Georgia Injury Law Blog

Published on: October 9, 2026

HHS Office of Inspector General Investigation Finds Inappropriate Use of Antipsychotic Drugs to Treat Dementia Residents in Nursing Homes

The Department of Health and Human Services Office of Inspector General published a report in March 2026 (https://oig.hhs.gov/documents/evaluation/11547/OEI-02-23-00200.pdf) of a review that highlighted the inappropriate use of antipsychotic drugs in nursing homes. Of course, nursing home abuse is a significant issue in the United States and results in a significant number of personal injury lawsuits each year.

It has long been a concern that the sedative effect of antipsychotics may be being used by nursing home staff to control residents’ behavior. This is especially concerning because antipsychotic drugs are not approved by the FDA to treat patients with dementia. In fact, the FDA has imposed a black box warning, the strongest warning, on the use of antipsychotic drugs by elderly patients with dementia. Accordingly, the use of these medications is very often a sign of negligent care and treatment by the nursing home staff. The Centers for Medicare & Medicaid Services (CMS) has put in place restrictions on the use of drugs in nursing homes that participate in Medicare and Medicaid, including that residents must be “free from chemical restraints imposed for the purposes of staff convenience.” Additionally, nursing homes must have a documented clinical rational for administering a medication based on the resident’s condition and is consistent with the manufacturer’s recommendations and/or clinical practice guidelines.

The OIG’s review found that nursing homes gave antipsychotic drugs to residents with dementia to manage their behavior for the benefit of staff, even when this behavior posed no risk to themselves or others. Medical directors failed to prevent this inappropriate use of such drugs with one nursing home psychiatrist admitting that “[the] medications are more [for the] benefit of [the] staff.” The review also found that nursing home pharmacists failed to identify medical concerns and did not recommend dosage reductions despite CMS requirements for monthly review of residents’ medication regimens. The failure of a pharmacist to identify these issues may also be found to be negligent conduct. Further, the review found that inadequate policies and procedures undermined safeguards that were meant to protect residents from inappropriate use of antipsychotic drugs.

Published on: September 30, 2026

Preventing Slip and Fall Accidents for Seniors

by Robert N. Katz, Esq.

The US population is aging: between 1980 and 2022, the median age increased from 30.0 to 38.9. As the Baby Boomer generation ages, there are increasingly more seniors when compared with the general population. This increase brings with it the increased potential for fall risks in public spaces. According to the CDC, falls were the leading cause of injury death for those 65 and older, and emergency departments reported about 4.5 million visits from seniors after a fall. While often overlooked, improving protections against fall is an important step in preventing slip and fall accidents, especially in seniors for whom such injuries can be debilitating.

The National Council on Aging created a questionnaire for seniors to check their risk of potential falls. It includes some of the following questions:

Have you fallen in the past year?

Published on: September 18, 2026

Distractions Cause Accidents in Parking Lots

by Robert N. Katz, Esq.

When most people envision a motor vehicle accident, they imagine it occurring on a roadway. However, the National Safety Council found that 1 in every 5 crashes occurs in a parking lot or parking garage. In fact, at least 60,000 people are injured and about 500 people die annually in parking lot crashes. Many of these accidents involve distracted motorists. The National Safety Council says that a focus on avoiding distractions in these areas as well as technology that can prevent such crashes could help reduce those accident numbers.

Parking lot accidents often two or more motor vehicles, but they can also involve a motor vehicle and a pedestrian. The latter are very common, and get a lot of attention because the pedestrians in these cases may suffer serious injuries as a result of these accidents. According to a public opinion poll, 66 percent of motorists admit that they use their phone calls for various activities while driving in a parking lot. In addition, respondents said they would use the following programs while driving in a parking lot: GPS (63 percent), texting (56 percent), social media (52 percent), email (50 percent), or even take photos or watch videos (49 percent). The poll found teenagers slightly more likely to do personal grooming while driving, while adults were slightly more likely to talk on the phone.

Why do motorists use distracting devices in parking lots? Unfortunately, many motorists have a false sense of security while driving through a parking lot. Several things contribute, including lower speeds and less moving traffic. However, pedestrians are even more present in parking lots than they are on roadways, including child pedestrians. The risk of a crash increases during busy shopping times and during the holidays. The risks are compounded by the fact that holiday shoppers are usually in a hurry to back out or get home.

