Georgia Injury Law Blog

Published on: March 3, 2009

Accident, Injury Prevention Features still not Standard on all Passenger Vehicles

Electronic stability control, side impact airbags, neck restraint systems – these are just some of the high tech, innovative, auto safety features that manufacturers have developed and improvised to near perfection in recent years, in an effort to reduce the number of car accidents and injuries caused by vehicle collisions. Although these are becoming popular with car buyers, they are far from standard on all passenger cars, which means that motorists who wish to have these features in their vehicles should be prepared to shell out extra dollars for them.

The New York Times has this story on how some of the most ballyhooed car safety features continued to be optional on several car models. Electronic stability control (ESC) systems are one of the most impressive new auto safety technologies to make it out of R&D facilities in recent years. The system makes use of computerized sensors that can tell when a car is in danger of losing grip of the road. When a potential loss of traction is detected, the system automatically applies the brakes so there is no loss of control. Cars may be especially prone to skidding or loss of control when they turn at high speeds, or accelerate or brake suddenly. Loss of control in such instances can cause the car to roll over, exposing occupants to serious injuries. With an ESC system working in your car, the risk of an accident is dramatically reduced.

ESC systems will be standard on all vehicles by 2012. They are currently very popular with buyers who will pay extra for an ESC system if it is not included as part of a standard features package. However, in times of a recession, paying extra, sometimes up to $ 2,000 extra for a package that includes an ESC system may not be in every buyer’s budget. In times of economic turmoil, it’s more important than ever that automakers design their cars with a view to minimizing accidents and injuries that take a heavy economic toll. Like David Champion who is the senior director of automotive testing at Consumer Reports says, manufacturers shouldn’t be making it more expensive for buyers to access proven safety gear like ESC systems or side impact airbags.

Published on: February 27, 2009

Clayton County Bus Shortage Poses Risk of Accidents

by Robert N. Katz, Esq.

Lack of funding is the reason why Clayton County buses are bursting not only with people, but with the potential for a serious accident. According to MARTA, which operates 22 buses through C-TRAN, Clayton County’s public transport system, more buses are desperately needed to avoid the overcrowding problem on local buses. The problem is huge, and is getting to the point where a bus is forced to routinely take close to 20 more passengers than it can handle.

MARTA general manager Beverly Scott is concerned enough about the problem to ask for additional funding to address this concern. Apart from at least 6 new buses that will be needed to counter the overcrowding problem, new drivers to operate these as well as additional routes will have to be planned for. On February 17^th at a hearing that included county residents, the Clayton County Commission received an earful of complaints about the dangers they faced traveling on County buses. Besides the road safety issues involved, residents complained that they were frequent fights breaking out on the buses as passengers jostled for space.

MARTA is expecting more than $60 million in federal stimulus money. However, those expecting the money to be used to expand essential bus services are likely to be disappointed. MARTA expects money to be used for current facilities, including repairs and other projects.

Published on: February 26, 2009

DRYWALL IN GEORGIA HOMES POSES HEALTH CONCERNS

by Robert N. Katz, Esq.

If it isn’t contaminated drugs, tainted milk products and lead painted toys that Georgia product liability attorneys constantly encounter, it’s the prospect of being poisoned in your own home by defective drywall. The Consumer Product Safety Commission (CPSC) is investigating whether gases emitted from Chinese-made drywall pose a safety risk to house owners, including those in Georgia.

The investigation is linked to complaints of sulfur-like gases that were being emitted from the drywall, resulting in corrosion of electrical wiring and plumbing in a few homes in Florida. Drywall is commonly used in the construction of interior walls, and currently the CPSC has no standards for the material. The drywall that has been the focus of close to 100 complaints by homeowners in Florida to the state’s department of health, was imported from China due to a shortage. The CPSC investigation will look at whether there are potential safety hazards in the use of the drywall, and whether a recall needs to be issued for the defective drywall. Besides Florida, the problem is expected to be particularly high in gulf coast states like Georgia, Louisiana and Mississippi. Parts of Louisiana and Mississippi that were badly ravaged by Katrina are likely to have several houses that were rebuilt after the hurricane, using the toxic drywall.

Symptoms of sulphur poisoning from the drywall include sulphur odors that are similar to the smell of rotten eggs. The house may have more problems with this electrical wiring and air conditioning systems that can’t be explained easily. Most importantly, people living in the house could be experiencing frequent respiratory tract infections, and unexplained dizziness.

Published on: February 24, 2009

DeKalb County Faces Funds Shortage for Road Repair Projects

by Robert N. Katz, Esq.

Blame the economic meltdown if there are more automobile and pedestrian accidents in DeKalb County in the coming years. The County is facing a severe funds crunch, and road repair and building projects are expected to suffer as a result.

