trial. In this circumstance, the Plaintiff was willing to accept the offer of settlement made by the amusement park.

A Marietta man injured when a pallet of plywood fell on him while shopping at Home Depot was recently awarded $1.5 million dollars by a Georgia jury. As an Atlanta personal injury attorney representing victims in premises liability claims, this was an excellent result for the Plaintiff. Do-it-yourself warehouses such as Lowes and Home Depot are extremely dangerous venues, and personal injury claims are common.

Premise liability lawyers in Atlanta and throughout Georgia are able to request that a jury award their Clients compensation for the financial damages (medical bills, lost wages, etc.) that they have incurred via a personal injury, as well as for the pain and suffering that they have incurred incidental to their injuries. In the Atlanta Home Depot personal injury premise liability case, the jury awarded the Plaintiff medical expenses in the amount of $120,000.00.

In addition to compensation for his pain and suffering and for his medical expenses, the Plaintiff was also awarded a sum for past and future lost wages. His wife was also awarded $30,000.00 for her loss of consortium.

As an Atlanta premises liability lawyer who represents Clients in slip and fall cases, I am anxiously awaiting the result of a case against Wal-Mart that is scheduled to go to trial in the coming months. The case involves a slip and fall accident that ultimately resulted in the wrongful death of the victim. In July of 2009, Julie Lehman was shopping in Wal-Mart when she slipped on a wet floor in the automotive section of the store. She was diagnosed with a blood clot in her brain incidental to the fall, and she was compelled to undergo emergency surgery. Julie died while in surgery, and her husband thereafter brought suit for her wrongful death and her pain and suffering.

Atlanta's best lawyers, and attorneys throughout Georgia, will readily admit that slip and fall cases are among the most difficult to win. This is because the law as it currently stands in Georgia heavily favors store owners. In particular, in order to establish that a store owner is liable for the injuries in a slip and fall case, Georgia personal injury attorneys are required to establish: (1) that the owner either knew, or should have known, of the dangerous condition which caused the fall; and, (2) that the injured victim did not have knowledge of the condition. The hardest of these elements to prove is the knowledge of the store owner. The law as is currently stands does not require a store owner to check it's aisles for dangerous conditions at very frequent intervals. Some cases hold that a walk through every 90 minutes is satisfactory, and if a dangerous condition occurs within that interval it would not be required to have knowledge of that condition. This is very unfair to injured victims as it does not require the store to be very proactive in preventing dangerous conditions from arising.

Our law firm has been very successful in pursuing premises liability/slip and fall cases in Atlanta and throughout Georgia, but it is critical that we are contacted by the injured victim as soon as possible. The reason for this is that we want to make sure any evidence which establishes that the store owner failed to conduct a search of its store is preserved. Store surveillance videos are a great source for establishing this, and, as many such tapes are erased every 30 days, we want to demand that the store owner refrain from erasing the tapes.