Premises Liability

Published on: April 5, 2019

The Many Parties of a Negligent Security Claim

Claims based on negligent security, which can arise after a person has suffered an assault, rape or other violent incident on another’s property, can be complicated to file.

A claim for negligent security is filed when a person has been injured on another person’s premises as the result of inadequate security. Examples of negligent security could be the failure to provide adequate illumination or security in vacant areas such as parking lots, failure to provide adequate security or protection to attendees at a concert or other event, and other incidents in which there are injuries caused as a result of the failure of the property owner to provide safe and secure premises.

In a claim based on negligent security, the property owner is considered liable if the injured party can prove that the property owner’s failure to provide adequate security at the premises led to a violent assault, attack, rape or any other incident that endangered the safety of the victim or the person bringing the claim.

Published on: February 8, 2019

Common Fall Accident Injuries That Have Lasting Effects.

by Robert N. Katz, Esq.

Falls are a major cause of unintentional injuries around the global and the World Health Organization classifies falls as the second leading cause of such injuries and deaths every year. Every year, as many as 640,000 persons worldwide suffer a fall accident that leaves them with serious or fatal injuries, and seniors above the age of 65 form a sizable chunk of this group. In the U.S., 2.8 million people are treated in the emergency room or hospitalized for fall related injuries.

Many times, a fall accident can be the result of property that has been poorly or negligently maintained. In Georgia, business owners have a duty to keep their property safe and free of dangers, or warn of dangers, that could cause injury to their guests. If a guest on their property trips and falls, or slips and falls, and gets injured because of their failure to maintain the property, they can be held liable for compensating the party that suffered personal injuries.

A fall accident can result in a number of injuries, many of which can be serious. Here is a look at some of the most common injuries that occur as a result of slip and fall accidents.

Published on: June 30, 2016

Children, Mail Carriers at High Risk for Dog Bites

by Robert N. Katz, Esq.

With summer here we are reminded that some victims of dog bites seem to have it much harder than others. Children below the age of five, and postal workers are at a much higher risk of dog bites, especially during summer days.

During summer, dogs are much more likely to be out with their owners, or may be left off their leash, and that places postal workers at a much higher risk of bites. National Dog Bite Prevention Week, which this year was marked in the third week of May, focused specifically on educating people about the risks of dog bites. The U.S. Postal Service estimates that more than 5,500 postal employees suffered bites in 2013.

Children are also frequently injured during summer because they are out of school, and may be in playgrounds, parks or other places where dogs are being walked. Children are also much more likely to pet strange dogs, or to display other behavior that could be risky, and could lead to an attack.

Published on: November 26, 2015

Black Friday Injuries and Deaths

by Robert N. Katz, Esq.

We call it “Black Friday” because it’s traditionally the day when retailers move their accounting ledgers from red ink (deficits) to black ink (profits).

Increasingly, though, America’s biggest shopping day is becoming “Black-and-Blue Friday,” as scores of innocent consumers find themselves seriously injured while out and about. Some have even died.

The Internet is catching on to the disturbing trend. BlackFridayDeathCount.com is as macabre as it is blunt, but the website, which tracks the number of injuries and deaths reported since 2006, has gained a lot of attention over the last few years.

Published on: September 28, 2015

Georgia a Leading State for Dog Bites

by Robert N. Katz, Esq.

Georgia residents continue to be at a high risk of dog bites. In a recent study by State Farm, Georgia ranked at number nine in a list of the top 10 states in the country for dog bite incidences.

New statistics released reported by the insurer showed that State Farm paid out $3.8 million for 116 dog bite-related injury claims in Georgia in 2014. That places Georgia at number nine on the list of top 10 states for dog bite claims in the country. State Farm did not provide more data about the injury claims or the breeds of dogs that were involved in these attacks.

The high rate of dog bites in Georgia is a serious problem for residents of the Peach State, especially because dog bite laws here make it much more difficult for plaintiffs to recover damages after a bite, compared to other states. In California, for instance, the law allows for strict liability in dog bite claims. That means that a person who has been injured in a dog bite can recover damages, even if it was the dog’s first bite and even if the owner had no previous knowledge of his dog’s vicious tendencies.

Published on: August 16, 2014

Playground Accident Preventable with Better Safety Precautions

by Robert N. Katz, Esq.

It’s too late to save the three-year-old boy who died in a playground accident in Alpharetta recently. However, parents of toddlers and children who will be swarming the state’s playgrounds over the next few weeks of summer must take heed. It’s very easy, and much more common than you know, for children to suffer serious or even fatal injuries while playing at the playground.

In the Alpharetta incident, the three-year-old boy was playing on the slide when he choked on a piece of twine. The caregiver had turned her attention away from the child, and had gone inside for a moment. That is when the accident occurred. The boy was sliding down when his head got caught in the twine. When the caregiver found the child, he was hanging from the twine. He was rushed to the hospital, but died days later.The cause of death was ruled as asphyxiation.

