Georgia Injury Lawyer Blog

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.

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Posted In: ATV All Terrain Vehicle Accidents , Brain Injury , Motorcycle Accidents , Premises Liability , Torts , Wrongful Death

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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.

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Posted In: Automobile Accidents , Brain Injury , Physical and Sexual Assault , Premises Liability , Products Liability , Torts , Wrongful Death

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The Georgia injury lawyers at Finch McCranie, LLP who handle workers compensation cases always investigate the possibility that there is a negligent third party who can be sued and held accountable for the client’s injuries and damages. As any injured worker knows, the income benefits available under the Georgia Workers Compensation Act are limited. A worker with serious injuries is never made whole with workers compensation benefits alone. Many serious on-the-job injuries or deaths are attributable to the negligence of someone other than the employer.

For instance, increasingly, employers do not own or solely occupy the premises of an injured worker’s place of work. As a consequence, an injured worker may have claims against the owner of the premises or an entity that may jointly occupy the premises with the injured worker’s employer. The owner or occupier of a premise is liable for injuries caused by his failure to exercise ordinary care in keeping the premises and approaches safe. The owners of the premises may have a duty, under a contract, to keep the premises in safe repair or repair certain equipment associated with the premises. Likewise, the owner may have actual or constructive knowledge of a dangerous condition existing on the premises.

Accordingly, when a client is injured on-the-job, careful attention should be paid to the facts to determine whether there is a viable third party to go after for full compensation. The injury lawyers at Finch McCranie, LLP have extensive experience in handling these cases. If you or a loved one has been seriously injured in an on-the-job injury, call us for a free consultation.

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Posted In: Construction Accidents , Premises Liability , Torts , Workers Compensation

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The Georgia injury lawyers at Finch McCranie, LLP have represented many victims of traumatic brain injury resulting from serious automobile accidents, tractor trailer accidents, workers compensation accidents, ATV/All Terrain Vehicle accidents, motorcycle accidents and premises liability accidents. A traumatic brain injury (TBI) is caused by a blow or jolt to the head or a penetrating head injury that disrupts the normal function of the brain. Not all blows or jolts to the head result in a TBI. The severity of a TBI may range from “mild,” i.e., a brief change in mental status or consciousness to “severe,” i.e., an extended period of unconsciousness or amnesia after the injury.

What many people do not realize is that major depression is a complication seen in about one-third of patients within the first year of a TBI and when present, is associated with poor psychosocial functioning and persisting post-concussive symptoms. Major depression is associated with substantial psychosocial dysfunction and post-concussive symptomatology following traumatic brain injury. Medication has been and is still prescribed to treat this complication; however, in a recent large clinical sample of patients with symptoms of major depression, anti-depressant medication has been shown to lead to the remission of symptoms in a minority of patients.

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Posted In: ATV All Terrain Vehicle Accidents , Automobile Accidents , Brain Injury , Motorcycle Accidents , Premises Liability , Truck and Tractor Trailer Accidents , Workers Compensation , Wrongful Death

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Not a month goes by that the Georgia injury lawyers at Finch McCranie, LLP don’t run into serious automobile accident or tractor trailer accident cases where our client has sustained a traumatic brain injury to some degree. These can occur from all types of accidents, including workers compensation accidents, ATV/All Terrain Vehicle accidents, motorcycle accidents and premises liability accidents.

A traumatic brain injury (TBI) is caused by a blow or jolt to the head or a penetrating head injury that disrupts the normal function of the brain. Not all blows or jolts to the head result in a TBI. The severity of a TBI may range from “mild,” i.e., a brief change in mental status or consciousness to “severe,” i.e., an extended period of unconsciousness or amnesia after the injury. According to the Centers for Disease Control (CDC), TBIs contribute to a substantial number of deaths and cases of permanent disability annually. Of the 1.4 million people who sustain a TBI each year in the United States, 50,000 die; 235,000 are hospitalized; and 1.1 million are treated and released from an emergency department. Among children, ages 0 to 14 years, TBI results in an estimated 2,685 deaths; 37,000 hospitalizations; and 435,000 emergency department visits annually. The number of people with TBI who are not seen in an emergency department or who receive no care is unknown. Interestingly, the two leading causes of TBI are falls (28%) and motor vehicle crashes (20%).