DeKalb County last year spent $19 million on construction of new roads and sidewalks, and undertaking bridge repair. This year, that amount has been drastically slashed to $5.5 million. Every year, the County invests heavily in street repavement efforts that ensure that motorists drive not just efficiently, but also safely. Investments in previous years have gone into building sidewalks, so pedestrians can walk safely without fear of accidents, and constructing of new medians that can allow vehicle movement on roads to flow smoothly and prevent crashes. In previous years, funding from the road building budget has been used to install new streetlights that can reduce nighttime accidents. All these efforts are expected to suffer this year as the County struggles with balancing the shortage of funding, with numerous road and sidewalk repair, construction and improvement projects that it needs to undertake.

It seems like the financial meltdown and the economic crisis will begin pinching DeKalb County residents where it really hurts – their safety on county roads. You know there’s a meltdown in full swing not only when unemployment figures are up, but also when a cash shortage is obstructing efforts to make our cities and roads safe for all. Road building and repair efforts are necessary every year to repair eroded and battered stretches of road that can expose motorists to risk for automobile accidents. For instance, when traffic safety programs are cut because of funding shortages, you end up with battered and faded street signs malfunctioning street lights, uneven road surfaces that pose a risk of loss of control and rollovers, and other road defects that can cause accidents. Besides, during a recession, county authorities are also forced to cut down funding for the redesign of dangerous roads that may place motorists at an increased risk of collisions.

Published on: February 23, 2009

Cartersville Construction Worker Killed in Accident

by Robert N. Katz, Esq.

Construction sites are some of the most dangerous work places, with the industry occupying 3^rd place in the number of work-related fatalities every year. Most of these accidents are completely preventable, if only employers make provisions for proper training of workers and adequate safety measures. In one such preventable accident, a construction foreman in Cartersville, Georgia was killed earlier this month in a trench collapse accident.

James Hilbish was working in the trench as part of a sewer line installation on the 4^th of February when the cave in occurred.The trench was reportedly 30 feet in depth, and at least 25 to 30 feet in length His body was found more than 3 hours later. Hilbish worked for an Alabama company which had subcontracted the job from the Bartow County Water Department. No other injuries were reported in the accident.

A trench collapse is one of the most dangerous of all accidents on a construction site. The process of heaping mounds of soil on top of the trench walls can lead to the wall becoming weak and unstable.Besides, the soil that’s piled high on the walls can quickly shift under provocation, and began to pour into the trench within seconds. When this happens, any workers inside the trench are at risk for death by suffocation. In most cases, attempts to rescue workers can be extremely difficult because of the speed with which such collapses occur. Rescue attempts are also made more dangerous by the fact that disturbing the soil further can trigger off more cave-ins.That’s why these accidents so often result in fatalities.

Published on: February 20, 2009

Georgia Bill to Allow Seatbelt Use Evidence in Accident Trial

by Robert N. Katz, Esq.

There’s a string of seatbelt laws all relating to the impact of seatbelts on car accident -related injuries pending in the legislature, and each one of them is at varying stages of approval. One such bill is currently in the Senate, and it could have potential implications for an accident victim’s right to recover damages after a car accident.

According to bill SB23, if the victim of an accident was not wearing a seatbelt at the time of the crash, then the defendant’s lawyer would be able to bring up this fact during trial. Currently, Georgia law does not allow a victim’s failure to buckle up to be mentioned during trial proceedings. Jurors are not allowed to consider if failure to wear seatbelts could have contributed to the severity of the injuries. If the bill becomes law, then that fact can be used as evidence that the plaintiff or the victim contributed to the severity of his injuries by not buckling up. Obviously, this would have an impact on any damages that the plaintiff would be eligible for as the result of the accident. Georgia personal injury lawyers are expectedly displeased about the bill, and the repercussions it would have on a victim’s right to compensation after an accident. The Georgia Trial Lawyers Association has opposed the bill because it allows the jury to develop a negative perspective of the victim. The Georgia Chamber of Commerce has voiced its approval of bill.

A civil trial is all about compensating a victim for another person’s negligence. A victim’s failure to wear a seatbelt cannot be used as an excuse to forgive or lesson the severity of the defendant’s negligent driving behavior. The bill amounts to letting a defendant get away with a possible rap on the wrist, if the victim has failed to wear a seatbelt. If the bill passes, we risk making a civil trial all about the inadequacies of the injured plaintiff, and not the negligence of the defendant.That defeats the purpose of civil justice.

Published on: February 19, 2009

Georgia Introduces Pharmaceutical Immunity Bill

by Robert N. Katz, Esq.

Earlier this month, we reported on Governor Sonny Perdue’s proposed legislation granting immunity from civil liability to pharmaceutical companies and medical device makers if their products had already received FDA approval. Earlier this month, a bill was introduced outlining many of the same proposals that the governor mentioned, and underscoring the fears of patients, civil justice advocate and Georgia product liability attorneys.

