Georgia Injury Law Blog

Published on: January 28, 2016

Calendar year 2015 did not provide great news for motorists in Georgia.

Calendar year 2015 did not provide great news for motorists in Georgia. Not only was there a spike in the total number of people killed in car accidents across the state last year, but there also appears to be a rise in the number of people killed in alcohol-related car accidents.

The rise in Georgia’s car accident fatalities numbers is concerning. After declines were reported for close to nine consecutive years, traffic accident death numbers actually increased in 2015. In 2015, more than 1,300 people died in car accidents, and at least 25 % of those fatalities are estimated to have involved an impaired motorist.

The 25% number has not been confirmed yet, because the final numbers are still being compiled. Exact details about the alcohol percentage in each of these fatalities is not yet known, but based on past data, it’s quite reasonable to believe that the 2015 numbers involving drunk driving was very high. According to the Governor’s Office of Highway Safety, data from the National Highway Traffic Safety Administration (NHTSA) reveals that two years ago, 27% all traffic accident fatalities were directly linked to intoxicated motorists. It can take months for lab results to arrive and be verified, and final statistics for 2015 will not be confirmed until months from now. However, all initial indicators point to an increase in the number of people killed as a direct result of being involved in an accident with an intoxicated motorist.

Published on: January 20, 2016

The Dangers of Hoverboards

by Robert N. Katz, Esq.

Everyone’s talking about the exciting new toy that has had even the Vatican horrified. Whether Santa dropped a hoverboard in your Christmas stocking, or you couldn’t resist the urge to buy one for yourself, there’s a lot to know about these very intriging, but dangerous toys.

According to the Consumer Product Safety Commission (CPSC), hoverboards have been involved in a number of fire-related hazards. The CPSC is actively investigating reported fires and will continue to do so as new reports are made.

The agency is also testing these damaged and burned hoverboards for answers to several questions:

Published on: December 20, 2015

How to Identify Signs of Sexual Abuse in a Nursing Home

by Robert N. Katz, Esq.

Among the various types of abuse that occur in nursing homes, the most difficult to identify is sexual abuse. Although cases of rape and sexual abuse in nursing homes are rarer than cases of physical abuse, there is no denying the fact that sexual abuse leaves behind long-term psychological and emotional scars that can be even more difficult to heal from than physical injuries.

The elderly are easy victims of sexual abuse, because they often feel ashamed of the abuse and unable to confide in their family about what has transpired. Furthermore, they may feel intimidated or threatened by the perpetrator. All of these things make it difficult for family members to identify abuse.

To determine whether your loved one has been the victim of sexual abuse, look for signs of changed sexual behavior in your loved one. Don’t ignore any signs of sexual promiscuity, suggestive behaviors, or odd behavior.

Published on: December 14, 2015

The Most Dangerous Mistake Parents Make and How It Could Injure Their Children

by Robert N. Katz, Esq.

Unfortunately, many parents continue to violate basic child safety rules, and move their children from booster seats to a seat belt much too early, increasing the risk that their child will be seriously injured in an accident.

According to a new study which involved more than 1,000 parents who participated in an online survey, determining when a child should move from a booster seat to an adult seat belt is still confusing for most parents. The online survey was conducted by Safe Kids Worldwide, and found that 9 out of 10 parents had moved their children from a booster seat to a safety seat belt to early.

Seven out of 10 parents of children between the ages of four and 10 were still not aware of the basic height requirements that a child must meet before he can be restrained in a safety belt only. The recommendation is that the child should be at least 4’9" before he can use an adult safety belt. When a child below the height requirement is restrained in a safety belt, there is a serious risk that the child will be injured in an accident.

Published on: November 26, 2015

Black Friday Injuries and Deaths

by Robert N. Katz, Esq.

We call it “Black Friday” because it’s traditionally the day when retailers move their accounting ledgers from red ink (deficits) to black ink (profits).

Increasingly, though, America’s biggest shopping day is becoming “Black-and-Blue Friday,” as scores of innocent consumers find themselves seriously injured while out and about. Some have even died.

