Georgia Injury Law Blog

An eight-year-old girl has suffered critical injuries in an attack involving two dogs outside her home in DeKalb County.

According to the Atlanta Journal-Constitution, Erin Ingraham was playing outside her home on Tuesday afternoon when she was approached by two Staffordshire Terriers. The dogs attacked her, and officers who responded to the scene had to use batons to pry the animals off the little child. The two dogs then attacked the officer, upon which the dog was shot and killed. The second dog ran away from the scene and was later captured by animal control officers.

The owner of the dog has been located and is likely to face charges. Erin suffered serious injuries that required vascular and plastic surgery. This has been a horrific attack by any standards, and we wish Erin a speedy and complete recovery. Unfortunately, it looks like Erin has a long recuperation period ahead of her. The next few weeks, or even months, are not going to be easy.

According to other reports, residents in the same neighborhood had been afraid for their safety from the aggressive behavior of the two dogs for a while now. One neighbor says that the dog attacked her cat as well as another person. In fact, the neighbors aren't even surprised that such a savage attack occurred.

Georgia's dog bite laws may not be as tough on owners of dogs involved in attacks, as in many other states where such attacks come under strict liability statutes. In Georgia, a dog in an attack must have a previous known history of aggressiveness or viciousness for the owner to be held liable. That doesn't mean that the dog must have been involved in a prior injury or attack. If the dog had been aggressive or displayed vicious tendencies in the past, and if the owner was aware of these, there could be grounds for recovery.

The Atlanta dog bite lawyers at the Katz Law Firm represent injured victims of dog bites and attacks in the metro Atlanta region, and around the state of Georgia.

Posted By Lisa Siegel In Animal attacks | 0 Comments Permalink

At least three people have been injured in an accident apparently caused by two cars street racing in DeKalb County.

The two cars set off a chain reaction accident on Interstate 285 that involved several vehicles. At least three people had to be taken to the hospital for treatment of moderate injuries. The two persons who were racing fled the scene of the accident.

Accidents involving speeding racing cars can result in serious injuries or fatalities. It’s extremely fortunate that the three people here survived this crash.

It isn't very hard to prove negligence when you have an accident caused by two cars racing on a public highway.  However, this can depend on finding eyewitnesses who saw the two cars racing and other factors.  The most important thing right now for investigators will be to locate the two absconding drivers. Locating hit-and-run drivers used to be an impossible task in the past. These were hopeless cases, and it was a rare success when police could trace the offending motorist. Investigators have gotten a little better at tracing hit-and-run motorists, but these cases still prove difficult to crack.

In the case here, an Atlanta injury lawyer will make finding the hit-and-run motorists responsible for the accident an important part of the case. There are also other options for compensation that you may have from your own insurer. Medical bills and lost wages may be covered by your insurer, even if the hit-and-run motorist cannot be located.

Posted By Lisa Siegel In Auto Accident Claims | 0 Comments Permalink

For years, conservative estimates of losses from food borne illnesses in the US have placed the figure as low as $6.9 billion, and as high as $35 billion every year.  As a new report into food safety in the country shows, those figures are barely the tip of the iceberg. The report by the Produce Safety Project says that the actual cost of food borne illnesses annually amounts to a staggering $157 billion every year.

Injury lawyers in Atlanta have a close connection with the food safety issue. After all, it was the appalling hygiene and safety conditions at a peanut processing plant in our own Georgia that caused nuts to be contaminated with the Salmonella bacteria, and led to a nationwide epidemic that killed several people, and injured hundreds of Americans. The peanut butter salmonella epidemic was just one among several that have come out since then, and which continue to crop up at nauseating intervals.

Every year, according to research conducted by the Produce Safety Project, more than 76 million Americans suffer from a food borne illness. The researchers calculated the costs of these illnesses by adding not just the medical and hospital costs that the patient incurred, but also the lost quality of life as a result of the illness. They arrived at the total figure of $157 billion every year from these illnesses.

Earlier estimates only considered documented food borne illnesses, but a large majority of food poisoning cases in the country go unreported. Besides, federal agencies consider only a few select organisms like the E. coli or Salmonella organisms in their estimates, but ignore the large number of outbreaks traced to other kinds of microorganisms.

Food safety in the country continues to be a hot button issue, with too many glaring loopholes currently in the system. Food safety is not the responsibility of any single federal agency, and therein lies part of the problem. The responsibilities are divided among the Food and Drug Administration, the US Department of Agriculture and other agencies. There are far too many cracks in the system through which contaminated ingredients and products can slip through. When an epidemic does break out, it is difficult to trace the source, considering the complexities of the food supply chain in which different ingredients sourced from farms all over the country, make it to a single product.

We hope these new figures push our lawmakers into passing long pending food safety legislation.

Posted By Lisa Siegel In Product Liability | 0 Comments Permalink

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. A  conspiracy 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. 

Also this year, Honda Motor Corporation recalled a series of vehicles for air bag defects. This defect has contributed to at least one death in Oklahoma, and has resulted in a lawsuit against Honda. The defect causes the motorist to be injured from shrapnel during airbag deployment.

