Georgia Injury Law Blog

Published on: February 1, 2012

Georgia Appeals Court Overturns Yamaha Rhino Injury Verdict

The Georgia Court Of Appeals has reversed a jury verdict in favor of a Yamaha Rhino rider, who suffered a serious personal injury during an off-road vehicle accident.The victim, a gravedigger from Georgia had been riding his Yamaha Rhino off-highway vehicle when the vehicle flipped over.He suffered serious leg injuries.

A court had ordered Yamaha to pay damages of $317,000.However, the Georgia Court of Appeals has now reversed the verdict.According to the appeals court’s decision, unlike a car accident, the victim had assumed the risk of injuries when he purchased the off-road vehicle in 2006.With this and to the dismay of many personal injury lawyers, Yamaha’s unblemished Rhino injury lawsuit record continues.The company has continually won lawsuits arising out injuries and fatalities resulting from accidents involving its off-road vehicle.However, the company has also entered into undisclosed settlements with several injured people, so the unblemished track record isn’t that clean.Those settlements are confidential, however.

The Yamaha Rhino was introduced in 2003, and quickly became popular among a growing generation of off-road vehicle fans.These off-road vehicles are different from all-terrain vehicles, in that they do include some additional safety features like safety belts.However, consumer safety groups soon found that the Yamaha Rhino was linked to a number of accidents ending in injuries.Some of the injuries that have resulted from these off-road vehicle accidents have been severe.Yamaha Rhino riders, who were caught or trapped when the off-road vehicle flipped over, have suffered from severe crushing injuries, and arm and leg injuries.There have also been amputations and severe limbs.The Rhino weighs about 1,100 pounds, and any accident that results in the vehicle flipping over and landing on a person, can cause serious injuries.

Published on: January 30, 2012

Investigations into Atlanta Machinery Accident Begin – Workers’ Comp. Claim Likely

by Robert N. Katz, Esq.

Federal investigation officials are investigating a workplace accident in Atlanta, in which 2 people were killed after the piece of equipment they were working on, collapsed. Of course, family members of the persons who were killed are emotionally devastated. Unfortunately, as workers’ compensation attorneys know to well, Georgia’s worker’s compensation system is unlikely to provide the families with the level of financial assistance they need to move forward with their lives.

The accident occurred near midtown Atlanta, where the 2 men were working on a mobile lift in a 40-foot bucket.At some point, the lift became stuck.The men had been working on the exterior of an apartment building when the lift became stuck.As the workers attempted to move the lift, it collapsed on a concrete walkway.The 2 men were flung onto the ground, and sustained serious injuries.They were taken to the Grady Memorial Hospital, but succumbed to their injuries later.The victims included a 29-year-old man and a 42-year-old man. According to the Fulton County Medical Examiner’s Office, the 2 men died from injuries they sustained in the fall.

The Occupational Safety and Health Administration has begun an investigation into the accident.The lift was at a height of 40 feet, but the 2 men were not crushed by the machinery when they fell.

Published on: January 26, 2012

Atlanta Roofing Contractor Cited for Fall Hazards — Workers’ Comp Claims Likely

by Robert N. Katz, Esq.

A roofing company in Atlanta has been cited for failure to protect workers from fall hazards after an inspection by the Occupational Safety and Health Administration.One of the significant causes of workers’ compensation claims are fall hazards. Workers’ comp attorneys regularly see claims involving significant personal injury arising out of fall incidents. The inspection and action by OSHA will likely prevent serious injuries to the workers on this job site. The company, Midsouth Steel Inc. of Atlanta is likely to face penalties of more than $184,000.

Occupational Safety and Health Administration inspectors found fall hazards during inspection of roofing work being performed at a site on Roosevelt Highway in Union City.The company had been constructing a recycling facility in Union City.According to the Occupational Safety and Health Administration, the inspection was part of a local program to protect workers in the construction industry from fall accidents.

Inspectors found at least three willful violations, including exposure of the workers to fall hazards by allowing them to work at heights of 35 feet without requiring any fall protection, exceeding the load capacity of the aerial lift, and failure to provide for protection for all employees working on a steep roof.

Published on: January 24, 2012

Distracted Medical Professionals Are a Patient Safety Risk and result in Medical Malpractice Claims

by Robert N. Katz, Esq.

