Premises Liability

Published on: July 1, 2009

Search Efforts Continue after Atlanta Parking Deck Collapse

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.

Published on: June 12, 2009

Child Injured By Falling Television Set at Cherokee County Motel

by Robert N. Katz, Esq.

A one-year-old child had to be airlifted to an Atlanta hospital last month after she sustained serious injuries when a television set fell on her at a motel in Cherokee County. The accident happened just as a new study published in a medical journal reveals that the number of children injured by falling furniture, including large screen flat panel televisions, has risen dramatically over the past two decades.

In the motel incident, the child was injured when a 32 -inch television fell off the dresser, and onto her. She suffered a fractured skull. It’s not clear what steps the motel management had taken to secure the T.V on to the dresser to prevent such tip overs. It appears that the motel management could have done a lot to keep their premises safe for parents of little children.

According to Consumer Reports, television tip over accidents generally occur when a child tries to climb on to the table or dresser on which the television is placed. Children below the age of five are more likely to be injured by falling televisions, and these accidents seem to be more common among boys. The most common injuries that result from falling television sets are skull fractures, which can consequently lead to brain injures. Such injuries can require extensive medical treatment, including surgeries, and also require long periods of physical rehabilitation.

Published on: January 23, 2009

Atlanta Residents Continue to be in Danger of Escalator Accidents

by Robert N. Katz, Esq.

Even after new safety standards were introduced and added to building codes in the country, children in Atlanta continue to be in danger of escalator injuries caused when their shoes or clothing get snagged in the gaps at the sides of the escalator.

A report last month highlights some of the most dangerous areas in Atlanta that have escalators concealing a high risk for accidents and injuries to children.These include Hartsfield-Jackson International Airport, and the Metropolitan Atlanta Rapid Transit Authority (“MARTA”), as well as numerous malls where a number of these injuries occur every week. It’s not just children who have been at risk for injuries caused by escalators.Teenagers and adults have had their shoes and clothing snagged in the gaps.People have been dragged down when the edges of their coats were caught in these gaps, ending in a dislocation of the shoulder, and in other cases, have lost their balance and fallen over. Toes and feet have been badly mangled when their shoes have been caught in these gaps.

Many of these accidents have involved children’s shoes, especially Crocs. The problem has been severe enough for the Consumer Product Safety Commission to even warn about these, and confirm that these shoes had been worn by an overwhelming majority of people involved in escalator accidents.The shoes now come with a safety tag warning for such injuries.

Published on: September 28, 2008

Carnival Worker Injured in Amusement Ride Fall

by Robert N. Katz, Esq.

On Sunday, a carnival worker was critically injured when he fell forty-five feet from the outside of a Roll-O-Plane carnival ride at the Plaza Fiesta on Buford Highway in DeKalb County.The outdoor carnival is operated by Gold Medal Shows.

According to witnesses, the worker was trying to secure a door of the ride when the ride started moving and he was hoisted into the air.The Roll-O-Plane is a bullet-shaped passenger cabin that spins upward by a single rotating arm.After losing his grip at the top of the ride, the worker plunged onto a steel support beam at the base of the ride.

Two teenage brothers were inside the ride with an unsecured door at the time of the accident.Their horrified mother watched from below while they were trapped atop the ride for twenty minutes.DeKalb County Firefighters rescued the teens.Initial reports blame human error for the mishap.

Published on: September 12, 2008

Injuries Caused by Lightning at Outdoor Sporting Event

by Robert N. Katz, Esq.

Twelve people were injured this week in Houston County when lightning struck at an outdoor middle school football game.One adult is in critical condition.Lightning struck while crowds were evacuating the stands.

As school has resumed, outdoor athletic events are taking place during what has been an excessive storm season.When storms threaten, school officials and coaches must not let their desire to compete in the sport override crowd and player safety.

Each year many people are killed or injured due to misinformation and inappropriate conduct during thunderstorms.Lightning casualties have increased at sporting events and for children of school age.Most of this trend is related to outdoor sporting activities.Hence, schools and other sports organizations need to develop specific policies for lightning safety at sports events.

Published on: July 2, 2008

Six Flags Ride Kills Teen

by Robert N. Katz, Esq.

On Saturday, June 28^th, seventeen year-old Asia LeeShawn Ferguson, was decapitated when he was struck by the Batman roller coaster at Six Flags over Georgia in Austell, Georgia.

Witnesses report that Ferguson, who was with his family and a church group from South Carolina, scaled two perimeter fences with another teenage friend and entered a danger zone inside the ride area.

Although some witnesses indicate Ferguson was trying to retrieve a lost hat or possibly touch the feet of riders on the ride, Cobb County police dismissed those rumors as unsubstantiated.Instead, Ferguson and his friend may simply have been trying to re-enter the park from the parking lot rather than using the main entrance as required.

Published on: January 7, 2008

Personal Injuries Caused by Faulty MARTA Escalator

by Robert N. Katz, Esq.

Varying reports have now appeared about a MARTA escalator incident on New Year’s Eve.At first the Atlanta Journal Constitution reported, “a bunch rowdy college football fans lost their footing” when one of the Five Points MARTA station escalator’s malfunctioned.Eleven people were injured in the accident.

According to riders, the escalator suddenly began running backwards at four to five times its normal speed.The sudden reverse escalation caused the riders to fall to the stairs in a heap.Over 50 people were dropped to the station platform.One person sustained a broken leg, and 11 people were transferred to the hospital.

MARTA officials blamed the mishap on this group of “rowdies” and said “people should learn not to mess around.”Eyewitnesses disputed such behavior.Three days later MARTA admitted that three transit escalators in two stations failed that day. A MARTA spokesperson revealed that the braking system on two escalators failed at the Five Points station and one failed at the Georgia Dome station all on News Year’s Eve.The escalators were subsequently shut down and are under repair.The next day the Atlanta Journal Constitution demanded that MARTA “take aggressive steps to eliminate persistent equipment problems.”

Published on: December 26, 2007

Wrongful Death Settlement of 6 Million Due to Shoddy Construction

by Robert N. Katz, Esq.

December 26, 2007

The family of Milena Del Valle, a passenger killed in the Big Dig Tunnel in Boston, Massachusetts, settled for 6 million dollars yesterday from one of the defendants in a wrongful death suit filed against 17 defendants.

While riding as a passenger with her husband in the tunnel, Del Valle was killed when 3 3-4 ton ceiling panels gave way overhead, falling and crushing her.Her husband escaped through the window of his sedan.

Published on: November 26, 2007

Medical Reimbursement by Wal-Mart Leaves Employee Destitute

by Robert N. Katz, Esq.

November 26, 2007

Last week, the Wall Street Journal’s (subscription required) front-page story explained insurance subrogation through its personal effect on Wal-mart employee, Deborah Shank.Fifty-two year old Shank worked as a night clerk at Wal-mart for years in order to care for her three sons during the day.Seven years ago while shopping at a yard sale, Shank was hit by a semi tractor-trailer, leaving her paralyzed and brain damaged for life.

Shank’s family sought legal help and eventually obtained a one million dollar settlement, which were the limits of the defendant’s liability insurance policy.With the settlement, the Shanks paid their attorneys, paid off some debts and purchased a wheelchair accessible home for Mrs. Shank.They placed the remaining $417,000.00 in a special trust to care for her at home long term.