Premises Liability

Published on: January 7, 2013

Winter Weather Increases Slip and Fall Accident Hazards

Over the next few months, Atlantans will find themselves at an increased risk of suffering a fall accident.Icy roads, sidewalks, and parking lots pose a serious walking challenge for people.

Our Atlanta slip and fall accident attorneys see many injuries that are the result of business owners failing to maintain a safe environment for visitors.However, in the winter months, we tend to see an increase in slip and fall accidents that may have been prevented with a bit more attention to the dangers that exist when ice is present.Below are some friendly reminders of how to stay safe this winter season.

The most important thing to do is wear smart and appropriate winter footwear while walking outside.Wear flat shoes or boots that have non-slip or high traction soles.Avoid wearing footwear that has smooth slippery soles.Also avoid stylish stiletto heels or other footwear that is impractical for walking on slick surfaces.

Published on: August 15, 2012

Could Vitamin D Supplements Be the Secret to Preventing Fall Accidents?

by Robert N. Katz, Esq.

Fall accidents are extremely serious, especially when they involve the elderly.It is estimated that between 30% and 40% of all seniors will suffer a fall accident at least once every year.Our Atlanta slip and fall attorneys agree with research that also shows that many of these persons will never recover from their injuries, and many will have a much higher risk of dying in the 12 months following the fall accident.

Treatment for falls and fractures may be routine in the rest of the population but in the elderly, treatment is far more complicated and hard to predict.It’s the reason why it is so important to prevent fall accidents involving the elderly in the first place.

New research seems to suggest that daily doses of vitamin D supplements could actually help reduce the risk of fall accidents involving senior citizens.The research, which was published recently in the Annals of Internal Medicine, found that a daily dose of vitamin D supplements helped reduce the risk of fall accidents by as much as 17%.In the study, the subjects were given vitamin D supplements of around 800 international unit per day.The risks of suffering a fall accident was substantially reduced compared to people who did not take the supplements.

Published on: December 28, 2011

Indiana Offers $300,000 Wrongful Death Settlement to Families of Victims of Stage Collapse

by Robert N. Katz, Esq.

The state of Indiana has offered a settlement of $300,000 to families of each of the 7 people who were killed during a stage collapse at the Indiana State Fair in August. This amount is substantially below the settlement value of these types of wrongful death claims. The rest of the $5 million compensation fund will be paid out to people who suffered a personal injury during the stage collapse. As personal injury attorneys are well aware, when a government entity is involved, victims are seldom fully compensated for their injuries or the death of their loved ones.

The stage collapse accident occurred at the Indiana State Fair in Indianapolis on August 13.Rigging on the stage collapsed in the late hours of the evening, killing 4 people immediately.One other person died the morning after the accident, and 2 other persons died in the days after the collapse.More than 40 persons were injured in the collapse.Just before the collapse, fair organizers and security officials had noticed strong winds measuring 77 mph, and had even been considering postponing the concert by Sugar Land that was due to take place.However, those plans to postpone the concert never materialized.

Under Indiana’s liability laws, the state’s liability in an accident like this is restricted to $5 million.Now, the state has proposed its plans to divide the $5 million.The state is offering a settlement of $300,000 to the families of each person killed in the collapse.Families of victims, who had been hospitalized before their deaths, are likely to receive additional compensation.More than 60 other persons were injured in the collapse, and they will be compensated from the remainder of the $5 million fund.The compensation for those were injured in the accident, is likely to depend on the severity of the injuries.Some of the injured are being offered settlements that amount to just about 60% of their total documented medical expenses.One of the injured, who was left paralyzed, has been offered compensation of $500,000.

Published on: November 12, 2011

Construction Accident Injuries Are Likely Underreported

by Robert N. Katz, Esq.

A new report suggests that federal data on construction accident injuries is likely flawed because of the widespread underreporting of these personal injuries.The report by the Center for Construction Research and Training is titled Injury under Reporting among Small Establishments in the Construction Industry.It has been published in the American Journal of Industrial Medicine. Construction accidents often involve wrongful death and some of the most serious personal injuries. They are also a major source of workers comp claims in the United States.

