Georgia Injury Lawyer Blog

Georgia injury lawyers that handle automobile accident and trucking accident cases know that a rear-end collision is no laughing matter. Although the term “whiplash” immediately evokes a negative reaction, it is a serious, painful and many times a permanent injury. Unfortunately, a rear-end crash can, and often does, result in disc herniation and other spinal injuries. In some cases such a collision can result in a brain injury if the head strikes a solid object such as a rear window in a pickup truck.

The experts will tell you that a rear-end crash can cause the occupants in the vehicle that is struck to propel their heads forward at a speed that is 10 times or greater than the force of gravity. Rear-end crashes can cause back injuries, neck injuries, shoulder injuries, whiplash, cervical spine injuries, disk injuries, nerve injuries, joint injuries, ligament injuries, and other serious injuries. Anyone who has had one of the injuries, knows that they are very painful and debilitating. A rear-end car crash victim may have to undergo surgery, take pain medication, and spend months in physical therapy.

If you or a loved one have been injured as a result of being rear-ended in a motor vehicle collision, call the Georgia injury lawyers at Finch McCranie, LLP who have been represent victims of these crashes for over 45 years.

Georgia injury lawyers know that when there is a motorcycle accident, the injuries are usually serious. Motorcycles are by their very nature far less crash worthy than closed vehicles and crashes frequently result in catastrophic injuries or death. In 2000, I spent two weeks in the trauma unit of the Orlando Regional Hospital (a fantastic hospital) where my daughter was a patient. Throughout the day and night, helicopters landed on the roof with critically injured motorist, most of which were involved in motorcycle crashes. Sadly, many died as a result of brain injuries and other serious injuries.

Recently, I went to the Georgia DOT website to locate some recent statistics on motorcycle crashes. For reasons unknown to me, the latest posted data was from 2003. According to their study:

. There were 2,851 total motorcycle crashes, 2123 involving injury crashes, and 101 fatal crashes.
. Motorcycle crashes accounted for 7% of traffic fatalities, but only about 1% of the crashes.
. Of all motorcycle riders in crashes, 56% had at least visible or more severe injuries compared to only 4% of passenger cars occupants involved in a crash.
. Males represented 87% of the injuries and fatalities in motorcycle crashes.
. Motorcycles made up 2% of all registered vehicles.
. Half of the motorcycle operators (50%) involved in fatal crashes did not have a valid Class M license or permit.
.
Because of the seriousness of the injuries sustained in motorcycle accidents and because many of the motorist who cause these accident are under-insured, Georgia injury lawyers need to be creative when representing riders. It is imperative that the victim’s attorney examine all potential avenues of recovery so that the client can be fully compensated. Other areas to review include failure of the motorcycle’s mechanical systems, failure of other motorcyclists to observe the motorcyclist, failure maintain the roadway and debris on the roadway from trucks, including tire tread separation.

If you or a loved one have been injured in an automobile accident, truck accident or motorcycle accident, consult the Georgia injury lawyers at Finch McCranie, LLP. Our firm has been representing personal injury victims for over 45 years.

As Georgia injury lawyers know, motorcycle accidents often result in serious injuries, which include brain injury and unfortunately sometimes death. Just yesterday, a teenager between the ages of 16 and 17 years old was injured in a motorcycle accident at Highland Park, a 1000 acre motorcycle and all-terrain vehicle (ATV) park in Cedartown, Georgia. Details of the accident are not know at present; however, officials have indicated that the victim has suffered head iinjuries. Redmond EMS requested Cedartown Rescue to assist.

If you or a loved one has been injured in a motorcycle accident, call the Georgia injury lawyers at Finch McCranie, LLP at (800) 228-9159. Our lawyers have been protecting the rights of Georgia injury victims for over 45 years.

As Georgia injury lawyers we have represented many pedestrians who have been struck and seriously injured in automobiles accidents. Just this year we represented a young mother who was crossing a roadway with her two young children when they were struck by a motorist who admitted that she never saw them prior to impact. Unfortunately one of the children died and she sustained serious injuries.