Doctors and nurses now have access to smart phones and other gadgets that help them in their work.Doctors can refer to smart phones to easily access the Internet, or access patient data.However, the increasing use of electronic communication devices in hospitals has also meant an increasing number of distractions that could possibly harm patients. A significant number of medical malpractice claims arise out of a failure of medical professionals to closely monitor a patient’s condition. All medical malpractice attorneys have seen incidents in which a doctor who is very competent misses a change in a patient’s condition that, while easily addressed if caught early, results in catastrophic problems when left unchecked. It appears clear now that some of the incidents are likely the result of distractions caused by electronic devices.

According to this report, the risk of distractions from the use of electronic gadgets is so great that many hospitals have begun to limit their use altogether.Medical schools have also begun teaching students to focus on caring for patients, instead of relying on devices.However, the fact is that more and more medical students now are armed with devices that equip them with information that can increase patient safety.These measures have come after a number of incidents reported from around the country in which doctors, nurses, technicians and other personnel were found to be distracted using their devices for personal uses.

In one incident, a nurse was found researching airline fares during a spinal surgery procedure.Doctors have also been found using their cell phones to have personal conversations while performing procedures.Needless to say, none of this enhances patient safety, and actually increases the risks of medical errors.The Institute of Medicine in its path breaking report To Err Is Human in 1999, found that more than 90,000 patients die every year as a result of medical errors.Hospitals have been investing in reducing medical errors, and unfortunately, electronic gadgets seem to increase those risks.

Published on: January 17, 2012

Even As Car Accident Wrongful Deaths Drop, Increase in Pedestrian Wrongful Deaths

by Robert N. Katz, Esq.

In 2010, there was a record drop in auto accident deaths from the previous year.However, the number of people dying in pedestrian accidents actually increased.

Last year, 32,885 people died in auto accidents across the United States.That was a drop of 2.9% from 2009.These were the lowest traffic accident death numbers on record since 1949.These accident fatality numbers have declined even as the number of miles being driven by American motorists increased in 2010.In fact, there was a drop in almost all categories of car accident deaths last year, including drunk driving accidents.

However, pedestrians were not safer in 2010.Pedestrian accident deaths actually increased last year by about 4.2% from 2009.Further, the number of persons who suffered a personal injury in pedestrian accidents in the United States increased by a staggering 19 %.Overall, more than 70,000 pedestrians were injured in accidents last year.That increase is puzzling considering that it comes after 4 straight years of declining pedestrian accident death numbers in the US.

Published on: January 16, 2012

Winter Car Accident Risks Affect Male and Female Drivers Differently

by Robert N. Katz, Esq.

Every Atlanta car accident lawyer knows that a motorist’s risk of being involved in auto accidents spikes in winter driving conditions.However, a new study finds that those risks affect male and female drivers differently.The study by researchers at Purdue University finds that men are much more likely to be involved in accidents in icy or snowy weather conditions.

The study finds that men over the age of 45 are much more likely to be involved in an accident when the road is covered with ice or snow.Further, those accident risks involving men seem to increase when the men are older and are driving pickup trucks.According to the researchers, this could be due to a false sense of security that pickup trucks provide.People driving pickup trucks, sport utility vehicles or other larger vehicles are likely to feel safer and protected, and therefore, may be more likely to drive aggressively on snowy roads.They may not realize that a larger size vehicle does not necessary protect you more on icy roads when a vehicle is at a high risk of a rollover.

The study also finds that men below the age of 45 are more likely to be involved in serious accidents on dry roads.That would again be an indicator of overconfidence in young men.Female drivers were found to be much more likely to be involved in accidents on rain-covered roads.This susceptibility to accidents on roads made wet by rain affected female motorists of all age groups.According to the researchers, this could be because female drivers fail to sense lower friction on a wet road.Younger men had a 21% higher risk of being involved in a serious accident on a dry road than on a wet road.These men were 72% more likely to be involved in an accident on dry roads than on snowy roads.

Published on: January 15, 2012

Police Looking for Truck Driver Involved in Multivehicle DeKalb Truck Accident

by Robert N. Katz, Esq.

Police in DeKalb County are looking for the driver of a tractor-trailer believed to have triggered a multivehicle truck accident on interstate-285 that left two people dead.