If you or a loved one has sustained a severe head injury in an accident, contact the experienced lawyers at Finch McCranie, LLP. (800) 228-9159

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Posted In: ATV All Terrain Vehicle Accidents , Brain Injury , Motorcycle Accidents , Premises Liability , Truck and Tractor Trailer Accidents , Workers Compensation

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An outbreak of Legionnaires’ disease has been confirmed at Atlanta, Georgia’s Grady Memorial Hospital. Water tests confirmed today that two units at Grady Memorial Hospital were the source of the bacteria that caused Legionnaires. Four patients have been sickened by the disease.

A Grady spokesman claimed this was the first time in Grady’s history that the Downtown Atlanta hospital has been the source for disease in patients. The two Grady patient units consisting of and 80 beds have been closed since last week. The Grady spokesman said crews are treating these units and additional floors and will continue testing throughout the hospital.

Three of the four patients have responded to antibiotics and have been discharged. The fourth is still receiving treatment. An additional 50 patients have been tested for the disease, but those tests were negative.

Legionnaires disease is named for an outbreak at a 1976 convention of the American Legion in Philadelphia. It is not spread from one person to another. People get the disease when they breathe in a mist or vapor that’s contaminated with the naturally occurring bacteria.

A type of pneumonia, Legionnaires’ disease can cause death in up to 5 percent to 30 percent of cases.

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Posted In: Premises Liability , Torts , Wrongful Death

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Every spring and summer as swimming pools open for the season, we read about tragic drownings, often involving children. Statistics show that drowning and near drowning are a leading cause of death and brain injury. Many of these unfortunate incidents could be prevented if swimming pools had proper anti-drowning drain covers and suction cutoff devices installed. These covers and suction cutoff devices are designed to prevent children from being caught in the swimming pool drain as a result of strong suction. Under the new federal regulation, which went into effect last year, public swimming pools and hot tubs are required to install special devices that will prevent drain suction from trapping children under water. These new rules apply to pools and spas used by the public, including municipal pools and those at hotels, private clubs, apartment buildings and community centers. The new law does not require retro-fitting of private home pools.
As with any case, it is always important to throughly investigate the facts of a tragedy in a timely manner so as to preserve evidence. The law firm of Finch McCranie, LLP has represented the families of victims of serious injury and wrongful death accidents for over 40 years.

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Posted In: Brain Injury , Premises Liability , Wrongful Death

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As Georgia personal injury lawyers we have represented many people who have died or sustained serious injuries as a result of falling. Many of them are senior citizens and many of the accidents are a result of dangerous conditions caused by the negligence of stores, restaurants and other businesses. Although the elderly most fear breaking a hip when they fall, a government study indicates that hitting their head can also have deadly consequences. Brain injuries account for half of all deaths from falls.
The study by the Centers for Disease Control and Prevention is the first comprehensive national look at the role brain injuries play in fatal elderly falls. It examined 16,000 deaths in 2005 that listed unintentional falls as an underlying cause of death. The study found that slightly more than half of the deaths were attributed to brain injuries. The other deaths were due to a variety of causes including heart failure, strokes, infections and existing chronic conditions worsened by a broken hip or other injuries sustained in a fall.

The attorneys at Finch McCranie, LLP have been standing up for the rights of injured victims for over 40 years. If you or a loved one has fallen and been injured as a result of the negligence of a store or other business, call us at (800) 228-9159.

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Posted In: Brain Injury , Elder Abuse And Nursing Home Negligence , Premises Liability , Wrongful Death

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Our U.S. law firm celebrates Canada's Thanksgiving Day in October for a reason. When some Canadian citizens suffered tragic injuries and deaths in a tractor-trailer accident in Georgia some years ago, a Canadian lawyer contacted me to represent his parents, who had lost a son in this horrific truck wreck.