Today it was reported that a car hit an 18-year old pregnant girl and her 4-year old brother as they crossed Roswell Rd. in Atlanta. Unfortunately the child suffered serious head injuries. Allegedly they were not in a crosswalk but were in the turn lane when they were struck by the car. Georgia law makes it difficult to recover damages for your injuries if you are hit by an automobile and you are not in a crosswalk; however, a motorist still has a duty to maintain a proper lookout and see what can plainly be seen but someone exercising ordinary care. You cannot just run over pedestrians who are in the roadway if you could have and should have discovered their presence and taken evasive action. In any pedestrian case, it is crucial that a thorough investigation be done immediately to document the weather and lighting conditions existing at the time of the accident.

The Georgia injury lawyers at Finch McCranie, LLP have over 40 years experience representing victims of automobile accidents in serious injury or wrongful death claims. If you have been injured or lost a loved one due to an automobile accident, call us to learn about your rights.

A couple of years ago the Georgia Injury Lawyers at Finch McCranie LLP, represented the family of a young boy who fell from a civic center stage to the concrete floor below. Within moments the boy had slipped into a coma. With limited resources, the parents cared for their son in the living room of their home, 24-hours a day. As time went one and the boy ended up back in the hospital, officials there put more and more pressure upon the parents to remove the boy from life support. The parents refused to do so and the young boy eventually died as a result of his brain injury.

The facts of every case are certainly different; however, recent news out of Brussels, Belgium give one pause when it comes to making such a decision now. Recently made public in various newspapers and on internet sites throughout the world is the story of Rom Houben, a 46-year old man who was involved in an automobile accident 26 years ago. Up until 3 years ago, this man was thought to be in a vegetative state, but thanks to new brain scanning technology, they discovered that not only was his brain functioning properly but it was almost operating normally. Doctors used a state-of-the-art scanning system which demonstrated the almost normal brain functioning. Houben said that even though his body was paralyzed and he was unable to communicate, he heard every word that was said in his presence. Dr. Steven Laureys, a neurologist at the University of Liege in Belgium has published a new study that states Mr. Houben could be one of many misdiagnosed coma cases in the world. With this new information, the decision to discontinue life support of an accident victim in a coma would be exceedingly difficult for a family.

As Congress debates providing and paying for health care, another huge "cost" must not be forgotten: the cost of medical errors and medical negligence.

According to conservative estimates, 98,000 Americans annually die because of preventable medical negligence. Many more suffer life-changing injuries.

A terrific website, 98,000 Reasons, describes many of these stories of preventable injuries and deaths. Please visit it, as reducing medical errors saves innocent lives, and reduces costs of health care.

Our Atlanta attorneys frequently review cases involving recreational off-road vehicles which involve death and serious injury. The Consumer Product Safety Commission staff has recommended that the agency set mandatory rules to regulate recreational off-road vehicles.
The CPSC's five commissioners received the written recommendation this week, and must propose a rulemaking before any rules could be implemented. An agency spokesman said the commissioners could vote on whether to proceed with the rulemaking as early as Wednesday of this week.

The off-road vehicles, also known as ROVs, generally have four or more low-pressure tires, seat one or more persons, and are intended mainly for recreational use. ROVs have surged in popularity with more than 416,000 in use at the end of 2008 compared with less than 45,000 in 2003. According to the CPSC 181 accidents occurred between 2003 and August of this year, resulting in 152 injuries and 116 deaths.

ROVs aren't subject to the safety standards for longer-established ATVs, or all-terrain vehicles, because of certain design differences. Voluntary safety standards for ATVs became mandatory this year, after a federal product-safety law mandated them.

Many products are governed by voluntary standards set by industry experts. The CPSC sets mandatory standards for products that potentially pose the biggest safety hazards to consumers.

Some consumer-safety advocates blame the ROV accidents on lax regulation by government, claiming it has allowed young people to ride vehicles that are too large and too fast for their safety. Some riders have also alleged poor design, which they say allows certain vehicles to roll over easily.

In April, Yamaha Motor agreed to suspend sales of its Rhino 450, 660 and 700 recreational off-road vehicles, and to offer free modifications to Rhinos already in service, to make them less prone to rollover accidents.

The move followed a CPSC investigation of more than 50 incidents involving Rhino 450 and 660 models that had resulted in 46 driver and passenger deaths. More than two-thirds of the cases involved rollovers, many with unbelted occupants.

