Georgia Injury Law Blog

Published on: August 14, 2019

Trespassing: How This Can Affect Your Premises Liability Claim

In Georgia, when a person gets injured on someone else’s property, the injured party may be able to file a premises liability claim for their injuries against the property owner. However, there are some exceptions to the rule, trespassing being one of them.

In order to be able to file a claim for damages under Georgia premises liability law, you must have a legal right to be on the property. In other words, you must either be invited, or expected, on the property by the landowner when your injuries occur. Examples of these persons with this status can include shoppers at a mall, patrons at a restaurant, customers at a grocery store or department store, or guests at a hotel. People who are attending concerts or sporting events are also covered under the law because they have a legal right to be on the property. The legal right of the person to be on the party at the time of the injuries is often used by insurance companies and their lawyers to undermine premise liability claims. It is important, therefore, to determine your legal right to be on the property and identify if you were an “invitee,” a license,” or a “trespasser” in order to build a solid claim that protects your rights.

Sometimes, however, injuries occur when a person has no legal right to be on the property. This person is called a “trespasser,” and the laws governing trespassing and premises liability claims are complex. There is no black and white rule which states that all trespassers, without exception, are ineligible to file claims for damages if they are injured on a property.

Published on: August 7, 2019

Can I Recover Damages for PTSD After a Truck Accident?

by Robert N. Katz, Esq.

The term “PTSD” or Post Traumatic Stress Disorder is typically associated with veterans returning from combat duty. However, the vast majority of Americans who suffer from PTSD attribute the symptoms to non-combat causes. In fact, statistics indicate that as many as a quarter of all Americans have experienced some degree of PTSD after a car or truck accident.

Post Traumatic Stress Disorder is a condition that typically arises after a person has been involved in a frightening or life-threatening situations such as catastrophic car and truck accidents, train accidents, plane crashes, or natural disasters. Being involved in any of these can trigger PTSD. Victims of robberies, rapes, shootings or other crimes may also suffer from mental trauma that can severely impede their ability to lead a normal life.

Truck accidents are very common in the Atlanta and North Georgia area. We see them all the time on the highways. These accidents are typically devastating and very serious. They often involve loss of life, and are very likely to cause serious injuries to the occupants of the smaller vehicle. All of these factors combined can cause serious mental or emotional trauma which can manifest itself in symptoms of Post Traumatic Stress Disorder. Talk to an Atlanta truck accident attorney about claiming damages after a big-rig accident to see how you can recover in a claim for emotional distress.

Published on: July 31, 2019

Misdiagnosis is a Leading Cause of Medical Errors

by Robert N. Katz, Esq.

When you go to a doctor for an illness, one of the basic assumptions you may have is that the physician will be able to correctly diagnose your condition and provide treatment. However, misdiagnosis or wrong diagnosis is one of the leading causes of medical errors. In fact, a new Johns Hopkins study confirms that wrong diagnoses, especially those related to the three most commonly misdiagnosed conditions, are a serious health concern in the United Sates.

The results of the study were published recently and confirm that a wrong diagnosis, or incorrect diagnosis, is the No. 1 cause of medical errors. The researchers attempted to identify the diseases that were involved in the majority of medical malpractice clams. The data was based on malpractice cases from between 2006 and 2015.

The researchers concluded that as many as 75 percent of diagnostic error cases involved the Big Three – vascular events, infections and cancer.

Published on: July 22, 2019

5 Things To Do After a Slip and Fall Accident

by Robert N. Katz, Esq.

A slip and fall accident on someone else’s property can result in serious injuries. If your fall occurred on another’s property, you may qualify to file a legal claim to recover compensation for your medical expenses and other costs. However, it’s important to take the right steps after a fall, so that you maximize your chances of protecting your legal rights.

It is important to remember, that the property owner will most likely try to show that your accident was a result of your own negligence, or that there was no negligence on his part. Georgia’s slip and fall laws require that you prove that the property owner had knowledge of the dangerous conditions that caused the injury, and failed to take any action to keep those on the property safe.

Here are the 5 most important things you can do to protect your rights after a fall.

Published on: July 15, 2019

What You Should Know Before Hopping on that E-scooter

by Robert N. Katz, Esq.

E-scooters have taken the globe, nation and even Atlanta by storm. Since the fall of 2017, this convenient form of transportation has popped everywhere there is a need for alternate forms of mobility. But not everyone is aware of the safety risks of riding one, or how to best accommodate these riders in the urban areas.

When they first appeared on the scene, e-scooters were seen as the latest and greatest form of micro-mobility. However, now that their numbers have increased and clogged streets and sidewalks all over the globe, they are not as welcome as they once were. This is mainly due the dangers they pose not only to the riders, but to those sharing the roads and sidewalks with them.

Some cities have gone so far as to claim them a public nuisance. In a few states, there have been several lawsuits filed against e-scooter manufacturers for injuries resulting from faulty brakes and wheels, among other malfunctions. In Atlanta, a recent law was passed that prohibits e-scooter riders from riding or parking the scooters on the sidewalks. Anyone who violates these rules could face a fine of up to $1,000.

Published on: July 10, 2019

Failure to Use Seat Belts is Not a Bar to Recovery for Car Accident Injuries

by Robert N. Katz, Esq.

