Boy Escapes Injuries after Fall Down MARTA Elevator Shaft

A 5-year-old boy had a miraculous escape after a fall down an elevator shaft at the Kensington MARTA station earlier this week. The boy was apparently on the second floor of the station, and was leaning against the elevator door when it suddenly opened. The child fell about 12 to 15 feet down, and landed on top of an elevator car. Firefighters used a ladder to get down to the elevator car, placed the child in a Stokes basket and brought him up.

The boy suffered minor injuries and underwent a medical evaluation. He was released, but had to be brought back to the hospital after he began to complain of headaches. MARTA is investigating the accident.

MARTA needs to get to the bottom of how this happened as quickly as possible. This was an accident that could have so easily turned serious. Whether it was a malfunctioning locking mechanism, or staff negligence, we need to know before there are other such accidents with not-so-happy endings. 

When you use a public property, you do so under the assumption that the property has been secured for use. You don’t except there to be wobbly handrails, broken steps, dark corridors, floors slippery with grease or water and other hazards. It is a property owner’s responsibility to maintain safe premises for visitors, guests, customers and others who visit the property. Maintaining safe premises does not mean that the property must be perfect or brand new. It does, however, mean that all reasonable safety standards must be met.

The Atlanta premises liability attorneys at the Katz Law Firm represent injured victims of slip and fall accidents, dog bite attacks, and assaults across the state of Georgia.

Avoiding Slip and Fall Accidents in Icy Weather

The bad weather may be behind us, but leftover snow and “black ice“ could still present the risk of slip and fall accidents. Many Georgians aren’t used to the kind of snow-covered streets and slippery sidewalks and pathways that we saw for much of last week, and this may increase the risk of falls. Although much of the snow has melted, we would still advise pedestrians and others to exercise caution.

·        Pedestrians must be careful while crossing roads. Don’t rush across even when a crosswalk looks completely clear of ice - it may still be covered with black ice, a thin layer of transparent ice which covers the surface.

·        Walk slowly, or take short steps.

·        Avoid running.

·        Watch out for slippery surfaces when you step out of your home and onto your front door.

·        Vehicle occupants or motorists getting in and out of cars must take special care.

·        Wear footwear that’s appropriate for walking in slippery conditions.

·        Avoid jogging till after the snow has completely melted away.

·        Only use sidewalks while walking.

·        Icy weather conditions can be frequently accompanied by lower visibility, so wear brightly-colored clothing to avoid pedestrian accidents.

·        It’s important to stay warm, but make sure that your vision is unimpaired. In short, don’t overdo the goggles and masks.

·        Apply the same safety rules when you visit public areas, restaurants, hotels, shopping malls, and other public properties.

The Atlanta slip and fall accident lawyers at the Katz Law Firm represent victims injured in slip and fall accidents in the metro Atlanta area and across Georgia.

A jury in Clayton County, Georgia has held that movie theater chain AMC is not liable to a woman, who was injured in a slip and fall accident after she tripped on a wet floor sign at a theater.

The woman, Sue Brown was at the AMC Southlake Theater in 2003. It was Christmas day, and the theater was packed. Just before the end of the movie, a staff member put an A-frame “wet floor” sign to warn about a small spill a few paces outside the theater door. However, by the time Brown reached the spot, the sign had fallen down, and caught as she was in the throngs of people, she wasn’t able to see the sign. Her toe got caught in the handle of the sign, and she fell.

Brown and her husband filed a suit against AMC. Initially, a Clayton Court judge granted a summary judgment for AMC, but a court of appeals reversed that decision. The Supreme Court ruled that slip and fall accident issues, especially those that relate to a retailer’s responsibility to safeguard its premises’ and the responsibility of patrons to look out for their own safety on other’s premises, must be left to juries. The case went to a Clayton County jury, which has now delivered a verdict in favor of AMC.

Lawyers for Sue Brown argued that AMC could have used other alternatives to the “wet floor” sign on which Brown tripped. AMC could have used a rope line barrier or a more stable sign that couldn’t be knocked over. Another important point in the case involved the nature, severity and origin of Brown’s back injuries.