According to the report, data from the US Bureau of Labor Statistics may be inaccurate because it underestimates the actual number of construction workers who are injured every year.The data from the Bureau of Labor Statistics does not include self employed or federal construction workers injured in accidents every year.These workers constitute approximately 25% of the national construction workforce.Data that does not factor in construction accidents and injuries that involve a quarter of the national construction worker population, is likely to be inaccurate. Additionally, Atlanta Workers’ Compensation lawyers often find that small construction companies are likely to under report injuries, or fail to report these injuries.

According to the report, recent changes made by the Occupational Safety and Health Administration to record-keeping procedures could also likely have contributed to underreporting of construction injuries.Between 2001 and 1995, the Occupational Safety and Health Administration made changes to its procedures, and has probably inadvertently encouraged underreporting such injuries.

Published on: October 26, 2011

Trial Date Set for Pipeline Explosion Lawsuits

by Robert N. Katz, Esq.

Persons who have filed personal injury and wrongful death lawsuits related to a deadly pipeline explosion in California last year that killed eight people and left dozens injured, will have to wait until July 2012 for justice.A judge in California has set a trial date for the lawsuits for July 23, 2012.Currently, there are more than 90 lawsuits that have been filed against Pacific Gas and Electric Co., the company that operated the pipeline.

Eight people died and dozens of homes were destroyed when a piece of natural gas pipeline ruptured and exploded in a section of San Bruno.The resulting flames blazed for hours, burning down homes.According to the National Transportation Safety Board, the explosion was a direct result of negligence by Pacific Gas & Electric Company.The pipeline which exploded had suffered a fracture from a partially welded seam on one section.

The pipeline had been installed in 1956, when the area was sparsely populated.However, the National Transportation Safety Board found that the pipeline did not meet the existing quality control and welding standards in 1956.The Board found that quality standards had been either overlooked by the company, or ignored.

Published on: August 16, 2011

Pregnant Women’s Exposure to Power Lines Increases Asthma Risks in Children

by Robert N. Katz, Esq.

Women who are exposed to power lines and other sources of magnetic fields are at a much higher risk of giving birth to children who develop asthma later.The results of a study which have just been published in the Archives Of Pediatrics and Adolescent Medicine, are very disconcerting. Although personal injury lawyershave been concerned about the issue of exposure to power lines, other studies have dismissed the issue.

The researchers used 801 pregnant women from Southern California in the study.These women were required to wear a monitoring device twenty-four hours a day.The device measured their exposure to magnetic fields.The women were required to wear the devices during the first and second trimester of pregnancy.The device measured magnetic exposure from a number of appliances, including vacuum cleaners and dryers.

After the women gave birth to their children, the researchers began to monitor the children over the next thirteen years.Over this thirteen-year period, the researchers found that 130 children developed asthma, most of them being diagnosed with asthma before they turned five.What’s more, the researchers found that each one milligaus increase in exposure to magnetic fields resulted in a 15 percent increase in asthma risks in children born to these women.

Published on: July 19, 2011

Slip and Fall on Rain-Slicked Hotel Floor Gets Million Dollar Verdict

by Robert N. Katz, Esq.

Described by her attorney as a “young, attractive executive,” Christine Garland was attending a sales conference that was interrupted by her slip and fall on the rain-clicked marble floor of the hosting hotel. She’s endured excruciating pain in the four years since, undergone numerous surgeries and was eventually forced to give up her lucrative job.

The hotel’s insurer had an opportunity to settle for $750,000. Now the chain may have to shell out $3.6million in damages, after a diverse Fulton County jury voted in the plaintiff’s favor.

In his closing statement, says the Daily Report, the plaintiff’s attorney honed in on the conflicting testimony of hotel staff. Some employees testified that prior to opening the doors of the conference room wet floor signs and safety mats had been posted as warning– other employees directly rebutted this testimony as did the plaintiff, Garland, and her boss. The other clincher for this case was the taped depositions of Garland’s treating physicians – graphic testimony that went unchallenged by the defending attorney. As a result, Garland received upwards of $800,000 more than requested in pain and suffering, and a great deal more than the $210,000 settlement initially put on the table by the chain.