Published on: August 27, 2026

Dangers of Mechanical Failure in Motor Vehicles

by Robert N. Katz, Esq.

Mechanical failures in trucks and other motor vehicles can cause catastrophic accidents and injure vehicle occupants, as well as others at the scene. Just such an accident occurred August 25, 2026, when a dump truck suddenly lost power. The driver was unable to brake or steer, causing him to ram the vehicle into a Super H gas station in Bethlehem, Georgia. A store clerk inside the store was injured and taken to the hospital.

According to National Highway Traffic Safety Administration (NHTSA), only about 2% of total crashes in the US are the direct result of a mechanical failure. This statistic does not mean that only 2% of crashes involve mechanical failure; rather, this statistic points to crashes in which the “critical reason” for the crash was mechanical failure. This does not include cases in which mechanical failure led to a driver overcorrecting, slamming on brakes, or swerving in response to a sudden issue with the vehicle. It can also be difficult to attribute 100% of fault in a crash to mechanical failure. Fault in these cases must be determined by post-crash investigation, and this can contradict police reports and witness statements that tend to focus on human error. There are also cases in which the driver ignored warning signs, such as low tire tread or dashboard warning lights, until it was too late.

Brake system failure represents 22% of accidents caused by mechanical failure, by far the most common cause of these crashes. Brake failures are often caused by worn brake pads, corrosion, or a leak in the brake line. These issues worsen over time, and can be easily missed without consistent vehicle checks with a mechanic. Other mechanical issues include tire blowouts or tread separation, steering system malfunctions, suspension system defects, and transmission failures.

Published on: August 13, 2026

How Safe is Your Child’s School Bus?

by Robert N. Katz, Esq.

As of August 7, public schools were back in session across all Georgia districts. For many students, back to school means riding the school bus, and parents rely on bus drivers to be safe custodians of their children. Unfortunately, accidents can occur. Since school started back in Dougherty County, there have been three accidents involving school buses, although no injuries have been reported. This was not the case in Walker County, where five children were sent to the hospital after a bus accident on September 9, 2025. In this case, the driver went off the road while navigating a curve and struck a tree. Meanwhile, earlier today a Barrow County school bus partially overturned while 34 students were inside, and six students were taken to a hospital. Given these incidents, how safe is it for students to use school-related transportation?

The National Highway Traffic Safety Administration tracks school transportation related crashes, and puts these stories into perspective. There were 358,460 fatal motor vehicle crashes from 2015 to 2024. Of these, only .3% involved school transportation, with 1069 people killed in school bus accidents, or an average of 107 per year. Of these fatalities, 19% were school age children aged 18 or younger. By comparison, more school-aged children were killed during the same time period as pedestrians, and millions of children ride school buses safely every year. School buses are also designed with safety in mind, which distributes crash forces differently and makes it much less likely to be injured on a school bus than in a passenger car.

Of course, no parent wants their child to be part of that statistic. While some accidents are not avoidable, there are certain tips to help keep children safe while using school transportation. The most dangerous time for children using school transit is not while riding the bus, but while entering or exiting. Parents should teach their children the following rules:

Published on: August 7, 2026

Protect Your Loved Ones from Elder Abuse

by Robert N. Katz, Esq.

On Tybee Island, a family is searching for answers after their loved one died in the care of The Rosewood nursing home. Frederick Dillard was a 61-year-old quadriplegic at the time of his death, when he was found half hanging off his bed with his elbow wedged into a half side rail. According to a Department of Health and Human Services (DHHS) report, he had not been checked on by staff in about four hours. This facility had been previously investigated by local news in 2025, and in response the facility changed their name from Oceanside Care Center to The Rosewood. Such strategies are sometimes employed by long-term residential care facilities following bad press or investigations, making it harder for families to intelligently select a safe nursing facility for their loved ones. Families are encouraged to use the online Medicare search tool to compare facilities, which tracks facilities regardless of whether or how frequently they change their names.