That role of helping Canadian families with their legal needs grew, as another Canadian family (through their Canadian lawyer) contacted me for the same reason.

I spent a Canadian Thanksgiving visiting the surviving parents, siblings, nieces, nephews, and in-laws of one of the most delightful human beings whom I never had the pleasure of meeting, but whom I came to know through representing his family through this tragedy. Their "real" Thanksgiving was delayed until we successfully resolved their case.

Later, in visiting the homes of other Canadian clients, I developed more of these bittersweet relationships with very fine people who live north of our U.S. border. We are now lifelong friends.

Recently, in visiting with our Canadian consul and his wife in Atlanta (terrific people who are neighbors of ours), I recounted some of the stories of these wonderful families. He requested our firm's contact information and said he was glad to know that our law firm is available to help Canadian families dealing with personal injuries or deaths in the U.S.

We have a great appreciation for our clients from Canada, and look forward to helping other Canadian families.

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Posted In: Automobile Accidents , Aviation Accidents , Brain Injury , Premises Liability , Truck and Tractor Trailer Accidents , Wrongful Death

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As Georgia trial lawyers we have handled a wide variety of slip and fall injury cases. While serious injuries from falls can occur at any age, it can be particularly serious for senior citizens. The elderly fear breaking a hip when they fall, but a government study indicates that hitting their head can also have deadly consequences: Brain injuries account for half of all deaths from falls. The study by the Centers for Disease Control and Prevention is the first comprehensive national look at the role brain injuries play in fatal elderly falls. It examined 16,000 deaths in 2005 that listed unintentional falls as an underlying cause of death. CDC researchers found that slightly more than half of the deaths were attributed to brain injuries. The other deaths were due to a variety of causes including heart failure, strokes, infections and existing chronic conditions worsened by a broken hip or other injuries sustained in a fall.
Each year, one in three Americans age 65 and older fall. About 30 percent of such falls require medical treatment. Previous CDC research showed that the U.S. death rate from falling has risen dramatically - about 55 percent - for the elderly since the 1990s. The new study highlights the role that brain injuries play in such deaths. The severity of brain injuries isn’t always immediately apparent, and some people may not lose consciousness. In our practice we have repeatedly noted a scenario seen in hospitals in which an elderly fall victim comes in alert and talking, but dies an hour or two later. The research is being published in the June issue of a scientific publication, the Journal of Safety Research.

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Posted In: Brain Injury , Premises Liability , Wrongful Death

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We are continually disturbed when we hear reports of persons injured by unsafe glass--decades after the need for "safety glazing" material (safety glass) was recognized. Our serious personal injury lawyers have delved deeply into the history of glass injuries in representing clients who have suffered what can be life-threatening injuries from unsafe glass, in premises liability cases tried successfully. We hope to share what we have learned about these dangerous products so that future injuries from dangerous glass can be prevented.

For more than thirty (30) years, the dangers of using glass that leaves sharp, jagged edges when it breaks has been known.

In a 1972 opinion, one court discussed the dangers of glass injuries from glass that was not "safety glass": “‘Purposeful footsteps, impact, the harsh, shattering crash of jagged spears of glass falling and disintegrating on the floor, and disabling and disfiguring injuries or death -- this sequence of events is acted out, according to safety experts, in 40,000 American homes annually.’” Moody v. Southland Inv. Corp., 126 Ga. App. 225, 230, 190 S.E.2d 578, 581 (1972) (quoting Wolfstone, “Glass Door Accidents,” 14 Am. Jur. Trials 101, 105).

