Personal Injury

Published on: July 10, 2019

Failure to Use Seat Belts is Not a Bar to Recovery for Car Accident Injuries

In a recent criminal case in Georgia involving a hit-and-run accident, the court did not allow evidence that the car crash victim was not wearing a seat belt when he was ejected from his vehicle after impact and died. The court stated that the victim’s failure to wear his seat belt was not relevant in determining the cause of his death.

Georgia law requires that all persons in the front seat of a passenger vehicle wear a seat belt. The seat belt law applies to all occupants in any motor vehicle, including pickup trucks, vans, sport utility vehicles, and any vehicle designed to carry 15 or fewer passengers.

We all know that seat belts are one of the first lines of defense to protect you from injury while in a motor vehicle. This is especially true in rear-end collisions, T-bone accidents and head-on collisions. Wearing a seat belt is crucial in avoiding serious injury in such types of accidents.

Published on: July 3, 2019

Landlords are Responsible for More Than Just Slip and Fall Injuries

by Robert N. Katz, Esq.

The North Georgia area is experiencing exponential growth in population. And all these people moving to the area need a place to live. In addition to the already existing number of apartments and rental properties, apartment buildings are being built all across the Atlanta area. Many times people may feel forced or rushed to agree to live in a certain apartment because of either the lack of available apartments or the lack of affordable apartments to choose from. Unfortunately, when a tenant is living in an apartment or complex that has been poorly maintained by the landlord or property owner, there is a high risk of injury to the tenant and their family members. If this happens, the property owner could be held responsible.

A landlord has the duty inspect the rental property. The landlord also has a duty to act with reasonable care to make sure the rented premises are kept in good repair. A landlord’s failure to do so can make them liable for injuries caused as a result. A landlord can also be held liable for injuries caused by defective construction. A landlord of a leased apartment, house or other dwelling place cannot assign this duty to another party. In other words, the landlord itself has the duty to maintain the property, and cannot blame anyone else for its failures to do so.

When people think of premises liability cases or claims against property owners, slip and falls, or trip and falls, usually come to mind. However, with claims involving rental properties, a landlord can be held liable for far more. In some recent cases, landlords and property owners have been held liable for a variety of defective conditions at their property. Some of these include failing to repair the air-conditioning unit in an apartment building, causing the building to overheat to the point where it resulted in the death of an elderly disabled man. Another case involved the property owner’s failure to maintain and repair the balconies of an apartment complex, which caused a balcony to collapse onto a child resulting in severe and lifelong debilitating injuries.

Published on: June 29, 2019

NSC Predicts Close to 600 Traffic Accident Fatalities This Fourth of July

by Robert N. Katz, Esq.

The Fourth of July falls on a Thursday this year, which means most people will make it a long holiday weekend from work. The Fourth of July is not only one of the country’s most popular holiday weekends, but it’s also one of the most deadly. The holiday accounts for hundreds of deaths every year, and this year’s July Fourth is not expected to be any different.

The National Safety Council predicts that this Fourth of July weekend will be just as deadly as previous years, with an approximate 565 people expected to be killed in motor vehicle and other accidents. It also predicts around 64,000 injuries in accidents occurring over the holiday.

These predictions were made based on previous crash data. For instance in 2017, there were a total of 601 fatalities in traffic accidents over the holiday weekend. That was a significant 23 percent increase from the previous year. At least 39 percent of those accidents involved a drunk driver.

Published on: June 18, 2019

Audible Seatbelt Reminders Could Save 1500 Lives in Accidents Annually

by Robert N. Katz, Esq.

We all know the campaign “Click It or Ticket” to encourage all people in passenger vehicles to wear their seatbelts.

The good news is that, nationwide, seatbelt use is at commendable highs. In 2018, according to the National Highway Traffic Safety Administration, seat belt use across the country was as high as 89.6 percent. In 2017, Georgia’s seatbelt usage rate was an impressive 96 percent.

However, even with the high rate of seatbelt use, there were still more than 37,000 people killed in motor vehicle accidents in 201. Of this number, as many as 47 percent of these fatalities were not wearing seatbelts at the time of the accident. This goes to show that there is still room for improvement in seatbelt use among car riders.

Published on: June 13, 2019

Know the Silent Symptoms of Traumatic Brain Injuries

by Robert N. Katz, Esq.

A brain injury is one of the most devastating injuries a person can suffer in an accident. Brain injuries are not only debilitating to the victim, but they can have a tremendous impact on the victim’s family as well.

Car accidents as well as slip, or trip, and fall accidents are two of the most common causes of brain injuries. And as serious as brain injuries are, they are also, surprisingly, one of the most difficult and complicated injuries to diagnose and treat. According to the International Brain Injury Association, approximately 1.5 million people sustain a traumatic brain injury (TBI) every year. Of these, 75% are classified as mild TBI. Unfortunately, a mild TBI is often unnoticed or misdiagnosed because many victims do not have visible symptoms that most people associate with a brain injury. Because of this, the mild TBI has been called a “silent epidemic.” However, the term “mild” can be misleading as these injuries can still have long-term and devastating complications on a victim’s life.

Many times a person may have been involved in a slip and fall or a car accident and, although he or she may not think they sustained serious injuries, could very well be overlooking some classic symptoms of a brain injury or mild TBI. Symptoms of a brain injury or mild TBI include (1) any period of loss of consciousness, even if just for a few seconds, (2) any loss of memory immediately before or after the accident, (3) any altered state of mind such as confusion or disorientation at the time of the accident, (4) any neurological problems including speech, vision or hearing, (5) headache, nausea or vomiting, and (5) fatigue, sleepiness or dizziness.