Brown’s lawyers offered what they said, was “very strong evidence” that her back injury was caused by the slip and fall accident, but the jury was not convinced.

The Atlanta slip and fall accident lawyers at the Katz Law Firm represent injured victims of slip and fall accidents and other premises liability actions, in the metro Atlanta area and around the state of Georgia.

Teenagers Injured in Roller Coaster Crash in Augusta

Three teenagers were injured seriously enough to require a visit to the hospital, after the roller coaster they were on crashed at the Georgia Carolina State Fair in Augusta over the weekend.

The crash occurred on Saturday at around 9:30 pm. According to witnesses, they yelled out when they saw that the roller coaster were about to crash, but the operator failed to slam the brakes quickly enough causing the coaster to rear end the others. In all, four people were injured, and three of them required treatment at the hospital. The victims insist that no one at the fair bothered to check if their injuries were serious. They received no emergency care. Far from displaying any concern about the injuries, the fair operators acted quickly to shut down the roller coaster as soon as the accident occurred. Fair personnel have not yet commented about the reasons for the crash.

This wasn’t the first time that an accident like this has occurred at the Georgia Carolina State Fair. In 2006, a 13-year-old girl sustained serious head injuries when she fell off the Orbiter ride.

Amusement ride accidents are comparatively infrequent, when you consider the millions of people who visit these parks and carnivals every year. For the most part, rides go off well, and no one suffers from anything more serious than a sudden burst of adrenaline. However, as Atlanta premises liability lawyers often see, when accidents do happen, the results can be extremely serious.

Passengers can do their bit to avoid becoming one of the 10,000 people who are injured annually in these rides.

·        Avoid a park that looks shabby or poorly maintained. You can usually take this to mean a sign of poorly-maintained rides

·        See if there are any restrictions on passengers before boarding a ride

·        Check if the ride operator is competent.

·        Check the park’s safety record.

·        Check the appearance of the ride.  If it is rusty or dirty, avoid getting on.

·        Be careful when you allow your children to board a ride

·        Make sure that you follow all safety rules as informed by your ride operator. 

Marriott Hotel Withdraws Rape Premises Liability Defense

Marriott International has withdrawn a legal defense by one of its franchise hotels that a rape victim, who was assaulted in the hotel premises, acted carelessly and failed to prevent the rape. The company has issued a statement apologizing to customers and Marriott guests, who had been outraged at the legal defense that the insurance company lawyers adopted.

In 2006, the 40-year-old woman was assaulted when she was in her mini van in the parking lot of the Marriott Hotel and Spa in Stamford, Connecticut. The woman was raped at gun point in front of her two children, both of who were below seven years old at the time. The rapist, 55 year old Gary Fricker, has since been found guilty, and is currently serving a 20-year sentence.

The woman filed a premises liability lawsuit that accused the hotel of, among other things, failing to monitor parking areas, and failing to train employees in proper security measures. The lawsuit also claimed that the hotel should have been aware of other sexual assaults that had taken place in the vicinity earlier.

The hotel’s legal defense filed court papers claiming that the victim “failed to exercise due care for her own safety, and for the safety of her children and proper use of her senses and facilities.”

As Georgia premises liability lawyers, we know that the property owners can go to great lengths to deny negligence, and limit their liability in such cases. It’s also a fact that the rape victim unjustly gets blame for “inviting trouble”. The media and public at large have rightly, been appalled and disgusted with the Marriott line of defense. Internet chat boards have been buzzing with angry comments against Marriott, and women’s activists and rape support groups have lambasted the defense. It’s fair to say Marriott has lost more than a few customers, its reputation and good will, after the mess they’ve made of their defense, which was paltry to begin with.  

In 2005, Larry Reece was at a Home Depot in Marietta when a pallet of plywood fell about 24 feet on him. Reece suffered serious neck and spinal injuries that left him debilitated, and unable to continue his work as a residential contractor. According to his attorney, he settled with Home Depot over punitive damages, but the case had to go to jury trial over personal injury damages.  He has now been awarded $1.5 million in damages, while his wife has been awarded $30,000 for loss of consortium as part of the damages.