The truck accident occurred on Tuesday when the tractor-trailer apparently hit a Ford Focus, which triggered off a multivehicle crash.The driver of the Focus crashed into a Toyota Camry.The tractor-trailer driver fled the scene of the accident. As a personal injury lawyer, I see far too many hit and run accidents. It is especially shocking that a truck driver who possesses a commercial driver’s license would flee an accident scene.

When the drivers of the Focus and the Toyota Camry got out of the car to check on the damage, they were both struck by an oncoming car.Both drivers sustained fatal injuries, and were declared dead at the scene.The driver of the last vehicle sustained injuries, and was rushed to the hospital.The wrongful death and personal injury suffered by these drivers was tragic and clearly preventable. Had the truck driver stopped his vehicle and immediately placed warning flares out, the other drivers may very well have not been killed on the interstate.

Published on: January 13, 2012

Columbus Toddler Recovering after Dog Bite Attack

by Robert N. Katz, Esq.

A two-year-old girl in Columbus is recovering after a ferocious dog bite involving a Rottweiler. Unfortunately, dog bite attacks are all too common today. As a personal injury attorney who has regularly handled dog bite cases, I know that these animal attacks often result in serious and permanent personal injury to the victims. There have been a number of dog bite incidents which have resulted in the wrongful death of the individual.

The attack occurred on Friday afternoon, when the toddler was walking home with her grandmother.She saw the dog behind a fence, and wanted to play with it.By the time the grandmother could reach the little girl, she had already opened the door, and was playing with the dog.The animal attacked her, leaving her with several bite wounds and ripping off part of her scalp.

The toddler had to be rushed to the hospital, where doctors worked to reattach her scalp.She needed several skin grafts.She’s also expected to require more surgery to sew more skin back on.Police don’t expect to file any charges at this point.The dog has been taken into animal control’s custody.

Published on: January 11, 2012

Honda Recalls Motorcycles Due to Braking Problem – High risk of Motorcycle Accident

by Robert N. Katz, Esq.

Honda has announced a recall of more than 100,000 motorcycles because of a potential braking problem.As personal injury lawyers know well, braking problems with motorcycles significantly increases the risk of a motorcycle accident and serious personal injury. The National Highway Traffic Safety Administration which announced the recall, says that the recall covers the 2001-10 and 2012 GL1800 models of touring motorcycles marketed as GoldWings.

According to Honda, the problem lies with a potential rear brake issue – the rear brake may be at least partially applied even after it has been released.If the motorcyclist continues riding with a partially engaged brake, it may generate enough heat to cause a fire in the rear brakes.Also, when a motorcyclist rides with an engaged brake, it could increase the risks of an accident.

Honda informed the National Highway Traffic Safety Administration that it learned about the potential problem in July 2010.A Honda motorcycle user had just finished riding his motorcycle, when there was a small explosion a few minutes after he finished riding.He saw flames emerging from the rear brake area.There were no injuries in that incident, and the motorcyclist was able to use an extinguisher to put out the flames.

Published on: January 9, 2012

Georgia Troopers’ Annual Click It or Ticket Campaign to Minimize Car Accident Injuries

by Robert N. Katz, Esq.

Georgia State Troopers have kicked off their annual seatbelt enforcement campaign during the holiday season, aimed at making sure that motorists and children are safely restrained in their vehicles to prevent a personal injury in auto accidents.The campaign coincided with the start of the year’s biggest and most accident-prone holiday season.

One of the most frequent questions asked of personal injury lawyers is whether there is an increase in car accidents at any particular time of year. Well, the calls for help to attorneys certainly increase at holiday time. Over the holidays, more Americans travel than at any other time of the year.Largenumbers of motorists drove across Georgia to spend Thanksgiving with their families.Over the following few weeks, holiday traffic increased as people rush to stores to buy gifts, leading to a culmination of holiday travel plans between Christmas and New Years’.

Not only were there more motorists on the roads over the holiday season than during any other time, but many of them were in less than perfect condition for driving.The numbers of intoxicated motorists spikes around Christmas, reaching a peak during New Year’s.Additionally, most holiday drivers are less patient, and in a hurry.Besides, holiday shoppers are less focused on safety, and more focused on finding a parking spot.All of these factors severely increase the risk of car accidents.