The Internet is catching on to the disturbing trend. BlackFridayDeathCount.com is as macabre as it is blunt, but the website, which tracks the number of injuries and deaths reported since 2006, has gained a lot of attention over the last few years.

Published on: October 7, 2015

Risk Factors for a Drowsy Driving Accident

by Robert N. Katz, Esq.

Almost every motorist at some point or another driven while being too tired. This includes driving in a state in which they were frequently yawning, or nodding off to sleep while driving.

Drowsy driving is a silent killer on American roads, contributing to as many as one in six fatal accidents and thousands of injuries. However, there are no reliable ways to measure drowsiness, and motorists are very rarely likely to admit that they were indeed fatigued while driving. Therefore, the actual number of drowsy driving accidents is potentially much higher than estimated.

If you are driving, and notice yourself doing the following, it is time to pull over somewhere safe and take a break.

Published on: September 30, 2015

Does Your Cell Phone Beep Distract You While Driving?

by Robert N. Katz, Esq.

Contrary to what many people believe, you don’t necessarily have to pick up the phone to answer your cell phone to become distracted while driving. The notification of an incoming call or message could be sufficient to distract you enough to cause an accident.

According to a new study, distractions don’t have to involve text messaging or talking on a cell phone at the wheel. Even cell phone alerts can cause a person’s mind to wander, and that distraction could actually cause or contribute to a motor vehicle collision.

The results of the study conducted at Florida State University show just how distracting cell phone-related noises really are. When a person hears a cell phone beep or ring informing him about an incoming SMS message, the person’s mind immediately is diverted from the task of driving, and toward the message or call. Even if the person does not pick up the phone to answer the call or read the text message, his mind is now diverted, and he is distracted. The researchers admit that they were surprised at the level of distraction simple cell phone notification alerts can cause.

Published on: September 28, 2015

Georgia a Leading State for Dog Bites

by Robert N. Katz, Esq.

Georgia residents continue to be at a high risk of dog bites. In a recent study by State Farm, Georgia ranked at number nine in a list of the top 10 states in the country for dog bite incidences.

New statistics released reported by the insurer showed that State Farm paid out $3.8 million for 116 dog bite-related injury claims in Georgia in 2014. That places Georgia at number nine on the list of top 10 states for dog bite claims in the country. State Farm did not provide more data about the injury claims or the breeds of dogs that were involved in these attacks.

The high rate of dog bites in Georgia is a serious problem for residents of the Peach State, especially because dog bite laws here make it much more difficult for plaintiffs to recover damages after a bite, compared to other states. In California, for instance, the law allows for strict liability in dog bite claims. That means that a person who has been injured in a dog bite can recover damages, even if it was the dog’s first bite and even if the owner had no previous knowledge of his dog’s vicious tendencies.

Published on: September 22, 2015

Cameras in Operating Rooms Could Help Prevent Surgical Errors

by Robert N. Katz, Esq.

The use of existing technology could be part of the next effort to reduce the number of surgical errors occurring in operating rooms across the country. A new movement is calling for the introduction of recording technology in operating rooms in order to prevent surgical errors that cause patients injuries or death.

In many surgical error cases that come before Atlanta medical malpractice attorneys every year, it’s challenging to identify the exact kind of error that occurred.This is due to the lack of proper documentation, confusion during the procedure, or intentional cover-ups.For many patients, this means that they are unable to proceed with a medical malpractice lawsuit because the evidence cannot support a successful result.

In the absence of any kind of audio or video recording of what transpired in the operating room, patients and families have to rely on the memories of those present in the OR, and whatever documentation was created immediately after the surgery. In many cases, these are insufficient to identify the kind of errors that occurred.

Published on: September 7, 2015

Alcohol and Holiday Travel Don’t Mix

by Robert N. Katz, Esq.

You know who doesn’t take the day off for Labor Day? The police! As a matter of fact, law enforcement departments across the country have announced they’re cracking down on careless driving and DUIs this weekend like never before.

There’s good reason for that.

Labor Day is the second deadliest holiday in America. (Only Thanksgiving claims more lives.) Each year, this single weekend sees tens of thousands of arrests on the highways, and the overwhelming majority of them are for driving under the influence of alcohol or drugs.