Premises Liability

Published on: July 12, 2013

Significant Drop in Georgia Workplace Fatalities

Last year, there was a significant drop in the number of workers killed in accidents and worksites across Georgia.In 2012, there was a 23% drop in workplace deaths compared to the previous year.

The data was released by the Occupational Safety and Health Administration.In 2012, there were a total of 33 workplace fatalities across the state.Just two weeks ago, the Georgia Department of Labor had estimated the number of fatalities at Georgia worksites at 30, and new figures by the Occupational Safety and Health Administration now peg the final number at 33.That number is still significantly lower than the 43 fatalities that were recorded in 2011.This is good news to all Georgians, and also our Atlanta workers comp attorneys.

Out of the workplace fatalities that occurred in Georgia last year, 13 occurred in the construction sector, which invariably contributes to the highest number of workplace fatalities every year.The remaining fatalities included 16 deaths in the general industry, one in the maritime trade industry, and three in the agricultural sector.

Published on: January 7, 2013

Winter Weather Increases Slip and Fall Accident Hazards

by Robert N. Katz, Esq.

Over the next few months, Atlantans will find themselves at an increased risk of suffering a fall accident.Icy roads, sidewalks, and parking lots pose a serious walking challenge for people.

Our Atlanta slip and fall accident attorneys see many injuries that are the result of business owners failing to maintain a safe environment for visitors.However, in the winter months, we tend to see an increase in slip and fall accidents that may have been prevented with a bit more attention to the dangers that exist when ice is present.Below are some friendly reminders of how to stay safe this winter season.

The most important thing to do is wear smart and appropriate winter footwear while walking outside.Wear flat shoes or boots that have non-slip or high traction soles.Avoid wearing footwear that has smooth slippery soles.Also avoid stylish stiletto heels or other footwear that is impractical for walking on slick surfaces.

Published on: August 15, 2012

Could Vitamin D Supplements Be the Secret to Preventing Fall Accidents?

by Robert N. Katz, Esq.

Fall accidents are extremely serious, especially when they involve the elderly.It is estimated that between 30% and 40% of all seniors will suffer a fall accident at least once every year.Our Atlanta slip and fall attorneys agree with research that also shows that many of these persons will never recover from their injuries, and many will have a much higher risk of dying in the 12 months following the fall accident.

Treatment for falls and fractures may be routine in the rest of the population but in the elderly, treatment is far more complicated and hard to predict.It’s the reason why it is so important to prevent fall accidents involving the elderly in the first place.

New research seems to suggest that daily doses of vitamin D supplements could actually help reduce the risk of fall accidents involving senior citizens.The research, which was published recently in the Annals of Internal Medicine, found that a daily dose of vitamin D supplements helped reduce the risk of fall accidents by as much as 17%.In the study, the subjects were given vitamin D supplements of around 800 international unit per day.The risks of suffering a fall accident was substantially reduced compared to people who did not take the supplements.

Published on: June 27, 2012

OSHA Inspections Reduce Workers’ Compensation Claims, Increase Company Profits

by Robert N. Katz, Esq.

The presence of inspectors from the Occupational Safety and Health Administration at the doorstep is usually a cause for alarm for most Georgia employers.However, that may not be necessary. According to a new analysis, regular inspections by the Occupational Safety and Health Administration helps employers reduce their workers’ compensation claim costs, and may actually improve their bottom lines.

The research was co-authored by professors from Harvard Business School and the Haas School of Business at the University of California-Berkeley and Boston University. The researchers examined a number of workplace safety inspections that were conducted by the California branch of the Occupational Safety and Health Administration, and focused on the impact of these inspections on workers’ compensation claims and costs.

The study, titled Randomized Government Safety Inspections Reduce Worker Injuries with No Detectable Job Loss, found that when the Occupational Safety and Health Administration conducted safety inspections, it actually reduced the number of injuries that occurred in the workplace.Obviously, a reduced number of injuries also led to a reduced cost of workers’ compensation claims.

Published on: December 28, 2011

Indiana Offers $300,000 Wrongful Death Settlement to Families of Victims of Stage Collapse

by Robert N. Katz, Esq.

The state of Indiana has offered a settlement of $300,000 to families of each of the 7 people who were killed during a stage collapse at the Indiana State Fair in August. This amount is substantially below the settlement value of these types of wrongful death claims. The rest of the $5 million compensation fund will be paid out to people who suffered a personal injury during the stage collapse. As personal injury attorneys are well aware, when a government entity is involved, victims are seldom fully compensated for their injuries or the death of their loved ones.

The stage collapse accident occurred at the Indiana State Fair in Indianapolis on August 13.Rigging on the stage collapsed in the late hours of the evening, killing 4 people immediately.One other person died the morning after the accident, and 2 other persons died in the days after the collapse.More than 40 persons were injured in the collapse.Just before the collapse, fair organizers and security officials had noticed strong winds measuring 77 mph, and had even been considering postponing the concert by Sugar Land that was due to take place.However, those plans to postpone the concert never materialized.

Under Indiana’s liability laws, the state’s liability in an accident like this is restricted to $5 million.Now, the state has proposed its plans to divide the $5 million.The state is offering a settlement of $300,000 to the families of each person killed in the collapse.Families of victims, who had been hospitalized before their deaths, are likely to receive additional compensation.More than 60 other persons were injured in the collapse, and they will be compensated from the remainder of the $5 million fund.The compensation for those were injured in the accident, is likely to depend on the severity of the injuries.Some of the injured are being offered settlements that amount to just about 60% of their total documented medical expenses.One of the injured, who was left paralyzed, has been offered compensation of $500,000.

Published on: November 12, 2011

Construction Accident Injuries Are Likely Underreported

by Robert N. Katz, Esq.