This week the City of Atlanta is hosting the National Biker Roundup for motorcycle enthusiasts. Unfortunately, on the second day of the event, one motorcyclist has been killed and five others injured. One remains in critical condition. The motorcycle accident occurred on August 5th involving 2 SUV’s, 2 18-wheelers and the 3 motorcycles. All total nine people were injured in this tragic collision. Whether there is a wrongful death case due to the negligence of one of the truckers or others is presently unknown. The news accounts are sketchy but all too often, when motorcycle riders are killed, wrongful death claims are oftentimes present. Approximately 40,000 motorcycle riders are expected to attend the week long event here in Atlanta which began on August 4th and concludes on August 9th. Because the City of Atlanta has terrible traffic and many 18-wheelers on the highways coming into and out of Atlanta, safety is paramount for all motorcycle riders and other motorists on the road. Regrettably, the Georgia injury lawyers at Finch McCranie, LLP have handled many motorcycle accidents over the years involving wrongful death and serious injuries. We can only hope that there will be no further tragedies during this otherwise fantastic event for motorcycle enthusiasts. Be careful if you are out there. Have fun – but be safe!

As a Georgia injury lawyer who drives into Atlanta every morning, I see numerous people everyday on the highway who are either talking away on a cell phone or, worse yet, texting on some handheld device. Many of the ones on a cellphone can barely turn their head enough to make sure that there is nothing in the lane next to them before changing lanes. I have personally witnessed many “near-misses” from people who are hunting for keys on a texting device rather than looking where they are going. Unfortunately some of these people are tractor trailer and commercial truck drivers. Although it is not yet against the law to drive with these devices, it is negligent to do so and if you cause an automobile accident or a tractor trailer truck accident while using such a device, you may pay for it. Your cellphone records can be subpoenaed from your carrier to determine when you were utilizing the device and to whom you were communicating. Many automobile accidents leave victims with serious, life-altering injuries, including brain injuries. Sadly many negligent drivers who are pre-occupied with cellphone conversations and texting cause the wrongful death of innocent victims.

The New York Times published an article last week about this issue. They reported that in 2003 researchers at a federal agency proposed a long-term study of 10,000 drivers to assess the safety risk posed by cellphone use behind the wheel. Unfortunately the study or data from the study was never made public because the researcher’s agency, the National Highway Traffic Safety Administration apparently didn’t want to anger Congress.

If you or a loved one have been injured as a result of an automobile accident or tractor trailer truck accident, call the Georgia injury lawyers of Finch McCranie, LLP at (800) 228-9159. We have been standing up for the rights of injured people for over forty years.

Georgia injury lawyers know that many times automobile accidents and tractor trailer truck accidents result from defects in either the design of a roadway or the existing dangerous condition of a roadway. This is particularly true if the roadway is under construction. Last week in Georgia, it was reported that a woman driving southbound on Interstate I-85 near Newnan, Georgia got a wheel off the edge of the pavement resulting in her losing control of her vehicle, crossing the highway median and hitting a tractor-trailer rig head-on. Sadly, the accident resulted in the woman’s death. Depending on the facts, the Georgia Dept of Transportation can be held liable for highway defects which cause injury of death.

The LA Times recently reported that a jury has ruled that the California Department of Transportation was partially negligent in a crash that killed two teenagers. According to the lawsuit, the agency knew that the rolling mountain road was unsafe prior to the accident. The jury agreed and awarded $6.3 million in damages to the families of those killed and a survivor injured in the accident.

The Georgia Injury Lawyers at Finch McCranie, LLP have over 40 years of experience pursuing wrongful death lawsuits, some of which have involved highway and road defects. If you have lost a loved one and feel you have a wrongful death claim, call our experienced attorneys at 1-800-228-9159 for a free consultation.

The Georgia injury lawyers at Finch McCranie, LLP have written before about the potential liability one may have for ATV accidents, especially if it involves riding passengers. Not only does the owner of the ATV risk being sued for injuries or death caused by their use of the ATV, but they may also find that there is no liability coverage available to them when they are sued. Last week, the Georgia Court of Appeals affirmed the grant of summary judgment to Allstate Insurance Company in its suit seeking a declaration from the Court that it had no duty to provide coverage, a defense or indemnification arising out of an accident, in which a young girl was thrown off the back of an ATV whose owners had a homeowners policy through Allstate. The court held that the accident in question fell under the policy’s exclusion for bodily injury arising our of the ownership or use of a motor vehicle, which is designated principally for recreational use off public roads when an insured person owns that vehicle and it is being used away from an insured premises. The accident here occurred at a field located approximately 15 miles from the insured’s home. Accordingly, although from a liability standpoint, there may be a number of viable claims that can be made against the owners of ATVs for their negligent operation of the ATV, there is often no insurance coverage available to compensate injured victims. If you or a loved one have been injured as a result of an ATV accident consult the Georgia injury lawyers at Finch McCranie, LLP.

