Georgia Injury Law Blog

Published on: July 8, 2023

Nursing Home Abuse Prevention Checklist for Families

This June, elder advocate organizations around the country are calling for a focus on the rights of seniors, and the prevention of abuse and neglect involving elderly persons, millions of who live in nursing homes.

On June 15, elder organizations across the world including the World Health Organization at the United Nations will mark World Elder Abuse Awareness Day to raise awareness about the risks of abuse, exploitation and neglect involving seniors. Events and commemorations are being planned for the special day across the world, including the United States where more than 50 million people above the age of 65 currently live. Out of these, close to 1.5 million people live in nursing homes, and a million more live in assisted living facilities.

For families, the decision to place a loved one in a nursing facility or an assisted living facility is never an easy one. It is, unfortunately, the only option available for many people who often find themselves worried and anxious about the safety and care of their loved ones in these facilities. The fact that so many nursing homes in the United States have questionable standards of care at best is definitely a concern for families looking for a facility.

Published on: July 6, 2023

Experts: Size and Speed — Key Factors When Choosing Car for a Teen Driver

by Robert N. Katz, Esq.

While many teen drivers operate their cars safely, other teen drivers have an enhanced risk of auto accidents. Therefore, parent must be careful when it comes to buying a car for their teenager.

Whether you are buying a car for a newly licensed teen driver or a car for a teen driver with a couple years driving experience under their belt, the Insurance Institute for Highway Safety and Consumer Reports have a list of the safest cars to buy for teen motorists in America. The list contains both used as well as new cars, and the researchers have gone to great lengths to find affordable cars considering the high price of cars in the market right now.

So what do you look for when you buy a car for your young driver? For most parents, the biggest considerations are price and safety. The list provides several options of care that should be within your budget, but also relatively safe.

Published on: July 3, 2023

Study Finds Race – Based Differences in Nursing Home Data on Fall Accidents, Bedsores

by Robert N. Katz, Esq.

A study published recently finds race -based differences in how nursing homes report fall accidents and pressure ulcers involving residents on their premises. These differences could make it difficult for families of elderly persons looking for reliable nursing homes for their loved ones.

The results of the study were published recently in the JAMA journal. The researchers set out to compare nursing home characteristics with the reporting of bed sores -also known as pressure ulcers – and fall accidents in specific nursing homes. The researchers found to their dismay that the federal website that contains information about specific accidents and injuries in nursing homes actually underreports data on fall accidents and pressure ulcers.

Much of the difference in the reporting also seems to be based on race. Nursing homes that have predominantly white residents are much more likely to report high numbers of fall accidents compared to pressure ulcers, and are also much more likely to report fall accidents more accurately. Similarly, nursing homes with majority black residents are much more likely to report a higher incidence of pressure ulcers compared to fall accidents. Predominantly black facilities are more likely to report pressure ulcers more accurately. Overall, the researchers say the better your reporting on fall accidents, the lesser your likelihood of reporting bed sores.

Published on: June 29, 2023

PTSD and Car Accidents

by Robert N. Katz, Esq.

One of the most underestimated and neglected effects of a motor vehicle accident is posttraumatic stress disorder or PTSD, an anxiety- related condition that can severely limit a person’s recovery after being involved in an auto accident.

Several American organizations including veterans’ organizations are marking June 27 as Posttraumatic Stress Disorder Awareness Day. The day is being commemorated to make more people aware about the disorder and its effects on a person’s ability to lead a normal life after experiencing a traumatic life event.

Posttraumatic stress disorder is a mental health condition that emerges after a person has suffered a terrifying or life-threatening event like a natural disaster, terrorist attack, and even an auto accident. The condition may arise if a person has undergone a terrifying event in which his or her very life or physical wellbeing is threatened or at risk.

Published on: June 22, 2023

NHTSA Predicts Drop in Auto Accident Fatalities During First Quarter of 2023

by Robert N. Katz, Esq.

After 7 consecutive years of year- to -year increases in auto accident wrongful deaths, the federal administration has been recording slow, but perceptible drops in these numbers for four consecutive quarters. Latest estimates by the administration shows that the first quarter of 2023 has been no different.

The National Highway Traffic Safety Administration has released its auto accident death projections for 2023. The estimates for the first quarter of 2023 show a 3% decline in the number of people killed in car accidents compared to the same period of time in 2022. The National Highway Traffic Safety Administration estimates that a total of 9,330 people were killed in auto accidents in the first quarter of 2023. That was a drop from the 9,645 accident deaths recorded during the same period of time last year. The fatality rate for the first quarter of this year was 1.24 traffic accident deaths compared to 1.32 fatalities during the first quarter of last year.

The same trend could also be seen in Georgia where there was a drop in the number of people killed in auto accidents in the first quarter of 2023, compared to last year. During the first quarter of 2022, a total of 468 people were killed in car accidents in Georgia, and that number dropped to 410 fatalities this year. That was a significant 3.7% drop. The fatality rate in Georgia dropped from 1.62 fatalities in 2022 to 1.36 deaths this year.

Published on: June 15, 2023

Road Restrictions on E -Scooters Place Riders at Risk of Pedestrian Accidents

by Robert N. Katz, Esq.

Many cities including the metro Atlanta region have seen a boom in the number of e – scooter riders, but limits on the operations of these vehicles mean that many of these riders choose to ride on sidewalks, increasing their risks of being involved in pedestrian accidents.

Around the country, there has been an increase in the number of e – scooter riders, and cities have welcomed the expansion of this community because that reduces the stress on motor vehicle traffic, especially in congested cities like Atlanta. However, many cities have restricted the roads that these vehicles can be operated on. This means riders often choose to ride on sidewalks, placing them in direct conflict with pedestrians, and increasing their chances of being involved in pedestrian accidents. In fact, according to a new study by the Insurance Institute for Highway Safety, there has been an increase in the number of e – scooter personal injuries and accidents involving pedestrians.