Besides the debilitating injuries and the severe pain that he suffered, Reece also had to deal with the high expenses of hospitalization and other medical costs. Since the accident, Reece has racked up about $120,000 in medical expenses. He was required to have permanent hardware in his neck to resume his normal activities. Most traumatic of all, Reece who has been a construction worker all his life, was unable to return to his job. He lost his livelihood, along with the trauma and loss of income that that accompanies.

This isn’t the first time that shoppers have been injured in such accidents at Home Depot. One reason is the store shelves that are stacked high.  "Sky shelving" or high stacking may be efficient use of space, but poses a serious risk of injuries from loads toppling over.

Premises owners are required to provide a safe environment to guests, shoppers, visitors, renters and other people on the premises. This can include providing well lit areas, walking surfaces that are free of obstructions and resist slipping, well constructed and illuminated stairways etc. Providing safe premises can also include the responsibility to inspect store shelves, and to ensure that products are not likely to get displaced and fall off the shelves.

It’s not always easy to prove the owner's liability if you are injured on his premises. Owners can try to wriggle out of liability, raising questions about property ownership, or about whether the risk should have been clear and obvious to you.   Even the most open and shut slip and fall claim can have premises owners and their legal teams trying hard to play down their responsibility, and pass it on to you. Besides, there may be more than one party responsible for the safety of the premises, which makes filing a claim more complicated.

That's why it’s so important to consult with a Georgia premises liability attorney before deciding to file a claim for injury.

Two days after a fourth level parking deck in Atlanta collapsed, damaging several cars, and resulting in, miraculously enough no injuries, rescue personnel were still not willing to take chances.  Rescue efforts continued through Tuesday as Fire and Rescue personnel used cranes, dogs and thermal cameras to comb through the debris to search for any injured persons who could be trapped inside.

So far, there have been no reports of missing people, and the extent of the damage seems to have been restricted to the at least 38 vehicles that were damaged in the collapse. The deck in Midtown district collapsed at around noon on Monday. What caused the sudden collapse is still largely unclear. However, the company that acted as a general contractor and oversaw the construction of the deck was the same one that has been involved in another high profile, but far more serious accident last year. 

As we have discussed in this blog earlier this year, the company Hardin Construction Company is the same company that was involved in the construction of the pedestrian walkway at the Atlanta Botanical Gardens in December last year. Yes, the very same walkway that collapsed while concrete was being poured, leading to at least eight people with injuries and one contractor dead. Earlier this month, in fact, Hardin was fined for its role in that collapse. The Occupational Safety and Health Administration cited the company for failure to see that the towers were properly braced, fining it $6,300.

The company has already released a statement saying that it has sent its investigators to the site, and is joining in efforts to find out the causes for this near-catastrophe.

It's extremely fortunate that all the vehicles were apparently empty at the time of the collapse, and that there were no injuries.  However, it definitely merits attention when the same company has been involved in two structural collapses just a few months apart. Georgia premises liability lawyers will have to wait for weeks before we can find out exactly how this happened, but it's clear that we need to begin asking some serious questions of those involved here.

A one-year-old child had to be airlifted to an Atlanta hospital last month after she sustained serious injuries when a television set fell on her at a motel in Cherokee County. The accident happened just as a new study published in a medical journal reveals that the number of children injured by falling furniture, including large screen flat panel televisions, has risen dramatically over the past two decades.

In the motel incident, the child was injured when a 32 -inch television fell off the dresser, and onto her. She suffered a fractured skull.  It's not clear what steps the motel management had taken to secure the T.V on to the dresser to prevent such tip overs. It appears that the motel management could have done a lot to keep their premises safe for parents of little children.

According to Consumer Reports, television tip over accidents generally occur when a child tries to climb on to the table or dresser on which the television is placed. Children below the age of five are more likely to be injured by falling televisions, and these accidents seem to be more common among boys. The most common injuries that result from falling television sets are skull fractures, which can consequently lead to brain injures. Such injuries can require extensive medical treatment, including surgeries, and also require long periods of physical rehabilitation.