A new report suggests that federal data on construction accident injuries is likely flawed because of the widespread underreporting of these personal injuries.The report by the Center for Construction Research and Training is titled Injury under Reporting among Small Establishments in the Construction Industry.It has been published in the American Journal of Industrial Medicine. Construction accidents often involve wrongful death and some of the most serious personal injuries. They are also a major source of workers comp claims in the United States.

According to the report, data from the US Bureau of Labor Statistics may be inaccurate because it underestimates the actual number of construction workers who are injured every year.The data from the Bureau of Labor Statistics does not include self employed or federal construction workers injured in accidents every year.These workers constitute approximately 25% of the national construction workforce.Data that does not factor in construction accidents and injuries that involve a quarter of the national construction worker population, is likely to be inaccurate. Additionally, Atlanta Workers’ Compensation lawyers often find that small construction companies are likely to under report injuries, or fail to report these injuries.

According to the report, recent changes made by the Occupational Safety and Health Administration to record-keeping procedures could also likely have contributed to underreporting of construction injuries.Between 2001 and 1995, the Occupational Safety and Health Administration made changes to its procedures, and has probably inadvertently encouraged underreporting such injuries.

Published on: October 26, 2011

Trial Date Set for Pipeline Explosion Lawsuits

by Robert N. Katz, Esq.

Persons who have filed personal injury and wrongful death lawsuits related to a deadly pipeline explosion in California last year that killed eight people and left dozens injured, will have to wait until July 2012 for justice.A judge in California has set a trial date for the lawsuits for July 23, 2012.Currently, there are more than 90 lawsuits that have been filed against Pacific Gas and Electric Co., the company that operated the pipeline.

Eight people died and dozens of homes were destroyed when a piece of natural gas pipeline ruptured and exploded in a section of San Bruno.The resulting flames blazed for hours, burning down homes.According to the National Transportation Safety Board, the explosion was a direct result of negligence by Pacific Gas & Electric Company.The pipeline which exploded had suffered a fracture from a partially welded seam on one section.

The pipeline had been installed in 1956, when the area was sparsely populated.However, the National Transportation Safety Board found that the pipeline did not meet the existing quality control and welding standards in 1956.The Board found that quality standards had been either overlooked by the company, or ignored.

Published on: August 16, 2011

Pregnant Women’s Exposure to Power Lines Increases Asthma Risks in Children

by Robert N. Katz, Esq.

Women who are exposed to power lines and other sources of magnetic fields are at a much higher risk of giving birth to children who develop asthma later.The results of a study which have just been published in the Archives Of Pediatrics and Adolescent Medicine, are very disconcerting. Although personal injury lawyershave been concerned about the issue of exposure to power lines, other studies have dismissed the issue.

The researchers used 801 pregnant women from Southern California in the study.These women were required to wear a monitoring device twenty-four hours a day.The device measured their exposure to magnetic fields.The women were required to wear the devices during the first and second trimester of pregnancy.The device measured magnetic exposure from a number of appliances, including vacuum cleaners and dryers.

After the women gave birth to their children, the researchers began to monitor the children over the next thirteen years.Over this thirteen-year period, the researchers found that 130 children developed asthma, most of them being diagnosed with asthma before they turned five.What’s more, the researchers found that each one milligaus increase in exposure to magnetic fields resulted in a 15 percent increase in asthma risks in children born to these women.

Published on: July 22, 2011

Sharon Stone Ordered to Pay Compensation to Worker Injured in Slip and Fall Accident

by Robert N. Katz, Esq.

Slip and fall accidents are some of the most common ways in which persons may be injured on someone else’s property.A jury in California has decided that actress Sharon Stone must pay compensation to a worker, who was seriously injured in a slip and fall accident on her premises in 2006.

The accident allegedly occurred when the worker was performing some work in the star’s California home.He was doing some wiring work in the yard, and at some point, he slipped and fell down a 12-foot slope.Just before he fell, he tried to hold on to a lattice nearby, but the screen collapsed under his weight, and he fell straight down.He suffered serious knee injuries, and as a result of these injuries, was unable to return to his former job and income levels.

Two years later, he filed a premises liability lawsuit alleging negligence against Sharon Stone.The lawsuit alleged that there had been only a lattice to break his fall, and that he had not been warned about the drop off.Stone denied those allegations, claiming that there never has been lattice on the property, and that she had always had a chain-link fence going around her yard.The actress even testified in a courtroom, and presented pictures of the chain-link fence as evidence.

Published on: July 19, 2011

Slip and Fall on Rain-Slicked Hotel Floor Gets Million Dollar Verdict

by Robert N. Katz, Esq.

Described by her attorney as a “young, attractive executive,” Christine Garland was attending a sales conference that was interrupted by her slip and fall on the rain-clicked marble floor of the hosting hotel. She’s endured excruciating pain in the four years since, undergone numerous surgeries and was eventually forced to give up her lucrative job.

The hotel’s insurer had an opportunity to settle for $750,000. Now the chain may have to shell out $3.6million in damages, after a diverse Fulton County jury voted in the plaintiff’s favor.

In his closing statement, says the Daily Report, the plaintiff’s attorney honed in on the conflicting testimony of hotel staff. Some employees testified that prior to opening the doors of the conference room wet floor signs and safety mats had been posted as warning– other employees directly rebutted this testimony as did the plaintiff, Garland, and her boss. The other clincher for this case was the taped depositions of Garland’s treating physicians – graphic testimony that went unchallenged by the defending attorney. As a result, Garland received upwards of $800,000 more than requested in pain and suffering, and a great deal more than the $210,000 settlement initially put on the table by the chain.