Over the years, our lawyers have handled many different cases involving serious injuries to children. These injuries arise in a myriad of contexts and are oftentimes heartbreaking. Over the years, we have had serious burn injury cases, dog bite cases,unsafe premises, sexual abuse cases, car accidents, medical malpractice cases, drowning accidents, playground injuries,unsafe consumer products, school injuries and the like, all involving young children. Some of these cases have resulted in wrongful deaths, comas, paralysis, burns and amputations. Presently, we are handling injuries to children involving negligence by daycare providers and owners of dogs who have allowed them to wander free of restraint and attack innocent children. Depending upon the severity of injuries sustained, these cases can affect the injured child permanently and the emotional, physical and psychic trauma can require very close attention to the needs of the young child. There may be permanent scarring involved; there may be the need for future treatment or medical surgery and there may be a diminution in the individual’s ability to earn and labor in the future and support themselves. While every case is unique, representing an injured child in a serious injury case is an undertaking that requires care and attention and an analysis of whether the injuries sustained will affect the child for the balance of their life. If so, obviously, greater attention to detail is needed than would otherwise be the case.

All cases involving children which result in a settlement or verdict have to be reviewed by the Probate Court system here in Georgia. The money from a settlement belongs to the child, not to the parents. While the parents are entitled to be reimbursed for any medical and out of pocket expenses that they incur, any other portion of the settlement must be placed in an interest bearing account set up for the lifetime benefit of the child. Such a fund must be held in trust until the child turns 18 but can be used for educational, medical or other needs of the child before they turn 18, however, such use is subject to Probate Court approval and supervision. Many Probate Courts take the position that the parents have to provide for the child until they reach the age of majority and therefore many courts will not allow parents to encroach upon any settlement funds as a way of discharging their own responsibilities. However, in certain cases, where the needs of the child are great, funds set aside for medical treatment and educational needs can be used, again subject to Probate Court supervision and approval.

When a child playing in the street darts in front of a car chasing a ball, and is seriously injured, the question arises, of course, whether there is any negligence claim at all against a third party. Many times children are killed or injured because of a lack of proper supervision by their parents and/or because of the child’s own negligence. Oftentimes, however, serious injuries to children occur which are entirely preventable and are caused by the negligence of third parties. We see this in the context of dog bite cases, automobile wrecks, daycare injuries, drowning accidents and the otherother similar cases referenced. Regardless of the circumstances involved which lead to the injury, care must be taken to make sure that the child that is properly represented and that the child’s needs are met. Our experienced serious injury lawyers share the common goal of properly representing injured children and assisting their families in obtaining the justice and compensation they require. If your child has been injured as a result of preventable accident caused by the negligence of a third party, call us today at 1-800-228-9159.

When I was in high school, I was hired as a forklift driver at a textile plant. I was given no training whatsoever, had never operated a forklift and within hours was lifting huge pallets of heavy materials high into the air for placement on warehouse shelving. Fortunately, I did not injury anyone or kill myself, but I easily could have. Indeed, that same summer a high school friend of mine lost his life when he accidently drove a forklift backwards off of a loading ramp, killing himself in the process.

Just a month or two ago, here in Atlanta, I read about a news story where one employee at a car dealership was training another employee on how to drive a forklift when the co-worker overran the employee killing him. Here at Finch McCranie, we have represented individuals who were involved in industrial accidents where they were struck by forklifts inside of manufacturing facilities. These cases typically result in very serious personal injuries involving amputations, paralysis or death. Incredibility, my experience in high school is repeated over and over again as oftentimes the operator of these forklifts has been provided little or no training. Today, this is a violation of OSHA regulations. It was not in the 70's and 80's.