The Bill, Senate Bill 101 grants immunity to these companies from any injury lawsuit brought by Georgia residents if the injury was caused by a pharmaceutical drug or medical device that had FDA approval. It’s clearly aimed at attracting Big Pharma investment into the state with civil liability immunity being the Unique Selling Proposition (USP). What it essentially does, however, is sacrifice patients’ rights to hold these companies accountable for injuries or deaths caused by their products. At the risk of sounding dramatic, we believe victims of device and pharmaceutical injury will be at the mercy of these companies.

The bill relies on a foundation that has been found to be increasingly fragile in recent years. FDA approval of drugs and devices has come under the scanner after several drugs and devices were forced off the market when injuries and risks associated with their use came to light. Do the names Vioxx, Heparin and Medtronic defibrillator leads ring a bell?

Published on: February 17, 2009

Georgia Salmonella Outbreak May Lead to Greater Food Safety

by Robert N. Katz, Esq.

In the days since we were first informed that the nationwide salmonella food poisoning outbreak originated at a Peanut Corporation of America plant in Blakely, Georgia, the death toll from the outbreak has reached 9, the number of people sickened from salmonella tainted products has risen to 19,000 and food poisoning lawsuits have been filed.

Last week, Stewart Parnell, president of Peanut Corporation of America was summoned to Washington to testify at a congressional hearing. Meanwhile, skeletons have been tumbling at the PCA.Former employees at the Blakely plant have come forward to sing like canaries about the abhorrent sanitation practices at the plant. According to one employee, he once found baby mice inside a packet of peanuts. The same employee also claims that he has been witness to the practice of pasting new stickers on jars of old peanut paste, and has seen holes drilled by rats in sacks of peanuts. A new FDA report also indicates that management at the Georgia plant continued to ship out products that they knew had tested positive for salmonella contamination. According to the report, the company continued to retest its products until test results showed findings that were more to its liking – that the peanut butter was salmonella free.

The concern over products from the Georgia plant is so intense that the FDA has asked consumers to throw out any peanut butter products made at the plant over the past 2 years.

Published on: February 16, 2009

Mandatory Seatbelt Laws for Georgia’s Pickup Drivers Could Soon be Here

by Robert N. Katz, Esq.

Georgia’s pickup truck drivers look set to begin buckling up compulsorily as the state’s senate passed a seatbelt law last week that will require all pickup drivers to wear seatbelts while they are driving. The senate passed the bill by a vote of 49-4. It will now move on to the House, where it hasn’t fared too well the last few times it made it there. Rural and agricultural interests have long argued that the seatbelt law is unnecessary, and that it will "hinder farmers." Legislators who support the law say that any concerns about farmers and the inconvenience to them are simply overblown.

Legislators who support the bill estimate that it could possible save as many as 105 lives a year in automobile accidents.Besides, there’s the little matter of a grant of $4.6 million that the state would be eligible to receive from the federal government if the bill actually becomes law.Georgia is grappling with a massive budget deficit, and the lure of a grant could be the deciding factor when House members vote for or against the bill.For now, House members have been non committal about their response to the bill.Governor Purdue too hasn’t made a commitment to supporting it

Georgia still remains behind most states as far as mandatory seatbelt laws are concerned, even though pickup drivers themselves have been vocal in their support of any such law.So far, these drivers have been exempt from having to buckle up compulsorily, and this has not only cost the state that $4 million grant, but also hundreds of lives that could have been saved every year by the simple act of buckling up.These pickups can cause their unrestrained occupants serious injuries in the event of an accident. Across the country, states have adopted mandatory seatbelt laws, and the impact on their fatality rates has been clear to see. The increasing rates of seatbelt use and stricter enforcement of seatbelt laws by traffic police has been cited as a possible reason why the accident fatality rate across the country is declining the way it is.

Published on: February 13, 2009

Richmond County Worker Killed in Crane Accident

by Robert N. Katz, Esq.

A Richmond County worker has been killed in a crane accident at an International Paper wood yard facility.A press release by the company has said that Bill Drake was killed on February 2^nd at the plant’s facility on the Mike Padgett Highway.Drake was engaged in clearing wood debris on the tracks when he was struck by the metal cage of the crane. He died at the scene of the accident.

Drake worked as a crane operator, but that particular morning, he had been assigned the task of clearing the tracks. As per normal procedures, the Occupational Health and Safety Administration has initiated investigations into the accident.The company seems to have no record of accidents at the plant over the last five years.However, it has been subjected to inspections twice because of complaints.The first inspection resulted in fines for both minor as well as more serious violations, while the second inspection conducted last year did not yield any violations. An investigation by OSHA will likely take months, and it wouldn’t be possible to draw conclusions about the causes of the accident before the findings are out.There are several questions that can be raised about the accident though – for instance, who was operating the crane at the time of the accident? Was it a trained and qualified crane operator?Did Drake receive warnings while he was engaged in the debris clearing work, alerting him to possible danger from the crane?

Very often, workplace accidents are the result of inadequate safety precautions followed by employers as well as other workers at the scene of the accident. Employees need to be properly trained to handle the tasks they are performing, as well as a safe working environment where all safety precautions are followed stringently.