Articles Posted in Premises Liability

Boy Escapes Injuries after Fall Down MARTA Elevator Shaft

A 5-year-old boy had a miraculous escape after a fall down an elevator shaft at the Kensington MARTA station earlier this week. The boy was apparently on the second floor of the station, and was leaning against the elevator door when it suddenly opened. The child fell about 12 to 15 feet down, and landed on top of an elevator car. Firefighters used a ladder to get down to the elevator car, placed the child in a Stokes basket and brought him up.

The boy suffered minor injuries and underwent a medical evaluation. He was released, but had to be brought back to the hospital after he began to complain of headaches.MARTA is investigating the accident.

Avoiding Slip and Fall Accidents in Icy Weather

The bad weather may be behind us, but leftover snow and “black ice“ could still present the risk of slip and fall accidents. Many Georgians aren’t used to the kind of snow-covered streets and slippery sidewalks and pathways that we saw for much of last week, and this may increase the risk of falls.Although much of the snow has melted, we would still advise pedestrians and others to exercise caution.

· Pedestrians must be careful while crossing roads. Don’t rush across even when a crosswalk looks completely clear of ice – it may still be covered with black ice, a thin layer of transparent ice which covers the surface.

Georgia has 151 approved highway construction projects in the pipeline, all thanks to more than $400 million in federal stimulus funds. That means that in the next few years, there will be dozens of active highway construction, preservation and repair projects across the state. That is good news for Georgians who will expect improved infrastructure to enhance connectivity, boost local economies and create jobs. It may also however, create conditions that place Georgia motorists at a higher risk of accidents.

A New York Times report shows how failure to enforce uniform and strict laws governing construction work zone safety have killed thousands of Americans and injured many more. In the past five years. 4,700 people have been killed in accidents on highway work zones, and another 200,000 people have been severely injured.

The problem with highway work zone safety is that there is no national set of laws that governs work zone safety. As a result, you have laws that differ widely from state to state. Few states have strict systems in place to enforce work zone safety rules. These rules involve placing appropriate warning signs and barriers, correct and safe placement of unused construction equipment, the proper implementation of rolling road blocks to facilitate slow movement of traffic through a zone, and others.

A jury in Clayton County, Georgia has held that movie theater chain AMC is not liable to a woman, who was injured in a slip and fall accident after she tripped on a wet floor sign at a theater.

The woman, Sue Brown was at the AMC Southlake Theater in 2003. It was Christmas day, and the theater was packed. Just before the end of the movie, a staff member put an A-frame “wet floor” sign to warn about a small spill a few paces outside the theater door. However, by the time Brown reached the spot, the sign had fallen down, and caught as she was in the throngs of people, she wasn’t able to see the sign. Her toe got caught in the handle of the sign, and she fell.

Brown and her husband filed a suit against AMC. Initially, a Clayton Court judge granted a summary judgment for AMC, but a court of appeals reversed that decision. The Supreme Court ruled that slip and fall accident issues, especially those that relate to a retailer’s responsibility to safeguard its premises’ and the responsibility of patrons to look out for their own safety on other’s premises, must be left to juries. The case went to a Clayton County jury, which has now delivered a verdict in favor of AMC.

New Studies Look at Ways to Prevent Fall Accidents in Elderly

Elderly persons aged 65 or above have a much higher risk of suffering slip and fall accidents. They are also more likely to suffer debilitating long term injuries from these falls that can severely impact their quality of life. In fact, about 20 percent of elderly persons who suffer a hip fracture after a fall accident, die within 12 months of the fracture.

With alarming statistics like these, it has always been a source of concern to Atlanta slip and fall accident lawyers that little research is done to find out why these people are at risk for such falls. However, as the New York Times says, new research involving the use of wireless sensors placed in elderly persons’ homes, are providing experts clues to understand what kind of conditions can increase the risk of falls, helping develop preventative measures that can minimize the risk of falls.

Teenagers Injured in Roller Coaster Crash in Augusta

Three teenagers were injured seriously enough to require a visit to the hospital, after the roller coaster they were on crashed at the Georgia Carolina State Fair in Augusta over the weekend.