Forklifts are very heavy and very dangerous industrial vehicles involved every year in a large number of deaths and serious injuries in the workplace. Many of the injuries and fatalities committed while these vehicles are being operated could have been prevented if the operators had been properly trained and/or had properly protected themselves. Oftentimes, the operators of these vehicles are not wearing seatbelts and/or seatbelts are not even provided for their use. If such a vehicle overturns, because of its weight, the operator can be crushed.

Because many of these industrial accidents are preventable, proper training standards should include specified training, seatbelts, overhead protective devices, alarms and proper maintenance of these forklift trucks. If these dangerous vehicles are not properly maintained and/or the operator is not properly trained, serious accidents are foreseeable.

One reason the public may not be as aware of these types of accidents is because they are typically covered by workers’ compensation where lawsuits are not involved. If one employee injuries a co-employee, the claim is covered by workers’ compensation laws not by liability statutes. However, our firm has been involved in cases where a forklift driver injured a third party, not a co-employee, such as a truck driver or another person present on a plant’s premises when the forklift was being operated. In such cases, litigation oftentimes ensues, again, because the injuries are very serious and the victim typically is permanently disabled and unable to work again. Lawsuits can be a determent to other claims but this provides little comfort for the victim, as we have seen in the past.

If one goes on any search engine one will find the term “forklift accidents” to be somewhat ubiquitous. This is proof in and of itself that these heavy industrial machines are capable of inflicting serious injury and wrongful death if not properly operated. Regrettably, based on the number of these industrial accidents each year, we anticipate that third parties will continue to be injured by these dangerous instrumentalities at an ever increasing pace until and unless there is a greater state or federal penalty for failing to properly train the operators of these machines. OSHA penalties are typically small. Therefore, the biggest financial penalty that can be imposed as a determent may be a lawsuit and jury verdict.

As a Georgia injury lawyer, I read almost everyday about a death or serious personal injuries sustained as a result of an All Terrain Vehicle ATV accident. With the increasing popularity of ATVs it is inevitable that there will be more accidents and injuries; however, most are preventable. Without exception, most ATV accidents can be traced back to a rider who broke at least one of the ATV Safety Institute’s Golden Rules. Whether you’re riding in a public park or on private land, keep these eight guidelines in mind:

Always wear a helmet and other protective gear.

Never ride on public roads — another vehicle could hit you.

Never ride under the influence of alcohol or other drugs.

Never carry a passenger on a single-rider ATV.

Ride an ATV that’s right for your age.

Supervise riders younger than 16; ATVs are not toys or baby-sitters.

Ride only on designated trails and at a safe speed.

Take an ATV RiderCourse; visit www.atvsafety.org or call (800) 887-2887.

In my experience, one of the most violated guidelines involves riding passengers. Over and over I read about children riding other children on the back of a single rider ATV. This is extremely dangerous and it is a parent’s responsibility to make sure that it does not occur. A parent who provides an ATV to a child and fails to supervise the child’s operation of it can be held liable in damages for the death of another person who is injured or killed in an accident. If you or a loved one have been seriously injured by someone negligently operating an ATV, call one of the Georgia injury lawyers at Finch McCranie, LLP for a free consultation.

Georgia injury lawyers, handling a claim for a catastrophically injured employee or the family of a deceased employee, our investigation will often reveal that the employee received injuries while working on or around a piece of machinery that caused the death, some traumatic amputation or other trauma to the employee. In such a case, the attorney must consider potential product liability claims, such as defective design, manufacture, assembly, testing or failure to warn or misrepresentation. The Supreme Court of Georgia has outlined the test for whether a product is defective in terms of risk-utility analysis. There are three (3) principal basis of recovery in product liability actions: Negligence; Breach of Warranty; and Strict Liability.

Like any other claim, actions for damages based on product liability are governed by statutes of limitations. For personal injury actions based on negligence or strict liability related to product liability, a two year statute of limitations applies. However, there is an additional limitation that an attorney representing an employee injured by a product of any kind must consider as soon as he is retained. This is the statute of repose and it functions in addition to the statute of limitations. This statute of repose is a complete band to strict liability and negligence actions filed more than ten (10) years after the date of the first sale or use or consumption of the products, regardless of when the injury occurred. Thus, an injured employee’s time to file a case could be much less than two years. The statute of repose does not apply to claims based on failure of the manufacturer to warn of product related damage.