The National Center on Elder Abuse tracks national statistics for elder abuse and neglect. In 2023, they found that US nursing homes were fined $153 million for health violations, which amounts to about $10,000 per facility nationwide. About 10% of Americans 60 or older reported abuse or neglect while living at home, while 16% of residents in long-term care facilities reported abuse. Those with dementia are particularly at risk, with 1 in 2 people with dementia experiencing abuse. One of the causes for abuse is understaffing, which has worsened in recent years, as residents received 3.77 hours of daily care in 2023, down from 4.13 hours of daily care in 2015. This problem is particularly noted at for-profit private nursing homes, which comprise about 69% of nursing homes in the US. In order to maximize profits, for-profit homes are more prone to understaffing.

Signs that a loved one is experiencing elder abuse are diverse. In particular, families should watch out for the following:

Published on: July 24, 2026

Pedestrian Fatalities Still High After Covid

by Robert N. Katz, Esq.

In so many areas of American life, there is a before the pandemic and after the pandemic. One of these areas, unfortunately, concerns pedestrian deaths. During and after the pandemic, pedestrian deaths spiked, with 7,485 deaths in 2021, the highest number in 40 years. Thankfully, pedestrian deaths are on the decline. In 2025, deaths per 100,000 population dropped below 2.0 for the first time since the pandemic with a 7% decrease from 2024. Unfortunately, this is still 5% higher than pre-pandemic levels, with a total of 6,732 pedestrians killed by motor vehicles. In addition to the total numbers of fatalities, State Highway Safety Offices’ data was analyzed by Governors Highway Safety Association (GHSA), and they discovered the following insights about pedestrian accidents and deaths.

More than 1,100 people (15% of all pedestrian deaths) died on freeways and interstates, which aren’t designed for people walking. This number includes people not normally considered pedestrians, such as first responders and tow truck drivers. Many people are also injured or killed when exiting vehicles after an accident or car breakdown. This highlights the need to stay in your vehicle after an accident until first responders arrive, and not to leave the vehicle unless necessary.

SUVs and pickups account for more than half of pedestrian fatalities. In 2024, 50.4% of pedestrian fatalities were related to light trucks, which includes pickup trucks, SUVs, and vans, whereas 40.6% were caused by passenger cars. As more Americans drive large vehicles, pedestrian fatalities are likely to continue rising, even as deaths for auto passengers decline.

Published on: July 15, 2026

Protect Yourself Against Road Rage

by Robert N. Katz, Esq.

While driving down the highway, you don’t expect to be the victim of gun violence, but that’s exactly what happened to a man in Troup County on July 14. He was driving on I-85 South near Hogansville when a van in front cut him off. He blew the horn and proceeded to use the Hogansville exit when he was followed and then shot. One of the bullets went through his car and pierced his leg. Police pursued the suspect who was arrested and charged with aggravated assault and discharging a firearm from a moving vehicle. The injured man was taken to a nearby hospital for treatment.

Such extreme occurrences are rare, but aggressive driving and road rage are not. The National Highway Traffic Safety Administration distinguishes between aggressive driving and road rage. Aggressive driving is a traffic offense, and includes actions such as tailgating, weaving in and out of traffic, running redlights, changing lanes without signaling, and speeding in heavy traffic. Road rage, on the other hand, is a criminal charge that includes rude hand gestures, forcing another car off the road, bumping another vehicle, brake checking or flashing lights to intimidate other drivers, confronting other drivers, and physical assault, including physical assault with a weapon. One type of road rage, gun violence in vehicles, has gone up since 2020. The Gun Violence Archive, a nonprofit that measures injuries from gun violence in vehicles, shows that injuries and fatalities rose after 2020, peaking in 2022 with 148 people killed and 421 injured.

Exact statistics of road rage can be difficult to determine, as states measure it differently or apply instances of road rage to other criminal categories. As of July 2026, only ten states have laws directly penalizing road rage. In Georgia for instance, there is no law specifically against road rage, so prosecutors apply laws against aggravated assault, terroristic threats, reckless conduct, criminal damage to property, and weapons offenses. However, the Department of Transportation does track fatal crashes caused by poor driving. While Georgia is not one of the top states, the city of Macon, Georgia was cited in 2021 for being the top fourth city in the U.S. for these fatalities, with 10.2 fatal crashes per 100K people. This city’s rate of aggressive driving is also double the national average.