Consumer Reports have a number of tips that parents can follow to protect their children from television sets tipping over. As premises liability lawyers, we would advise owners of commercial properties in Georgia to take note of these steps, and follow them in their furniture design.

• Stands should be specifically designed for the television set by the manufacturer, as far as possible.
• If the T.V comes with a base, get it attached by a professional technician, and not a do-it-yourselfer.
• Place your television only on a sturdy table that can take the weight.
• Your TV stand should preferably have a ledge along the edge which can keep the television in place, and make it harder to pull or push.
• Any television stands, dressers etc must be anchored.

In May, a study conducted by researchers in Ohio found that the number of injuries caused by heavy furniture falling on children has increased by 41 percent since 1990. In 2007, approximately 17,000 children required emergency treatment after such injuries. The researchers believe that this increase has much to do with the growing popularity of large screen flat panel televisions in the country. As televisions have come slimmer, it’s become easy for excited owners to forget that these televisions pack several dozens of pounds of circuitry and glass. While these televisions look light, they are far from it. These televisions come designed with a narrow center of gravity that makes them susceptible to tip over.

Atlanta personal injury lawyers would advise parents and owners to secure these televisions on walls with wall brackets, and get securing done by a qualified technician instead of doing it themselves.

Even after new safety standards were introduced and added to building codes in the country, children in Atlanta continue to be in danger of escalator injuries caused when their shoes or clothing get snagged in the gaps at the sides of the escalator.

A report last month highlights some of the most dangerous areas in Atlanta that have escalators concealing a high risk for accidents and injuries to children. These include Hartsfield-Jackson International Airport, and the Metropolitan Atlanta Rapid Transit Authority (“MARTA”), as well as numerous malls where a number of these injuries occur every week. It's not just children who have been at risk for injuries caused by escalators. Teenagers and adults have had their shoes and clothing snagged in the gaps. People have been dragged down when the edges of their coats were caught in these gaps, ending in a dislocation of the shoulder, and in other cases, have lost their balance and fallen over. Toes and feet have been badly mangled when their shoes have been caught in these gaps. 

Many of these accidents have involved children's shoes, especially Crocs.   The problem has been severe enough for the Consumer Product Safety Commission to even warn about these, and confirm that these shoes had been worn by an overwhelming majority of people involved in escalator accidents. The shoes now come with a safety tag warning for such injuries.

In 2000, the escalator industry added a number of escalator safety regulations to its standards, and these have also been included in the American Society of Mechanical Engineers code of standards. Flash forward to 2009, and we don’t even know if these standards have brought about any reduction in the number of accidents. That’s because the CPSC has conducted no new studies about the efficacy of these new regulations. The agency seems to believe that any escalator accidents that have occurred since 2000 have taken place because of the faulty design of Crocs shoes, and, reassuringly enough, have left it at that.   The elevator industry meanwhile, has said that its escalators are safe, and that the number of accidents that occur every week is minuscule compared to the number of people who ride these daily.

This seems to be yet another example of how industry and federal agencies fail the ultimate victim –the ordinary citizen. While the CPSC prefers to sit tight and wait till the next horribly mangling incident sparks outrage, escalator manufacturers also seem to be content adopting a "wait and watch" approach. It remains to the efforts of the media, Atlanta personal injury lawyers and citizen safety groups to keep this issue alive in the public consciousness.

Witnesses report that Ferguson, who was with his family and a church group from South Carolina, scaled two perimeter fences with another teenage friend and entered a danger zone inside the ride area.

Although some witnesses indicate Ferguson was trying to retrieve a lost hat or possibly touch the feet of riders on the ride, Cobb County police dismissed those rumors as unsubstantiated. Instead, Ferguson and his friend may simply have been trying to re-enter the park from the parking lot rather than using the main entrance as required.