In a recent criminal case in Georgia involving a hit-and-run accident, the court did not allow evidence that the car crash victim was not wearing a seat belt when he was ejected from his vehicle after impact and died. The court stated that the victim’s failure to wear his seat belt was not relevant in determining the cause of his death.

Georgia law requires that all persons in the front seat of a passenger vehicle wear a seat belt. The seat belt law applies to all occupants in any motor vehicle, including pickup trucks, vans, sport utility vehicles, and any vehicle designed to carry 15 or fewer passengers.

We all know that seat belts are one of the first lines of defense to protect you from injury while in a motor vehicle. This is especially true in rear-end collisions, T-bone accidents and head-on collisions. Wearing a seat belt is crucial in avoiding serious injury in such types of accidents.

Published on: July 3, 2019

Landlords are Responsible for More Than Just Slip and Fall Injuries

by Robert N. Katz, Esq.

The North Georgia area is experiencing exponential growth in population. And all these people moving to the area need a place to live. In addition to the already existing number of apartments and rental properties, apartment buildings are being built all across the Atlanta area. Many times people may feel forced or rushed to agree to live in a certain apartment because of either the lack of available apartments or the lack of affordable apartments to choose from. Unfortunately, when a tenant is living in an apartment or complex that has been poorly maintained by the landlord or property owner, there is a high risk of injury to the tenant and their family members. If this happens, the property owner could be held responsible.

A landlord has the duty inspect the rental property. The landlord also has a duty to act with reasonable care to make sure the rented premises are kept in good repair. A landlord’s failure to do so can make them liable for injuries caused as a result. A landlord can also be held liable for injuries caused by defective construction. A landlord of a leased apartment, house or other dwelling place cannot assign this duty to another party. In other words, the landlord itself has the duty to maintain the property, and cannot blame anyone else for its failures to do so.

When people think of premises liability cases or claims against property owners, slip and falls, or trip and falls, usually come to mind. However, with claims involving rental properties, a landlord can be held liable for far more. In some recent cases, landlords and property owners have been held liable for a variety of defective conditions at their property. Some of these include failing to repair the air-conditioning unit in an apartment building, causing the building to overheat to the point where it resulted in the death of an elderly disabled man. Another case involved the property owner’s failure to maintain and repair the balconies of an apartment complex, which caused a balcony to collapse onto a child resulting in severe and lifelong debilitating injuries.

Published on: June 29, 2019

NSC Predicts Close to 600 Traffic Accident Fatalities This Fourth of July

by Robert N. Katz, Esq.

The Fourth of July falls on a Thursday this year, which means most people will make it a long holiday weekend from work. The Fourth of July is not only one of the country’s most popular holiday weekends, but it’s also one of the most deadly. The holiday accounts for hundreds of deaths every year, and this year’s July Fourth is not expected to be any different.

The National Safety Council predicts that this Fourth of July weekend will be just as deadly as previous years, with an approximate 565 people expected to be killed in motor vehicle and other accidents. It also predicts around 64,000 injuries in accidents occurring over the holiday.

These predictions were made based on previous crash data. For instance in 2017, there were a total of 601 fatalities in traffic accidents over the holiday weekend. That was a significant 23 percent increase from the previous year. At least 39 percent of those accidents involved a drunk driver.

Published on: June 18, 2019

Audible Seatbelt Reminders Could Save 1500 Lives in Accidents Annually

by Robert N. Katz, Esq.

We all know the campaign “Click It or Ticket” to encourage all people in passenger vehicles to wear their seatbelts.

The good news is that, nationwide, seatbelt use is at commendable highs. In 2018, according to the National Highway Traffic Safety Administration, seat belt use across the country was as high as 89.6 percent. In 2017, Georgia’s seatbelt usage rate was an impressive 96 percent.

However, even with the high rate of seatbelt use, there were still more than 37,000 people killed in motor vehicle accidents in 201. Of this number, as many as 47 percent of these fatalities were not wearing seatbelts at the time of the accident. This goes to show that there is still room for improvement in seatbelt use among car riders.

Published on: June 13, 2019

Know the Silent Symptoms of Traumatic Brain Injuries

by Robert N. Katz, Esq.

A brain injury is one of the most devastating injuries a person can suffer in an accident. Brain injuries are not only debilitating to the victim, but they can have a tremendous impact on the victim’s family as well.

Car accidents as well as slip, or trip, and fall accidents are two of the most common causes of brain injuries. And as serious as brain injuries are, they are also, surprisingly, one of the most difficult and complicated injuries to diagnose and treat. According to the International Brain Injury Association, approximately 1.5 million people sustain a traumatic brain injury (TBI) every year. Of these, 75% are classified as mild TBI. Unfortunately, a mild TBI is often unnoticed or misdiagnosed because many victims do not have visible symptoms that most people associate with a brain injury. Because of this, the mild TBI has been called a “silent epidemic.” However, the term “mild” can be misleading as these injuries can still have long-term and devastating complications on a victim’s life.

Many times a person may have been involved in a slip and fall or a car accident and, although he or she may not think they sustained serious injuries, could very well be overlooking some classic symptoms of a brain injury or mild TBI. Symptoms of a brain injury or mild TBI include (1) any period of loss of consciousness, even if just for a few seconds, (2) any loss of memory immediately before or after the accident, (3) any altered state of mind such as confusion or disorientation at the time of the accident, (4) any neurological problems including speech, vision or hearing, (5) headache, nausea or vomiting, and (5) fatigue, sleepiness or dizziness.