Published on: July 1, 2026

Prevent Firework Injuries this Fourth of July

by Robert N. Katz, Esq.

As Americans gear up to celebrate the Fourth of July and our nation’s 250th anniversary, many plan to shoot their own fireworks. However, before you purchase and use fireworks, it’s important to know which fireworks have been recalled, which fireworks are legal in your state, and how to use them safely.

While fireworks can be fun and awe-inspiring, they are also responsible for injuries and even deaths. According to the US Consumer Product Safety Commission (CPSC), fireworks use has doubled from 2000 to 2025, with estimated injuries also growing 36.8%. In 2025 alone, fireworks were associated with an estimated 13,005 injuries, with 25% of these injuries requiring hospitalization and 24 fatalities. The most common types of injuries in 2025 were fractures, amputations, and burns. The National Fire Protection Association also reports that in 2024, fireworks resulted in 34, 079 fires, causing both structural damage and injuries, including injuries to children.

While most fireworks purchased in the US are legal, there are fireworks that have received one or more Notice of Violation from the CPSC. These notices were for violations such as pyrotechnic material leakage, containing prohibited chemicals, being prone to turn over while in operation, or lack of secure fuel attachment. If you were injured while using fireworks, it’s worth making sure that your product was not the target of one of these notices. In addition to NOVs, some fireworks are recalled for lack of safety. On June 18, 2026, Bada Boom Fireworks recalled their product “Diablo Rising.” This product was found to violate the federal limit for pyrotechnics, and therefore is liable to cause severe burns and injuries. Customers who purchased this product can return it for a full refund by contacting Bada Boom Fireworks at (570) 646-9029 or by email at badaboomfireworks@yahoo.com. In addition, before purchasing other fireworks it’s worth checking to make sure your product hasn’t been recalled.

Published on: June 18, 2026

Liability in Multi-Vehicle Accidents

by Robert N. Katz, Esq.

A multi-vehicle crash injured four people in Dodge County on June 9. The incident began when a Nissan Altima turned left onto Georgia 87, thereby failing to yield to a BMW SUV. Upon impact, the BMW ran off-road and hit a utility pole, and the Altima was pushed into a southbound lane where it was hit head-on by a Volkswagen Beetle, causing a fire. Thankfully there were no fatalities, but the occupants of the Volkswagen and the Altima driver were taken to a nearby hospital with injuries.

In multi-vehicle accidents such as this, the liability and negligence issues can be complex, and the outcome for injured persons varies by state. Georgia, along with 37 other states and the District of Columbia, is an at-fault state. This means that the driver deemed responsible or liable for the accident is financially responsible for the injured party or parties, including both property damage and injuries. The other factor to consider, especially in a multi-vehicle crash, is comparative negligence. This comes into play when more than one driver was at-fault, but one was considered more at-fault than the other. For example, if Driver A is deemed 70% responsible for the crash, but Driver B was deemed 30% responsible, then Driver B can only receive 70% of the damages available. States differ in their laws surrounding comparative negligence. Georgia uses a modified comparative negligence system, which means an injured party can still recover if they were partly at-fault, but only if they were considered less than 50% at-fault. If a driver is considered 50% or more to be at-fault for an accident, they are unable to collect anything from another party. Multi-vehicle accidents complicate this process because there are more than two drivers involved, and the potential for more than one driver to be at-fault, to one degree or another, is increased.

When determining negligence, especially in a multi-vehicle accident, various factors have to be considered. First, was there a driver who obviously acted negligently? Driver negligence can include obvious cases such as DUI or breaking a traffic law, such as running a stop sign or failure to yield the right-of-way. A driver can also be held negligent for if the vehicle’s headlights or blinker do not function correctly. Depending on the road conditions and weather, driver negligence can mean failing to adapt to these conditions. For example, a driver may be going too fast for conditions during a rainstorm. Another consideration in a multi-vehicle accident is which driver made the first impact. While this would appear to indicate negligence, it’s not always the case. For instance, a car parked illegally in the road could cause an accident in which another vehicle hits them, making the first impact.