Georgia Injury Law Blog

Published on: March 5, 2010

Auto Defect Blamed In Fayette County Child’s Death

Auto Defect Blamed in Fayette County Child’s Death

It’s too soon to tell for sure, but investigators seem to believe that a mechanical defect was to blame for the tragic death of a 6-year-old child in Fayette County last week. The accident occurred when the Chrysler Sebring 1999 which was apparently in park mode, began rolling down the driveway, and struck the boy. He died instantly.The Fayette County sheriff’s office is blaming a defective ignition park interlock device for the accident.

Auto defects have been heavily in the news over the past couple of months. Aconspiracy of silence is currently unraveling at Toyota. Auto defects are being blamed for uncontrolled acceleration in several Toyota vehicles. The National Highway Traffic Safety Administration has already confirmed 34 reports of deaths or severe injuries as a result of accidents caused by the acceleration.

Published on: March 4, 2010

Kille Whale in SeaWorld Attack Killed Before

by Robert N. Katz, Esq.

Wildlife lovers have been citing last week’s fatal orca attack at SeaWorld in Orlando as a prime example of the fact that wild animals deserve to be free, and not forced to be performing monkeys. However, as Atlanta injury lawyers who represent victims of dog bites, we have been more concerned about the fact that the killer whale in the attack here had been cited in at least two previous deaths

If you’ve missed the story, here’s the background.Tilikum, a killer whale at Orlando’s SeaWorld, dragged its trainer Dawn Brancheau into the water, killing her. The 40- year-old trainer was rubbing the whale down after the show when it apparently grabbed her in its mouth, and thrashed her from side to side. Brancheau was dead before anyone else could get into the water. It’s not clear if she drowned or died from the thrashing.

Tilikum had been involved in at least two previous deaths at water parks.The first death occurred at a facility in British Columbia, when a trainer fell into the tank and was attacked by three whales, including Tilikum.The other tragedy involved a man who was found dead and draped around the whale’s back in the tank.He had either sneaked into the tank or fallen in.

Published on: March 3, 2010

Trial Lawyers Keep Consumers Safe

by Robert N. Katz, Esq.

The Wall Street Journal has published an opinion piece by a trial lawyer making the case for product liability trial attorneys who help keep manufacturers of defective products on their toes.

In the wake of the Toyota scandal, this much is clear. American consumers can expect little protection from agencies charged with the responsibility of keeping them safe. These agencies including the National Highway Traffic Safety Administration, the Consumer Product Safety Commission and the Food And Drug Administration are supposed to monitor defective products, and pressure companies to pull them off the market as soon as manufacturers become aware of such defects.

All that is in theory. In reality, these agencies battle a wide range of problems that include funding shortages, staffing crunches, agency infighting and disagreement, allegations of corruption, conflict of interest and other symptoms of malaise that limit their abilities to protect the American consumer.

Published on: February 25, 2010

Elderly Woman Escapes Injuries in Dog Attack in Marietta

by Robert N. Katz, Esq.

Elderly Woman Escapes Injuries in Dog Attack in Marietta

An elderly woman, who was chased by a pair of pit bulls as she walked her dog outside her Marietta apartment building, was lucky enough to escape without any serious bites. The dogs are currently in the possession of Cobb County animal control officers.

According to the Atlanta Journal Constitution, the woman was walking her dog in the breezeway of her apartment complex when the two dogs began to chase her Jack Russell terrier. The woman tried to fight off the two dogs and in the process, sustained injuries to her nose and hands. The owner of the two dogs has handed them over to Cobb County animal control officers, and they are being tested for rabies. The owner will likely be cited for failure to control his animals, having a vicious animal and for failure to have current rabies vaccination.

Published on: February 24, 2010

Atlanta Researchers to Study Brain Injury Treatment

by Robert N. Katz, Esq.

Atlanta Researchers to Test Effects of Progesterone Hormone in Brain Injury Treatment

As car accident lawyers in Atlanta, we often come across patients with serious brain injuries after an automobile or motorcycle accident. These injuries are some of the most severe a person can suffer, and also some of the most difficult to treat. In fact, there has been no significant progress in the treatment of brain injury for many years now.

That may be about to change, and in our very own Atlanta at that. Researchers at Emory Hospital will soon begin clinical trials into the effects of a female sex hormone that could limit the effects of a brain injury.Progesterone is a hormone that helps support pregnancy. Researchers believe that this hormone if injected soon after a brain injury could help limit the extent of the injury and prevent disability or death. This new trial will be lead by Doctor David Wright at Atlanta’s Emory hospital. According to Dr. Wright, Traumatic Brain Injury involves swelling, inflammation and destruction of neuron cells, and progesterone seems to have beneficial effects on all of these.