Published on: May 29, 2019

Disturbing Trend of No Helmets While Biking Endangers Children

by Robert N. Katz, Esq.

Despite laws in Georgia and throughout the country, it may be surprising to know that many American parents fail to require their children to wear protective helmets while riding a bicycle or scooter, or skateboarding.

Those were the findings of a new poll that surveyed 1,300 parents across the country. According to the poll, as many as 18 percent of the parents admitted that their children never wore bicycle helmets while riding a bike. More than 58 percent admitted that their children didn’t wear helmets while skateboarding, and 61 percent admitted that their children never wore helmets while riding scooters.

Bicycling, skateboarding, and riding scooters are becoming more and more popular in Atlanta, not just as a form of recreation, but also as a form of transportation. These activities, however, also have a high potential for causing serious, or even fatal, injuries to a child. When a parent allows a child to ride without wearing a safety helmet, this only contributes to the risk of the child incurring serious injuries which can have devastating and often life-long impacts.

Published on: May 13, 2019

Your Boating Safety Checklist

by Robert N. Katz, Esq.

Boating season will soon be in full swing in all over Georgia. Being on the water is one the greatest pleasures of life for avid boaters. As with any activity, however, it is important that you follow all safety precautions to avoid any accidents or injuries.

The National Safe Boating Council has its own general safe boating tips. The pre-departure boating checklist below will also help you be prepared for any unforeseen circumstances.

First of all, make sure that the weather conditions are not only pleasant, but also safe where you plan to go boating. Check weather forecasts as well as tide and current reports.

Published on: April 30, 2019

Who is Liable when Children Suffer a Dog Bite?

by Robert N. Katz, Esq.

With the warmer weather here, people will be out in parks and their neighborhoods, and many will be with their dogs. And while it is an almost universal truth that children love dogs, not all interactions between children and dogs involve are fun. Instead, a child may very well suffer a dog bite after innocently trying to show a dog some affection. After suffering a dog bite, many children end up with serious injuries, some of which can be serious enough to require surgery.

Over 4 million people are bitten by dogs each year, but only 17% of those get reported. According to statistics, children account for more than 50 percent of the dog bites recorded in the United States every year. They are also much more likely to suffer serious injuries. In Georgia, dog bites are considered a public health concern.

There are some things that parents can do to make sure that their child is not injured in dog bite attacks. Don’t leave your child alone with a dog. Pediatricians say that this holds true even for family dogs or dogs that are familiar to you. Remember, any dog can bite.

Published on: March 8, 2019

Spring time boating tune-ups can help avoid accidents

by Robert N. Katz, Esq.

Although spring typically isn’t known as a particularly busy time of the year for boating, there are still many boating enthusiasts who love the crisp air and the unique joy of boating during spring time. Boating during spring is exhilarating. It is also the ideal time to brush up on your boating skills, and make sure that your boat is in the right shape and tuned up not just for spring, but also for the more hectic summer boating season ahead. This way you, and others around you, will be sure to be safe whether you’re boating on Lake Lanier, the Chattahoochee River, or any other body of water in the North Georgia area.

Across the country, the Coast Guard estimates that as many as 80 recent of all boating accidents, caused by user error, involved boaters who had never undergone a boating education program. Learning how to operate and handle your boat is a must whether you plan on boating regularly or just a few times a year. Just as you would never dream of driving your car on the highway without knowing the basics of driving, learning the essentials of boating technique is also necessary to ensure not only your safety but also those around you on the water. However, a surprisingly large number of boaters every year see no problem in taking to the lakes and rivers across Georgia in boats without even a single hour of training or education. Operating a boat can be as, or even more, challenging than driving a motor vehicle. In fact, an untrained boater may be at an even higher risk of causing an accident than a motorist because of the special challenges posed by water currents, weather and other factors that are beyond the control of the boater. Not only can boating accidents cause severe injuries, they can also be fatal when the victim’s injuries disable them to the point where they cannot swim in the water and drown as a result.

To help reduce the number of boating accidents, the National Association of State Boating Law Administrators conducts a special campaign every year to encourage boaters to focus on safety during the spring months. This year, the special program will be kicked off during the week from March 17 to March 23.

Published on: February 8, 2019

Common Fall Accident Injuries That Have Lasting Effects

by Robert N. Katz, Esq.

Falls are a major cause of unintentional injuries around the global and the World Health Organization classifies falls as the second leading cause of such injuries and deaths every year. Every year, as many as 640,000 persons worldwide suffer a fall accident that leaves them with serious or fatal injuries, and seniors above the age of 65 form a sizable chunk of this group. In the U.S., 2.8 million people are treated in the emergency room or hospitalized for fall related injuries.

Many times, a fall accident can be the result of property that has been poorly or negligently maintained. In Georgia, business owners have a duty to keep their property safe and free of dangers, or warn of dangers, that could cause injury to their guests. If a guest on their property trips and falls, or slips and falls, and gets injured because of their failure to maintain the property, they can be held liable for compensating the party that suffered personal injuries.

A fall accident can result in a number of injuries, many of which can be serious. Here is a look at some of the most common injuries that occur as a result of slip and fall accidents.