The 1972 Moody case concerned a patio door made of non-tempered glass that shattered and injured the plaintiff. The Court discussed testimony from experts that “serious injuries are caused by nontempered glass,” and that “[t]empered glass is harder, and it won’t break as easily, and then when it breaks, it doesn’t come in sharp, jagged pieces, where you are liable to get cut.” Id. at 229, 190 S.E.2d at 581. The Court also observed that “tempered glass was available for use on the door [in question] in 1967, when it was first installed.” Id. at 228, 190 S.E.2d at 580.

For many decades, manufacturers, builders, and architects have known that “plate glass” which breaks in a sharp jagged way. Much of this information has been summarized in a Report in one of our cases prepared by Phillip L. Graitcer, DMD, MPH, who has been an Adjunct Professor at the Center for Injury Control, Rollins School of Public Health at Emory University, Atlanta, and is the former Director of the International Unit of the “National Center for Injury Prevention and Control” at the Centers for Disease Control and Prevention (CDC) in Atlanta.

Continue reading "Glass Injuries from Unsafe Glass That Is Not "Safety Glass": How Dangerous Glass Causing Personal Injury and Death Continues to Endanger Unsuspecting Children and Adults" »

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Posted In: Premises Liability , Products Liability , Torts , Wrongful Death

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Automobile collisions often cause serious spinal cord injuries. If the trauma suffered by the victim is severe enough it can cause either temporary or permanent paralysis. Studies have indicated that as many as fifty-five percent (55%) of all paralysis cases typically result from some type of collision involving a motor vehicle, usually a truck, motorcycle or car.

The types of spinal cord injuries we have seen in our personal injury practice include automobile accidents associated with vehicular rollovers and roof crushing. When a rollover accident causes roof crush, passenger space is depleted which contorts the victims into positions that put stress onto the spinal cord, in some cases causing paralysis. While we have seen paralysis resulting from work accidents, sport accidents, and other activities, the majority of the clients we have represented who have suffered this type of terrible injury are those involved in tractor-trailer and very serious car collisions.

Because paralysis is life altering, as is true of any other serious injury or wrongful death case, it is necessary that competent counsel be engaged as quickly as possible. If there is third party liability, investigation of the facts while they are fresh is crucial. If too much time elapses, it may be difficult to establish third party liability. Moreover, key evidence can disappear and crucial fact witnesses can be difficult to locate. While the victim and his or her family are oftentimes overwhelmed by the initial medical problems associated with these conditions, family members should remember that the long term sequelae of traumatically induced paralysis is best addressed by a prompt and thorough investigation of the facts that lead to that condition. If long term effects of the incident are to be addressed, such as, long term lost wages, permanent disabilities and long term future medical costs, the best way to do so is by insuring that a prompt and thorough investigation is undertaken by competent counsel experienced in such case. Finch McCranie, LLP has the experience to handle these issues and has a reputation of doing so professionally, competently and thoroughly.

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Posted In: Automobile Accidents , Premises Liability , Products Liability , Torts , Truck and Tractor Trailer Accidents

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Thirteen (13) people have died (and many more injured) as a result of burns and other injuries sustained in the explosion at the Imperial Plant in Port Wentworth, Georgia. Investigators have expressed the opinion that sugar dust ignited and caused the explosion which resulted in these injuries and deaths. Because most of the people burned, injured or killed as a result of the explosion were employees of Imperial Sugar, unfortunately, they will be barred by law from suing their own employer. This is the state of law in Georgia. Workers’ Compensation benefits are available to injured employees but injured employees cannot sue their employer. The one exception to this “non-suit” rule is where a third party’s acts contributed to the injuries and/or caused the same. The employer still cannot be sued, but other “third party” companies can be sued if their acts contributed to the damages sustained.

From newspaper reports, it appears that Imperial Sugar contracted with a company called Stokes Contracting to clean sugar dust at the plant. Obviously, a full investigation would be required to see what the contractual duties and undertakings were, but assuming the newspaper reports are true, those injured and/or killed may have claims against Stokes Contracting and/or any other entity that provided such cleaning services. If the failure to properly clean the sugar dust out of the plant was a proximate cause of the explosion, then there could be third party liability claims brought against that third party, in this instance, apparently, Stokes Contracting.