It appears that the piece of twine was at the top of the slide, and shaped like a loop. When the child was sliding down, his head got into the loop, cutting off his air supply.At this time, no charges have been filed against the caregiver or anyone else involved here.

Published on: June 12, 2014

Prevent Swimming Pool Accidents This Summer

by Robert N. Katz, Esq.

Some of the most common accidents that result in premises liability lawsuits are drowning and swimming pool accidents that occur at private homes. Drownings involving pools, hot tubs and spas claim hundreds of lives every year, many of them children.According to the Consumer Product Safety Commission (CPSC), more than 3/4 of drowning accidents involve children below the age of five. The CPSC estimates that children between the age of one and five account for 67% of all fatalities in swimming accidents and 64% of all injuries.

This summer, as more families head out for fun in the water the risk of drowning accidents increases. In fact, among children below the age of five, drowning happens to be the single biggest cause of accidental death. Unfortunately, the fact is that many of these accidents occur even in the presence of parents and caregivers at the scene.There was recently a very tragic story in the news about a child who drowned while family and friends were singing happy birthday to another guest.

This summer, make pool safety a priority for your family. Swimming lessons are a great place to start. The American Academy of Pediatrics recommends that children below the age of five take swimming lessons.Besides teaching your children to swim, it’s also important to make sure that your pool is safe not only for your children, but also visiting children who may have gathered at your home to have fun this summer. Installing a fence around your pool, which is required by Georgia law, is one of the best things you can do for safety. And those fences need to be a minimum of 5 feet tall, have locking gates that swing outward, and have a certain amount of space between rails.

Published on: March 24, 2014

Texting While Walking Could Be More Dangerous Than Texting While Driving

by Robert N. Katz, Esq.

Everyone agrees that texting while operating a motor vehicle is hazardous and increases the risk of injury or fatal accident.However, when you compare statistics based on injuries per mile, it is texting while walking that seems to be much more dangerous.

There has been a growing body of research recently that seems to point to an increased risk of pedestrian injuries when people are texting while walking. For example, new research by the University of Buffalo specifically focused on injuries per mile caused when a person is texting while walking.According to the research, the consequences of texting while walking include falling down stairs, walking into walls, pillars and other stationary objects, and walking into traffic.

A person who is texting while walking is much less likely to notice a bump on the sidewalk, or obstacle in a driveway.Even though there are more injuries caused every year by texting while driving, injuries caused by texting while walking tend to be more serious.People who were texting while walking were 61% more likely to go off course while walking, and were also likely to overshoot their target by as much as 30%, compared to when they were walking without distractions.

Published on: January 30, 2014

Alarming Increase in Spinal Cord Injuries across U.S.

by Robert N. Katz, Esq.

According to a new study conducted by researchers at Johns Hopkins University, the number of traumatic spinal cord injuries recorded in the United States is on the increase. Another major change that the research showed is that the primary cause of serious spinal cord injuries in the United States is no longer automobile collisions, but slip and fall accidents.

The Johns Hopkins research analyzed a total of 43,137 adults who received treatment in hospital emergency rooms after suffering a spinal cord injury. These adults were treated for their injuries between 2007 and 2009. The researchers found in their analysis that the incidence of spinal cord injury in the 18-64 age group ranged from 52.3 injuries per million in 2007, to 49.9 million in 2009.

While that constituted a drop in the number of traumatic spinal cord injuries that were recorded in this age category, there was an increase in the number of spinal cord injuries recorded among older citizens. In the 65 and above age group, the number of spinal cord injuries actually increased during the study period. These injuries increased from 79.4 injuries per million adults in 2007, to 87.7 injuries per million adults in 2009.

Published on: September 11, 2013

Slip and Fall Accidents: Expensive and Highly Preventable

by Robert N. Katz, Esq.

Although icy conditions are often thought of when the topic of slip and fall accidents arises, the risk of suffering this type of injury is very high in the summer months.This is due in part to the large number of people visiting airports, shopping malls, restaurants, hotels, sports fields, and other commercial spaces.However, very often, these same places conceal dangerous conditions that can cause serious leg and back injuries.

The best Atlanta slip and fall accident lawyers all agree that the most effective way for businesses to deal with slip and falls is to prevent them.This requires two things.First, recognize the common causes of falls.And second, implement safety protocols for removing the danger.

Some of the most common slip and fall accidents involve flooring that conceals various hazards.For instance, a floor that is wet because of a spill can pose a serious hazard, and when the floor is the kind that is often used in commercial spaces like marble and granite, the spill may not be easily visible.Businesses must ensure that all public walkways are constantly monitored, and that any spills are cleaned up immediately.