Ferguson and his friend scaled a six-foot high chain link fence and then a six-foot high wrought iron fence around the perimeter of the ride. Six Flags reports the area was also off-limits via signage indicating “Authorized Personnel Only,” “Danger Zone” and “Do Not Enter.” 

The Batman Ride achieves speeds of 50 mph as riders dangle from some 11-story high drops. The ride also has two vertical loops and a two single corkscrew turns. Ferguson was apparently struck by the descending ride as he entered the area. Cobb County Medical Examiners report he was killed instantly. His friend was not injured.

In May of 2002, the ride killed a 58- year-old groundskeeper after he also wandered into the restricted area.  

Georgia Department of Labor, which oversees amusement parks, closed the ride for inspections and re-opened today with the assessment that more signage and more security personnel be added to the ride area. The ride has been in operation since 1997.

Internet reports of this tragedy are rife with condemnation for the teen who scaled two fences and ignored three danger signs – apparently to his death. 

In legal terms, it may be that the teenager’s contributory negligence was the proximate cause of his death. Should the Ferguson family bring a wrong death suit against Six Flags, Six Flags would likely raise as a defense that Ferguson’s contributory negligence was greater than or equal to any negligence on the part of Six Flags. Six Flags would also likely argue that Ferguson was a trespasser in this restricted area and Six Flags duty was to warn him of known dangers. To the extent that Ferguson chose to ignore a known danger, then Six Flags cannot be responsible for his death.

All of these legal arguments sound in good policy. However, I cannot help but notice that a theme park ride, which has been open only eleven years, has killed two people under the same circumstances – struck by the ride while in a restricted area. Is it that the ride attracts the foolhardy to defy it? Or perhaps the danger signs are not readily visible? Granted, scaling two fences to access the area does suggest the area is off-limits.   However, is it also possible that the danger is not open and obvious?  

The Department of Labor Commissioner Michael Thurmond has suggested more signage and more security personnel for this ride in the future. Six Flags of Georgia is obligated to follow these recommendations. The future of the Batman ride is up in the air (no pun intended). The future of Six Flags is as well apparently. Shares in Six Flags, Inc. dropped 20 cents on Monday after report of the death. Share prices closed at $1.15 Monday on the New York Stock Exchange. This is the largest decline since Six Flags, Inc. reported earnings losses in November. 

If you plan to spend the summer enjoying Six Flags or other theme parks, please warn your children to abide by all signage and stay within designated areas of the park. 

If you believe that you or a loved one, may have a personal injury or wrongful death claim against a theme park, contact the law firm of Katz, Stepp and Wright for a free, private consultation.       

On Sunday, a carnival worker was critically injured when he fell forty-five feet from the outside of a Roll-O-Plane carnival ride at the Plaza Fiesta on Buford Highway in DeKalb County. The outdoor carnival is operated by Gold Medal Shows.

According to witnesses, the worker was trying to secure a door of the ride when the ride started moving and he was hoisted into the air. The Roll-O-Plane is a bullet-shaped passenger cabin that spins upward by a single rotating arm. After losing his grip at the top of the ride, the worker plunged onto a steel support beam at the base of the ride. 

Two teenage brothers were inside the ride with an unsecured door at the time of the accident. Their horrified mother watched from below while they were trapped atop the ride for twenty minutes. DeKalb County Firefighters rescued the teens. Initial reports blame human error for the mishap.

The Consumer Product Safety Commissioner (“CPSC”) is the federal regulating arm of traveling carnivals. The CPSC collects data on carnival ride accidents. Approximately five thousand emergency room visits are made annually as a result of carnival ride accidents.   The CPSC estimates there are ten thousand accidents a year when including fixed ride sites such as those found in theme parks.   The Consumer Product Safety Commissioner does not inspect fixed ride sites as these are left to state regulation.

Only twenty-seven states have government ride inspection and accident investigation statutes. Georgia does have strong carnival and amusement ride inspection statutes. The Georgia Department of Labor provides for safety and inspection standards for all carnival and amusement park rides. The Georgia Code also provides for safety standards. Permits are required annually. Carnivals must carry up to a million dollars in liability insurance; amusement park rides must carry up to five hundred thousand dollars in liability insurance. Inspections are made at the time of ride set-up and are spot-checked periodically thereafter. 