Cases of this nature are always tragic for the families involved and for those seriously burned or injured. While only time will tell whether there are valid third party claims to be made, one would hope that the injured and severely burned would have remedies other than those provided under Georgia’s Workers’ Compensation statutory scheme. The Georgia Worker’s Compensation statutory scheme is quite limited in the remedies it provides to those injured on the job. For example, pain and suffering is not awarded at all and lost wage benefits are typically quite low, usually below $500.00 per week, which is very difficult for those who have been injured to live on. While Workers’ Compensation medical benefits are good, because these types of burn injuries can last for years and years, it is evident that those involved in these incidents will suffer for a lifetime and yet they receive no pain and suffering compensation under Georgia’s Workers’ Compensation scheme. This it is why it is important that someone involved in an incident of this nature confer with competent counsel to make sure that any third party remedies against third parties who may be also liable for their damages can be pursued.

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Posted In: Premises Liability , Torts , Workers Compensation , Wrongful Death

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Our Georgia injury lawyers are accustomed to seeing cases involving horrible injury and cases of death caused by all types of accidents but burn cases are at the top of the list. We were discussing the news accounts today in Savannah reporting that firefighters found three, and perhaps as many as six, bodies in the wreckage of a still-burning sugar refinery leveled by an explosion overnight. In addition to the death cases, dozens of employees have been injured, many critically burned. Officials suspect sugar dust, which can be volatile, as the cause of the explosion. Reportedly the explosion happened in a storage silo where refined sugar is stored until it is packaged.

Obviously all of the injured employees will immediately be entitled to workers compensation benefits, including payment of all medical bills but given the very limited disability benefits available under the workers compensation laws of Georgia, this is very little consolation to the injured. Having litigated products liability cases involving injury and death, we wonder whether there are some third parties who may be liable for this explosion. Surely, this huge sugar refinery was aware of the potential danger posed by sugar dust. Was there a system in place which failed? Was ventilation machinery defective or not properly maintained by third party entities hired by the refinery? All of these questions and more need to be explored in order to adequately protect the interests of injured workers and the families of those who died in this tragedy.

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Posted In: Premises Liability , Products Liability , Torts , Workers Compensation , Wrongful Death

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We read in the newspaper this week about the death of a maintenance man at a local school system when he was electrocuted while trying to change a fixture at the elementary school. While the newspaper article did not provide many details, it was curious to us that a maintenance man would be killed while simply trying to change out a light fixture. This raises the obvious issue of whether there is third party negligence because the electrical system obviously had some problems within it, presumably hidden from the worker. In any event, this sad and tragic case is reminiscent of other cases we have handled in the past involving electrocutions.

Over the years, we have handled wrongful death and other serious injury cases arising from electrocutions. In the cases we have handled, the person being electrocuted is almost always a worker who is performing some task. Typically, the worker is unaware of the danger to himself while performing the work. If the worker survives, electrocution injuries can be very serious and have long term consequences. Typically, anyone electrocuted while on the job unfortunately dies because electrocution almost by definition is usually a fatal event.

While the facts have not yet been reported as to the reasons behind this death, in order to prevent similar incidents from occurring, it is necessary that both OSHA and state officials conduct a thorough investigation of the underlying facts. There is no doubt but there was a root cause of this tragedy which must be determined so that lessons can be learned and future similar cases avoided.

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Posted In: Premises Liability , Torts , Wrongful Death

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Having seen past injuries and deaths occur because theater safety principles were disregarded in using orchestra pits in Atlanta, our Georgia Injury Lawyer Blog attorneys shuddered upon reading that it had happened again in Atlanta. A 17 year-old dancer wearing a Panda costume reportedly suffered critical injuries when she fell some 12 feet into the lowered orchestra pit of the Fox Theater, during a performance of the "Nutcracker" by the Atlanta Ballet.

