Articles Posted in Premises Liability

Slip and fall accidents cause significant and permanent personal injuries to individuals. Retailers and other property owners have a responsibility to keep their premises safe for their visitors. Likewise, visitors have a responsibility not to walk in areas that are clearly hazardous. The recent winter weather has greatly increased the risk of slip and fall accidents. The initial snow freezes and turns to ice. Likewise, we see a great deal of black ice in the winter in Georgia. Black ice is a thin layer of ice that forms on top of pavement. Unfortunately, retailers are often not very good at identifying and removing black ice that is not readily visible to visitors. The result is a significant number of slip and fall accidents that could be prevented.

Some parts of Georgia, like Haralson County, have recorded a 2-inch accumulation of snow, and in some of these areas, it has been the first such recorded heavy snowfall in years. For instance, in Haralson County, it has been the first such snowfall recorded in more than 129 years. While the snow has meant a picture-perfect Christmas to Georgia residents, it is also important to know that these beautiful snowy conditions can contribute to a slip and fall hazard.

You can avoid many of these accident hazards, simply by wearing sensible footwear during such weather. Put away your stilettos and party shoes, and wear winter shoes or boots to avoid a fall. You can also use clamp-on accessories that can offer better grip to prevent a fall. Be especially careful when you step out of the main door every morning, and look out for treacherous ice. Most of the fall accidents during this weather occur because people aren’t used to such icy conditions, and forget that they need to take special precautions when they walk in such weather.

How Safe Are Georgia’s Gas Pipelines?

Last week, a tremendous gas pipeline explosion tore through a neighborhood in San Bruno, California, killing four people and injuring several others.The explosion has been linked to a rupture in the gas transmission line.Since the explosion, there have been reports that residents in the neighborhood smelled gas before the blast.They complained to Pacific Gas and Electric, the utility company that owns the pipeline, and never heard back.Now, it turns out that the pipeline which was installed in 1948, had been certified by the company as being at a” high risk of failure.”

Even though this happened in California, it’s very easy to feel uncomfortable about something like this happening in Georgia.When was the last time you saw utility company workers performing preventive maintenance checks and repairs of gas pipelines?Much of our national infrastructure is crumbling, and there’s no reason to hope that things are much different several feet below the ground.

The Fourth of July celebrations quickly turned into a disaster for several holidaymakers in Marietta when the deck they were on collapsed suddenly. The people were standing on the deck when it suddenly pulled away from the wall and collapsed in a yard.

The deck was about 10 feet above the ground. At least seven people sustained injuries in the collapse. Fortunately, none of the injuries are believed to be life-threatening. At least one person suffered a head injury and five persons had to be rushed to the hospital with injuries. According to Cobb County officials, no children were injured in the deck accident. The injured included a group of adults who were having a cookout.

Premises liability claims in Georgia can be brought against private homeowners. Besides the owner of the property, the tenant or occupant at the time of the injury can be held liable in a premises liability claim. Often, persons are injured at the homes of people they know. It can be hard to bring a claim against a friend or relative. However, it’s important to know that most claims are settled through liability insurance policies.

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.