If you or a loved one has been seriously injured on-the-job, call the Georgia workers compensation lawyers at Finch McCranie, LLP for a free consultation.

Georgia and South Carolina injury lawyers are seeing ATV accidents involving serious injury and sometimes death are on the rise with the return of warm weather. Tragically many, if not most are preventable by using common sense and obeying ATV rules. Just this week, I read about a Summerville, South Carolina teenager who is fighting for her life as a result of being thrown from the back of a fast moving ATV. According to witnesses, neither the 32 year old ATV driver or the teenage passenger were wearing helmuts.

Almost all ATV fatalities or serious injuries occur while violating one or more of the Consumer Product Safety Commission’s “Rules of ATV Operation”. Those rules are as follows:

1. Children under sixteen (16) should not ride adult-sized ATV (engines bigger than 90 cc’s).
2. Take a hands-on safety course.
3. Always wear a helmet while on an ATV.
4. Never drive an ATV on paved roads.
5. Never drive while under the influence of drugs or alcohol.
6. Never drive an ATV with a passenger, and never ride as a passenger.

Despite these common sense rules, we continue to see children operating ATV’s and worse yet, operating them with passengers. Every new ATV that has come from the factory in recent years has a decal that warns the driver not to ride passengers. As demonstrated by the tragic accident involving the South Carolina teen, serious injuries can result from riding as a passenger on the back of an ATV. Adults who operate an ATV in violation of the rules potentially subject themselves to civil liability for their negligence, if someone is seriously injured or killed as a result of their negligence. If you or a loved one has been seriously injured on an ATV, call the ATV injury lawyers at Finch McCranie, LLP at 1 (800) 228-9159.

Our Atlanta based lawyers are constantly involved in cases involving brain injury and brain death. As tragic as these cases are, the families and loved ones are many times faced with the decision whether to cease life support after there has been a medical determination of brain death.

In general, brain death is considered to be the irreversible loss of brain function. The exact definition has changed throughout the years and is still subject to debate. The brainstem controls brain function and is responsible for regulating breathing, heart rate, reflexes, withdrawal from pain. Thus, diagnosing brain death requires the absence of brainstem function.

Most states have adopted a version of the Uniform Determination of Death Act thereby establishing a definition of brain death. The Uniform Act defines brain death as follows:
Determination of Death. An individual who has sustained either (1) irreversible cessation of circulatory and respiratory functions, or (2) irreversible cessation of all functions of the entire brain, including the brain stem, is dead. A determination of death must be made in accordance with accepted medical standards.

The Georgia legislature has enacted O.C.G.A. §31-10-16 which defines brain death as folows:
(a) A person may be pronounced dead by a qualified physician, or by a registered professional nurse authorized to make a pronouncement of death under Code Section 31-7-176.1, if it is determined that the individual has sustained either (1) irreversible cessation of circulatory and respiratory function, or (2) irreversible cessation of all functions of the entire brain, including the brain stem. (b) A person who acts in good faith in accordance with the provisions of subsection (a) of this Code section shall not be liable for damages in any civil action or subject to prosecution in any criminal proceeding for such act. (c) The criteria for determining death authorized in subsection (a) of this Code section shall be cumulative to and shall not prohibit the use of other medically recognized criteria for determining death

Brain death is usually determined in the Intensive Care Unit of a hospital or in the Emergency Department. The determination usually involves three steps. First, unconsciousness is verified. To do this, a Glasgow score of 3 is required. The Glasgow scale is neurological scale which aims to give a reliable, objective way of recording the conscious state of a person, for initial as well as continuing assessment. Secondly, the patient is clinically checked for brainstem reflexes. If all brainstem reflexes are absent the third and last step is taken. This is the performing of an apnea test. Apnea is the cessation of breathing. This test is to ensure that the patient has no drive to breathe and confirms brain death.

The Georgia injury lawyers at Finch McCranie, LLP have previously posted on the danger posed by defective grinding wheels that explode or disintegrate. When a grinding wheel comes apart, it can result in serious eye injury and even death. Although there are several reasons why these wheels fail, it is thought that many of these are inferior, imported products.

To prevent injuries, the following procedures are recommended when using grinding wheels:

* Check the wheel before each use for any cracks or chips. If any are found, discard
and replace with a new wheel.