The orchestra pit contained no orchestra, but was apparently lowered to this great depth anyway, without "fall protection" measures that were sufficient to prevent such a long fall by the young dancer, a high-school student. As it should, OSHA is reportedly investigating the incident.

For our attorneys, it brought back lessons that should have been learned in the theater world when a young boy died after a fall in 2000, through a concealed opening into the unprotected orchestra pit at the Atlanta Civic Center. He survived in a coma for more than a year as he was cared for by his parents, two of our most remarkable clients ever.

The evidence we gathered in that case showed that theater safety principles are too often ignored, until they result in life-threatening injuries or deaths. At the Civic Center, it was most disturbing to learn that a man had died before our young client, when the man fell into the unprotected orchestra pit from the stage.

It was also shocking for us to discover that two children had fallen through the same opening into the orchestra pit in 1995--and yet the orchestra pit was still left unprotected. Our theater safety experts documented that such injuries and deaths are far too foreseeable--and avoidable--when proper attention to basic safety rules is practiced.

While the settlement of that case at the Civic Center was reportedly one of the largest ever paid by the City of Atlanta (and there were other defendants as well), the family's nightmare was in no way erased.

Our thoughts and prayers are with the young dancer, and we wish her a speedy recovery. We hope that theater professionals heed the lessons of theater safety to protect performers and patrons from preventable injuries.

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Posted In: Premises Liability , Torts , Wrongful Death

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Hotels and motels are beginning to be held liable in tort for their negligence in failing to protect customers from known bed bug infestations. Bed bugs are making a comeback in the United States for several reasons which include, increasing international travel, more conservative use of pesticides and the failure of hotels and motels to take appropriate and effective steps to eliminate known infestations. The conduct of some hotels and motels amounts to gross negligence.

I recently read a U.S. Court of Appeals (7th Cir) decision affirming a punitive damage award of $196,000.00 each to a brother and sister against a hotel chain. The facts of the case were egregious because the management of the 200 room hotel knew they had a serious infestation, did little to eliminate the problem and continued to rent rooms that had been put on their “Do Not Rent” list. The Court held the hotel’s failure to either warn guests or take effective measures to eliminate known bedbug infestation amounted to fraud.

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Posted In: Premises Liability

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In Georgia, owners and occupiers of land or buildings owe certain duties to those who come on the premises. The duties vary according to the relationship between the owner and the person coming onto the premises. The mere fact that one owns or occupies land or a building does not make one liable for injuries sustained by persons who have entered onto the land or the premises. It is a commonly accepted in Georgia law that the owner of a building or land is not the insurer of the safety of those who enter the property.

In general, the respective duties of care owed are determined by the person’s status while on the property. There are three categories by which the status of one on property is classified ---- trespasser, licensee, and invitee.

A trespasser is one who enters upon the property of another wrongfully and without express or implied permission for the trespasser’s own benefit or amusement.

The distinction between an invitee and a licensee is generally defined by a business relations rule. If the injured person at the time of the injury had business relations with the owner or occupant of the premises that would render his presence of mutual aid or benefit to both, the person is considered an invitee. If, however, the presence on the premises is for the persons own convenience, as in merely accompanying another, the person is a licensee.

The only duty owed a trespasser is not to injure him willfully and wantonly. A person who has the status of licensee is owed a duty greater than that owed a trespasser. This duty has been described as a duty not to expose a licensee knowingly to an unreasonable risk of harm. An invitee is owed the highest degree of care by the owner. In the case of an invitee, the owner is liable for injuries caused by his failure to exercise ordinary care in keeping the premises and approaches safe.

When a person’s status as a trespasser, licensee, or invitee is a matter of disputed fact, a jury under appropriate instructions from the Court must resolve these issues.