Published on: February 19, 2010

DOT Proposes New Rules for Drug Testing

by Robert N. Katz, Esq.

Atlanta accident lawyers will be pleased to know that the Department of Transportation has posted a Notice of Proposed Rule Making, which deals with stricter testing for drug use.

The NPRM proposes a number of measures that are designed to prevent commercial motor vehicle drivers abusing drugs from slipping through the cracks.The NPRM proposes initial testing for 6-acetylmorphines, and lowering the cut off for cocaine and amphetamines. The idea is to align testing standards with the testing standards of Health and Human services. According to the HHS, such testing would help identify approximately 10% of drug users in the commercial driver population, who currently remain unidentified.

Truck drivers are at a higher risk of amphetamine abuse. These drugs are used to induce alertness, helping truckers stay awake for longer periods of time. Use of stimulants like methamphetamines can have serious side effects. The person may begin to feel extremely drowsy as the drug’s effects begin to wear off, with serious consequences. Employers can now identify drivers who had been using these drugs, but had remained unidentified because of the higher cut off points.

Published on: February 19, 2010

Runaway Zebra on Atlanta Highway Brought Under Control

by Robert N. Katz, Esq.

Runaway Zebra on Atlanta Highway Brought Under Control

Altantans and Atlanta car accident lawyers navigating the city’s congested streets know it’s a jungle out there, and yesterday, it literally was.A zebra that had wandered off from the Ringling Brothers and Barnum and Bailey circus enclosure had motorists and onlookers entranced, as it galloped through the roads, with police cars in hot pursuit.

The zebra had wandered off from the enclosure at around 4.30 pm yesterday evening. According to the circus, the trainers were training the zebra when it suddenly got excited, and wiggled though an opening in the fence.The zebra managed to gallop through downtown Atlanta, crossing busy streets – and giving the term “zebra crossing” a new meaning – before ended up on the highways.Several police cars and motorcycles were in pursuit.

Published on: February 18, 2010

When did Toyota First Find Out About Acceleration Problem?

by Robert N. Katz, Esq.

The NHTSA has said that it will begin examining documents to see when the Toyota first found about the safety problem that has seriously eroded its credibility, damaged its reputation and has had product liability lawyers in Atlanta and around the country, criticizing the manner in which the automaker has handled the issue.If the new NHTSA probe does indeed reveal that Toyota was aware of auto defects contributing to unintended acceleration in its vehicles much before it announced a recall, then the company will be in more trouble than previously thought.

The agency will also look at how quickly Toyota acted to begin a recall after it found out about the problem.If the NHTSA finds that the company delayed informing federal regulators or failed to initiate an immediate recall, it could be fined penalties of up to $16.4 million. The NHTSA requires that any automaker that finds defects in its vehicles reports these to federal regulators within 5 days of finding a defect. The company must also act quickly to initiate a recall.

Toyota already had its credibility tarnished last year when one of its former lawyers alleged that the company concealed important documents during several of its product liability lawsuit proceedings.While those revelations had shocked Atlanta car accident lawyers then, they have taken on a new meaning in the light of the new unintended acceleration episodes that have emerged. If the NHTSA probe shows that the company delayed a recall, it will boost the credibility of the lawsuits that are beginning to stack up. It will also stress what trial lawyers in Atlanta have maintained all long – that in the face of the failure of the NHTSA, it falls on us to hold Toyota responsible for its failings.

Published on: February 17, 2010

Police Believe Drunk Driving Cause of DeKalb County Accident

by Robert N. Katz, Esq.

Police Believe Drunk Driving Was Cause of DeKalb County Accident

Police believe drunk driving was a possible factor in a serious multiple vehicle accident on I-85 over the weekend. The accident, which injured 9 people, involved a wrong way driver.

According to police, a Chevy Blazer was traveling southbound in the northbound HOV lane. At about 3 am, the Blazer crashed into a Ford Explorer and a Buick. Four cars were involved in the accident, and 9 people were injured, including the driver who was driving the wrong way. He continues to remain in the hospital, along with three of the injured victims.

Published on: February 15, 2010

Killer Roads Report: Georgia Highways Dangerous

by Robert N. Katz, Esq.

Killer Roads Report: Georgia Highways More Dangerous Because of Negligent Motorists

A report based on auto accident statistics by the Department of Transportation between 1994 and 2008 lists the most dangerous roads in the country by the number of fatalities that have occurred here. The top 20 is made up in a large part by cities in heavily populated states, like Texas and California.

According to the data, 23,640 people died on Georgia highways in auto accidents between 1994 and 2008.