* Perform a ring test. Wipe the wheel clean. Hold the wheel through the center hole with one finger. Using the plastic end (not rubber coated) of a screwdriver, tap the wheel on side. If it gives a metallic ring, the wheel is fine. If it is cracked, it will give a dull ring, or no ring at all.

* Always adjust the tool rest to sit no more than one-eighth (1/8) of an inch from the wheel. If it cannot be adjusted to sit at that width, the wheel is probably worn and should be replaced.

* Follow manufacturer’s instructions on replacing a wheel.

* Make sure that the new grinding wheel is rated to operate at the maximum speed of the grinder. Do not surpass the maximum speed.

* When beginning grinding, do not grind on a “cold” wheel. Apply the work gradually to “warm up” the wheel.

* Always wear the proper personal protective equipment: safety glasses/face shield, gloves, aprons.

* Use the guard at all times, no matter how small the job. Never alter or remove the guard.

* Before using a new wheel, turn it on, stand to the side, and watch for any abnormalities. It is recommended that a user allow the grinder to run for a minute before beginning to grind.

If you or a loved one has been seriously injured as a result of a grinding wheel failure, it is critically important to preserve whatever evidence is available. Accordingly, not only should the tool itself be preserved for inspection but also all of the fragments of the grinding wheel should be collected and kept so that they can be analyzed by an expert. As always, the product liability lawyers at Finch McCranie, LLP stand ready to consult with you about dangerous products.

Recently an Atlanta eye surgeon told one of the Georgia injury lawyers at Finch McCranie, LLP that his group sees at least two new patients a month with serious eye injuries caused by grinding wheel accidents. Often times , the hazards of using a grinding wheel are overlooked. When using a grinder there are several potential hazards to of which you should be aware. They include: cuts and amputations; eye injuries from flying particles; punctures from work piece or debris; hearing loss from noise; and inhalation of toxic materials, including dust and silica.

Exploding grinding wheels pose a very serious risk to users. For instance, the United States Department of Labor published “A Partial List of Accidents Involving Grinders” for the period of 1990 through 1997. Out of 27 accidents, 7 of them resulted in death as a result of the victim being struck by pieces of a disintegrating grinding wheel.

In terms of grind wheel safety, there are several things to keep in mind.

* Grinding wheels have a shelf life and you should use grinding wheels within two (2) years of their manufacture date.

* Improper mounting of the wheel to the tool can cause the wheel to break.

* Using a wheel at a speed greater than that for which it was designed can lead to failure.

* Personal Protection Equipment should ALWAYS be used when using a grinder.

It is thought that one reason for the number of grinding wheel failures may be that many of them may now involve imported and inferior wheels. If you or a loved one has been seriously injured as a result of an exploding or disintegrating grinding wheel it is critically important to preserve as much of the evidence as possible, including the tool itself and the wheel fragments. The product liability lawyers at at Finch McCranie, LLP will be happy to consult with you about the case.

Many Georgia parents employ child safety seats to protect the lives of their children without any reliable data as to the safety of the particular seat model. Now, U.S. Transportation Secretary Ray LaHood has announced that he will urge carmakers to crash-test child safety seats in their vehicles and recommend which child restraints are the safest in each auto.

If adopted, this new system would be a victory for parents who struggle to find the best car seats for their children. While federal regulators rate new cars for safety, they have no such system for child car seats. Making matters more difficult, a child restraint that performs well in one vehicle may perform poorly in another because it doesn't fit snugly in that back seat.

Secretary LaHood’s action comes after the Chicago Tribune revealed that nearly half of all infant restraints failed catastrophically or exceeded injury limits when federal contractors strapped them into the back seats of model-2008 vehicles and crashed those cars and trucks into walls at 35 m.p.h.. NHTSA used those tests to rate the safety of the cars, not the child restraints in them.

At LaHood's insistence, the NHTSA child seat crash-test results -- including reports, video and photos -- are posted online.

European regulators require automakers to include child seats in their crash tests of new cars. The safety rating for those European vehicles is based in part on how they protect children. LaHood held up the European system as a model.

LaHood said he would push for a voluntary system. The secretary said he also ordered NHTSA to institute stringent safety standards for child seats in side-impact crashes, which account for one third of infant highway deaths.