Still, even with inspections and investigations, accidents at carnivals and amusement parks do occur. Some have serious consequences. In June of 2007, a thirteen-year-old girl had her feet severed from a flying cable at Six Flags over Kentucky. In July 2006, a fifty-two-year-old man died on a roller coaster at Busch Gardens. In June 2006, a twelve- year-old boy died after riding Walt Disney World’s Rock ‘n Roller Coaster. In April of 2006, a forty-nine-year-old woman died on Disney’s Mission: Space. In June 2005, a four-year-old boy died on Disney’s Mission: Space. In the same year, another person died on Disney’s Space Mountain. 

Emerging data is now linking brain hematomas to rides with strong G-forces. Research has prompted calls for G-force limits. This may account for the number of serious injuries related to Disney’s Mission: Space since the ride opened in 2003. 

The Consumer Product Safety Commission recommends that when deciding to visit a carnival or theme park you follow these guidelines:

1.      Check the park’s Injury Reporting Records. If the park has a consistency of accidents that occur due to structural or maintenance failure … go elsewhere.

2.      Take note of a park’s general appearance. The grounds should be clean and well kept; there should be adequate personnel; and no alcohol should be permitted on site.

3.      Read the warning signs and abide by them.

4.      Assess the conduct of the ride operator. The operator should not be engaged in any occupation other than operating the ride.

5.      Assess the ride’s appearance. It should not appear rusty or in bad condition.

6.      Be alert to other riders. The leading cause of accidents is rider misconduct.

7.      Do not force children to ride. Children under the age of thirteen are the highest risk of injury.

If you believe you or someone you love has been injured at a carnival or amusement park, then you may have claim that arises under general premises liability law or product liability. Contact Robert N. Katz for a free, private consultation to assess your rights.  

Varying reports have now appeared about a MARTA escalator incident on New Year’s Eve. At first the Atlanta Journal Constitution reported, “a bunch rowdy college football fans lost their footing” when one of the Five Points MARTA station escalator’s malfunctioned. Eleven people were injured in the accident.  

 
According to riders, the escalator suddenly began running backwards at four to five times its normal speed. The sudden reverse escalation caused the riders to fall to the stairs in a heap. Over 50 people were dropped to the station platform. One person sustained a broken leg, and 11 people were transferred to the hospital.

 
MARTA officials blamed the mishap on this group of “rowdies” and said “people should learn not to mess around.” Eyewitnesses disputed such behavior. Three days later MARTA admitted that three transit escalators in two stations failed that day. A MARTA spokesperson revealed that the braking system on two escalators failed at the Five Points station and one failed at the Georgia Dome station all on News Year’s Eve. The escalators were subsequently shut down and are under repair. The next day the Atlanta Journal Constitution demanded that MARTA “take aggressive steps to eliminate persistent equipment problems.”

 
To be fair, MARTA responded with an Equal Time column in the Atlanta Journal Constitution by stating that it had over 149 escalators in operation, moved approximately 500,000 people a day, was the ninth largest transportation system in the country, and all in all had an excellent safety record. MARTA also maintained it was conducting a thorough investigation of its escalator accidents. 

 
While misuse of public transport systems would be dangerous, the jabbing needle of this whole account is how MARTA first tried to blame its passengers for the malfunction of its own escalators. MARTA should have simply stated that it was investigating the incident, particularly if reports of misuse muddied up its understanding of events. Instead, MARTA chose to blame the victims.   What many of these victims did not know was that two hours earlier at the same station, another escalator had malfunctioned in the exact same way.

 
No doubt MARTA does move a large number of people everyday through its transit system. For that very reason, it should have an aggressive equipment safety inspection plan and policy. We will be keeping an eye on this story to let you know what MARTA finally determines in its investigation. 

 
In the meantime, if someone, some business or a government entity’s negligence has caused you harm, contact the law firm of Robert N. Katz for a free private consultation.