In most cities, the laws allow persons to ride e- scooters on roads where the speed limit is 35 miles per hour or less. That restricts the operation of ride vehicles to bike lanes and bike paths. In areas where it is not possible to ride on bike lanes, e – scooter riders prefer to ride on sidewalks. This may be safe for the scooter rider, but involves increased risks for pedestrians, especially when the e-scooter is being operated at high speeds. Most riders do tend to lower their speeds when they are riding on sidewalks as compared to riding in a bicycle lane. Even so, the potential risk of personal injuries to pedestrians is very real. Some cities have placed greater speed restrictions on privately operated scooters that are being operated on sidewalks in order to reduce the risk of personal injuries to pedestrians in accidents with the scooters. Other cities are even considering a complete ban on e – scooters on sidewalks.

Published on: June 12, 2023

Pool Drowning Deaths Increase During Summer

by Robert N. Katz, Esq.

With summer fast approaching and thousands of children and families cooling off in swimming pools across the country, it is important for Atlanta pool owners to understand their risks of premises liability when a drowning occurs on their premises.

Most drownings involving children occur in swimming pools. According to the Centers for Disease Control and Prevention, children between the age of 1 and 4 are more likely to die from drowning than any other factor. For children between the age of 5 and 14, drowning is the second most likely cause of unintentional death, after auto accidents. Every year, there are 4,000 fatal drowning accidents recorded in the United States, and as many as double that number of non -fatal drowning accidents. According to the Centers for Disease Control and Prevention, Georgia has a drowning death rate that is approximately 1.37 for every 100,000 population.

Most of these accidents occur in residential and commercial swimming pools. Even if a drowning does not result in death, it can result in severe or even catastrophic personal injury. The loss of oxygen supply to the brain can result in brain damage and other consequences that can contribute to long- term or lifelong disability of a child or adult. Close to half of all drowning accidents that do not result in a death will result in hospitalization of the victim. A drowning is much more likely to result in death or long term injury compared to other unintentional injuries.

Published on: June 7, 2023

Understaffed Georgia State Patrol Could Mean Higher Auto Accident Risks

by Robert N. Katz, Esq.

The Georgia State Patrol has been steadily losing staff numbers, and there are fears that an understaffed agency could mean a higher risk of auto accidents on our already dangerous highways. When there are less police officers on the road to deter speeding and reckless driving, this conduct will only increase leading to more car accidents and pedestrian accidents.

According to reports, the Georgia State Patrol has been steadily and consistently losing staff members over recent years. In April 2022, the Georgia State Patrol had a total of 828 troopers. However, just a few months later in January 2023, that number had dropped to just 783.

This decline in staffing numbers at the Georgia State Patrol has been evident for a while now. Even as the number of vehicles on Georgia highways has increased exponentially, the number of troopers responsible for keeping these highways safe and responding to car accidents has not kept pace. For example, in 1977, 524 Georgia State Patrol troopers were assigned to keep motorists safe on the highways and respond to accident crises. In 2023, at one point, there were just 497 Georgia State Patrol troopers assigned to the highways, lower than they were at least 45 years ago. These 497 troopers were in charge of maintaining safety on highways that have a far denser population of motor vehicles than they had in 1977.

Published on: June 5, 2023

Sharp Increase in Fatal Slip and Fall Accidents Involving Seniors

by Robert N. Katz, Esq.

Over the past 2 decades, there has been a staggering increase in the number of fatal slip and fall accidents involving American seniors, with the rate doubling during this period of time.

Slip and fall accidents are a major cause of wrongful deaths and personal injury involving seniors, and in fact, according to some statistics, contribute to the highest number of wrongful deaths involving seniors every year. However, a new study shows exactly how alarming those risks are, and how dramatically those wrongful death rates have increased. The study by researchers at the Pennsylvania State University shows that in 1999, there were a total of 10,100 fatal slip and fall accidents involving American seniors above the age of 65. By the year 2020, that number increased to 36,500 fatal slip and fall accidents involving seniors.

That is a staggering increase, and seems to show that in spite of advancements in fall protection for seniors, these personal injuries are only increasing. The researchers say that there simply is not enough of a focus on slip and fall prevention involving senior citizens, and that is contributing to this increase. The study also shows that fatal slip and fall accident rates seem to have increased among all categories of seniors since 1999. Rates seem to have increased for both men and women. White male adults had the highest slip and fall death rate with as many as 78 deaths for 100,000 population in 2020. Fall-related death rates also rose for black, native American, Hispanic and Asian seniors.

Published on: June 1, 2023

These Three Dog Breeds are Banned by Insurers for Their Bite Risks

by Robert N. Katz, Esq.

Summer is when there is typically an uptick in the number of dog bites and attacks reported across Georgia and the rest of the country. Did you know that there are three dog breeds that most home insurance companies simply refuse to include in their dog bite liability coverage?

Many insurance companies have breed lists that include breeds of dogs that the company will not cover if the customer has the specified breed of dog in their home. Most insurance companies, for instance, refuse to include Doberman Pinschers, Rottweilers and pit bulls in their liability coverage. That means that if you are a homeowner who owns one of these breeds, you are likely to find yourself in serious financial trouble if your dog attacks another person and that person brings a dog bite claim for damages against you.

While some insurance companies have such breed lists, others may consider whether they will provide coverage for these dogs on a case -by – case basis. For instance, many insurance companies refuse to extend coverage when a homeowner has a dog that has been tagged as a “vicious dog” on the premises. A “vicious dog” is one that has been involved in an attack or a bite involving injuries or damage.