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Posted In: Premises Liability

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Atlanta has previously been identified as one of the most dangerous large metropolitan area in the country for pedestrians. Although statistics are not always accessible, in the calendar year 2001, for example, 64 pedestrians were reported killed in Atlanta. Throughout the State of Georgia, more than two-thirds (2/3) of pedestrian fatalities occurred on neighborhood streets, which helps explain why pedestrian injury is the second leading cause of death for children age 5 to 9. Another problem, particularly prevalent in Atlanta, are unsafe sidewalks. While the City does not maintain statistics on the number of people who are injured while using city sidewalks, anyone who lives in the Atlanta area knows that city sidewalks are often in a state of disrepair and are dangerous to pedestrians who might wish to use them. Sidewalks in metropolitan Atlanta also rarely meet the needs of people with disabilities who make up a significant portion of the population. Despite federal requirements and long past deadlines, the City of Atlanta has been slow to take action to mitigate barriers that prevent people with disabilities from safely using the City’s sidewalks.

At a City Counsel work session in February of this year, Public Work Commissioner David Scott estimated that one-fourth (1/4) of Atlanta’s sidewalks were in need of repair. Mr. Scott also conceded that the problem with sidewalk maintenance in Atlanta could not be resolved with the resources at hand. Indeed, less than $125,000.00 is available in the City’s budget for maintenance issues, thus allowing for limited emergency maintenance only. With 25% of City’s sidewalks in need of repair, Commissioner Scott estimated that it would cost approximately $80 million for the City to make all the necessary repairs. What this means, of course, is that twenty-five percent (25%) of all city sidewalks, being in need of repairs, are unsafe.

With one-fourth (1/4) of the City’s sidewalks in need of repair, it is not surprising that there have been significant injuries reported. In one case, a bicyclist was killed while riding his bike near Peachtree Street and Peachtree Battle Avenue within the City limits. A utility wire had been draped across the sidewalk (allegedly for over a month) and the bicyclist came into contact with it such that he was thrown from his bike, landed on his head and was killed. In another tragic occurrence, a small child lost his leg when a loose utility wire which also partially obstructed a city sidewalk got caught up by a passing motorist’s vehicle and severed the boy’s leg as he was standing next to a utility pole, again on a city sidewalk. While these occurrences are tragic, it is clear that there are many more unreported injuries being sustained by pedestrians using Atlanta’s sidewalks. The question is, what can be done about this problem?

In future blogs, we will address ongoing efforts to deal with these chronic problems. What is clear, however, is that sidewalk maintenance in Atlanta is a significant problem which needs to be addressed by the City, sooner rather than later.

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Posted In: Brain Injury , Premises Liability , Wrongful Death

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It seems that almost every day there is a headline in the local paper or on the TV news concerning horrible injuries suffered by a person attacked by a dog. This firm has successfully handled a large number of liability cases in which our clients were viciously attacked and injured by dogs.

Georgia law provides two ways that an animal owner or handler may be found liable for injuries inflicted by the animal. The first requires that the victim prove: (1) that the animal is dangerous or vicious; (2) that the owner or handler had knowledge of the dog’s viciousness or tendency to attack humans; and, (3) that the owner or handler either carelessly managed the animal or allowed it to go at liberty. The second basis upon which an owner or handler may be found liable for injuries inflicted by an animal requires that the victim prove that the animal; (1) was not at heel or on a leash as required by a local ordinance; and, (2) that the owner or handler either carelessly managed the animal or allowed it to go at liberty. The second ground does not require knowledge of dangerousness or viciousness of the animal. To successfully prove liability under the Georgia statute, the claim can be based on either a violation of a leash law or the owner’s or handler’s knowledge that the dog had the temperament or propensity to bite people. The breed of the dog, even if routinely known to be vicious, cannot be considered in determining liability under the Georgia statute.

Owners and handlers of dogs who have attacked persons typically attempt to raise the defense of assumption of risk to avoid liability for the injuries. They will argue that the victim knew of the dog’s vicious tendencies and approached the dog despite this knowledge, or somehow provoked the attack. This firm has successfully rebutted this defense in numerous cases.

Posted by Finch McCranie, LLP | Permalink | Email This Post

Posted In: Premises Liability

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