There is any number of factors that can contribute to an accident. Auto defects are just one of them, but these also happen to be some of the most difficult factors to prove. Toyota’s acceleration problem was evident as far back as 2002, and personal injury lawyers in Atlanta and elsewhere had been coming across cases where fatalities and injuries occurred after a car begin to speed up on its own, and then crashed. For automakers, admitting defects can set off a headache that can ultimately cost them billions of dollars, and an eroded reputation that can prove even costlier. Not surprisingly, the modus operandi at most automakers is to blame just about everything else for the crash, except the car itself.  By the time an automaker is forced to respond to the issue, several people may be injured, or even die.

Posted By Lisa Siegel In Product Liability | 0 Comments Permalink

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.

While the attack has received a great deal of attention around the world, there are questions we must ask about the safely standards seen here. Tilikum’s previous attacks and his massive size was enough reason for SeaWorld to designate a limited number of trainers who could work with him. Brancheau was one of the few trainers at the facility who was allowed to handle him. Wouldn’t it have been better if he had been simply retired from his performing life?  We expect answers to these questions over time.

Posted By Lisa Siegel In Animal attacks | 0 Comments Permalink

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.

Take how the NHTSA has responded to the problem of unintended acceleration in Toyota vehicles. The agency has had numerous opportunities to recall models that were being linked to complaints of sudden acceleration. Complaints involving sudden acceleration have not surfaced over the past year. They have been steadily streaming in over the past five years at least. It was only after the death of four people in a Lexus accident in California last year that the agency finally seemed to wake from its slumber.

Similar lax attitudes have permeated the Food and Drug Administration, and the Consumer Product Safety Commission. Unsafe pharmaceutical drugs and defective medical devices have injured thousands of people over the past few years. Dangerous lead-tainted toys manufactured overseas have been allowed to reach the hands of children, causing several injuries and fatalities.

These agencies need plenty of funding and resources to help them discharge their duties properly. It’s fair to say those resources will not be arriving soon, as the federal administration grapples with a recession and a budget deficit. In a situation like this, it becomes the responsibility of trial lawyers in Atlanta and around the country to champion the cause of consumer justice, and protect consumers from dangerous products. That is an argument that even the tort reform lobby will not be able to refute.

Posted By Lisa Siegel In Product Liability | 0 Comments Permalink

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.

We can now expect a torrent of support from pit bull lovers who continue to insist that dog bite lawyers in Atlanta wrongly focus on these breeds as being particularly vicious. We will admit that we are dog lovers ourselves. We will also admit that other breeds of dogs are also likely to be involved in attacks. But there’s no denying that pit bulls are involved in more numbers of attacks than other breeds. There’s also no denying that many attacks involving pit bulls tend to be serious.

Regardless of the breed however, responsible dog ownership is the most essential factor in preventing these attacks.  In the case here, the dog owner was not even able to produce his animals’ rabies vaccination records. This is a prime example of poor and irresponsible dog ownership. Part of owning a dog is making sure that they are secure and leashed at all times, and that they are in safe enclosure through which they cannot escape. The dog must be exercised regularly and must have all his vaccinations on schedule.

Posted By Lisa Siegel In Animal attacks | 0 Comments Permalink

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.

Research into the effects of progesterone on brain injury is nothing new. A quarter century ago, studies proved that progesterone does act as a protective barrier over brain cells. The researchers don’t know yet how progesterone will help limit brain damage after a serious injury, but it is hoped that it will restrict self destruction of the neuron cells, and prevent inflammation. The hormone is injected about 4 hours after the injury occurs.

The Food and Drug Administration has given the trial permission to bypass consent from the patient or family members before injecting the hormone. So, doctors can go ahead and inject the hormone if they don’t receive consent from the patient (who may likely be unconscious) or family members within an hour.

The Atlanta injury lawyers at the Katz Law Firm represent injured victims of brain injury as a result of a car, truck or motorcycle accident, industrial accident, slip and fall accident or other causes. 

Posted By Lisa Siegel In Brain Injury | 0 Comments Permalink

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.

Employers are required to test their employees before employment, and to conduct periodic and random testing of drivers. Earlier, there was rampant and widespread abuse of the system by drivers who managed to escape a positive drug test result by using products, like synthetic urine. Since then however, the Department of Transportation has amended the rules to require trucking companies to procure drug testing records of potential workers from their previous employees.

Measures like these make it harder for rogue truckers with a history of drug and alcohol abuse to enter the system.  

The Atlanta truck accident lawyers at the Katz Law Firm represent persons injured in truck, semi truck and tractor trailer accidents in the metro Atlanta area and across the state of Georgia.

Posted By Lisa Siegel In Truck Accidents | 0 Comments Permalink

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.

Finally, the animal was herded and brought under control. Fortunately the animal wasn’t hurt. In fact, it is back at the circus where it is expected to continue performing as scheduled.  

It’s not every day you see a zebra hotfooting across the city’s congested streets with blaring sirens and police cars in hot pursuit.   Considering the bizarre nature of the scene, it’s very fortunate that there was no motorist panic, accidents or injuries.

This wasn’t Atlanta’s first experience with a wild visitor. In 2008, another baby zebra had been found wandering along I-75. That zebra had been injured, and after undergoing treatment was shifted to the Noah’s Ark Animal Rescue Center in Locust Grove.

Now that all the excitement is over, Altantans can focus their attention back on some of the real dangers out there - speeders, and drunk and distracted drivers.

Posted By Lisa Siegel In Circus animals | 0 Comments Permalink