The crash occurred on Saturday at around 9:30 pm. According to witnesses, they yelled out when they saw that the roller coaster were about to crash, but the operator failed to slam the brakes quickly enough causing the coaster to rear end the others. In all, four people were injured, and three of them required treatment at the hospital.The victims insist that no one at the fair bothered to check if their injuries were serious. They received no emergency care.Far from displaying any concern about the injuries, the fair operators acted quickly to shut down the roller coaster as soon as the accident occurred. Fair personnel have not yet commented about the reasons for the crash.

Awareness Campaign Focuses Attention on Slip and Fall Accidents and Senior Citizens

Last week, across the country and Georgia, senior citizens, healthcare agencies, and community organizations observed Falls Prevention Awareness Week, which is marked to raise awareness about the risks to seniors from fall accidents.

According to the Centers for Disease Control and Prevention, every year 1 in 3 senior citizens aged 65 and above, suffer from a fall accident. Of these, 20 to 30 percent will suffer injuries that are severe enough to impact their ability to lead active, independent lives. While slip and fall accidents can happen to just about anyone, these are more common in senior citizens who may have a variety of health issues that can increase the risk of a fall. Seniors may struggle with proper balance and gait, may have vision problems and a host of other issues that can impact their ability to prevent a fall. Also, seniors have a much higher risk of being seriously injured in a slip and fall accident than young adults or children.

Marriott Hotel Withdraws Rape Premises Liability Defense

Marriott International has withdrawn a legal defense by one of its franchise hotels that a rape victim, who was assaulted in the hotel premises, acted carelessly and failed to prevent the rape.The company has issued a statement apologizing to customers and Marriott guests, who had been outraged at the legal defense that the insurance company lawyers adopted.

In 2006, the 40-year-old woman was assaulted when she was in her mini van in the parking lot of the Marriott Hotel and Spa in Stamford, Connecticut. The woman was raped at gun point in front of her two children, both of who were below seven years old at the time. The rapist, 55 year old Gary Fricker, has since been found guilty, and is currently serving a 20-year sentence.

A Home Depot customer, who sustained serious injuries in a Marietta store from a piece of wood falling off a folk lift, has been awarded $1.5 million in premises liability damages.

In 2005, Larry Reece was at a Home Depot in Marietta when a pallet of plywood fell about 24 feet on him. Reece suffered serious neck and spinal injuries that left him debilitated, and unable to continue his work as a residential contractor. According to his attorney, he settled with Home Depot over punitive damages, but the case had to go to jury trial over personal injury damages. He has now been awarded $1.5 million in damages, while his wife has been awarded $30,000 for loss of consortium as part of the damages.

Besides the debilitating injuries and the severe pain that he suffered, Reece also had to deal with the high expenses of hospitalization and other medical costs. Since the accident, Reece has racked up about $120,000 in medical expenses.He was required to have permanent hardware in his neck to resume his normal activities. Most traumatic of all, Reece who has been a construction worker all his life, was unable to return to his job. He lost his livelihood, along with the trauma and loss of income that that accompanies.

Two days after a fourth level parking deck in Atlanta collapsed, damaging several cars, and resulting in, miraculously enough no injuries, rescue personnel were still not willing to take chances. Rescue efforts continued through Tuesday as Fire and Rescue personnel used cranes, dogs and thermal cameras to comb through the debris to search for any injured persons who could be trapped inside.

So far, there have been no reports of missing people, and the extent of the damage seems to have been restricted to the at least 38 vehicles that were damaged in the collapse. The deck in Midtown district collapsed at around noon on Monday.What caused the sudden collapse is still largely unclear.However, the company that acted as a general contractor and oversaw the construction of the deck was the same one that has been involved in another high profile, but far more serious accident last year.

As we have discussed in this blog earlier this year, the company Hardin Construction Company is the same company that was involved in the construction of the pedestrian walkway at the Atlanta Botanical Gardens in December last year. Yes, the very same walkway that collapsed while concrete was being poured, leading to at least eight people with injuries and one contractor dead.Earlier this month, in fact, Hardin was fined for its role in that collapse. The Occupational Safety and Health Administration cited the company for failure to see that the towers were properly braced, fining it $6,300.