Published on: July 3, 2011

Atlanta Seniors at Higher Risk of Injury in Slip and Fall Accidents

by Robert N. Katz, Esq.

Seniors in Atlanta are at a high risk of suffering serious injuries in a slip and fall accident because of their age, gait, vision problems and a number of other factors.A new study conducted in the UK focuses on how a senior’s direction of gaze and walking style affects his risk of a fall accident.

The research is being funded by the Age UK, and is probing the link between vision and a slip and fall accident.Researchers are specifically looking at the theory that a person’s risk of a fall accident increases when he is looking straight ahead, and not down at obstacles that are in front of him.According to the research, older adults who look directly ahead at obstacles in the distance may be at a higher risk of a fall accident than those who look at obstacles in front of them.

Age UK is planning more studies into the prevention of fall accidents involving the elderly.Soon, the group will initiate a new study involving people over the age of 65.Researchers are currently looking for subjects who will participate in this new research.The research will involve a four-hour experiment during which the subjects must walk over a 7 m walkway.The participants will be required to take precise steps on a target marked on the road, as well as over a series of marked obstacles.While they walk, a number of variables will measured, including the participants’ eye and body movements.Saliva samples will be tested.Participants will also be surveyed about their experiences while walking.Through this study, the researchers hope to determine safer ways of walking for senior adults.

Published on: June 7, 2011

Atlanta Hotel Window Safety in Question after Fatal Fall Accident

by Robert N. Katz, Esq.

Window safety at an Atlanta hotel, which was the scene of a horrific fall accident that killed a young woman, is now under scrutiny.Questions are being asked about how the hotel’s windows failed to prevent an accident caused by “horseplay” which resulted in the wrongful death of one woman and serious injury to another woman. As an Atlanta injury lawyer, I would thoroughly investigate the manner of installation of the windows, the design of the windows and window frame as well as any prior complaints or problems with the windows.

The victim, Lashawna Threatt and her friend were in the room on the 10th floor of the W Hotel in Atlanta.They were part of a group that was celebrating Threatt’s 30th birthday.According to the friend, Threatt and her friend were play fighting in the room when they suddenly crashed through the window.The two landed on a sunroof adjoining the hotel, and while the friend suffered injuries in the accident, Threatt died as a result of her injuries.She was pronounced dead at the scene.

Questions are being asked about how the two women could simply fly through a hotel window while they were playing.At this point in time, police are not investigating the safety of the hotel’s windows.They are calling this an accident.A criminal investigation is also underway.There are also indications that the family of the victims is planning a lawsuit against the hotel.

Published on: May 1, 2011

Study Finds Antidepressants Help Repair Brain Cells, Heal Brain Injury

by Robert N. Katz, Esq.

Traumatic brain injuries are some of the most devastating injuries that Atlanta auto accident lawyers see.These serious injuries can also be seen as a result of a slip and fall accident when a person sustains impact to the head.What makes these injuries even more devastating is that there is no complete cure for traumatic brain injury.All doctors can do is administer emergency treatment as quickly as possible.A new study indicates that the use of antidepressants can help increase brain cells, thereby helping treat an injury.The researchers believe that if a patient is administered antidepressant therapy right after a traumatic brain injury, in addition to all other kinds of therapies, it could help foster the survival of healthy brain cells after an injury.

The use of antidepressants in the treatment of brain injury is not exactly new.In fact, most patients who suffer from TBI are susceptible to depression, and are often prescribed antidepressants.However, a new study conducted on mice found that injured mice that were given antidepressants had up to 70% more brain cells after four weeks on the antidepressant therapy, compared to those mice with brain injuries who had not been given antidepressants.The mice had been given the antidepressant, imipramine

That’s not all.Researchers also analyzed the performance of the mice during a novel object recognition test, to determine whether the thriving of brain cells in these mice, actually contributed to better cognition skills.Researchers analyzed how much time the mice under the antidepressant therapy spent looking at new or novel objects.Researchers found that the mice that had received the antidepressant therapy spent at least 15% more time looking at the novel objects.This indicates that these mice found the objects to be new, thereby indicating better memory capacity.