Premises Liability

Published on: April 1, 2011

No Injuries Reported in Atlanta area Nursing Home Roof Collapse

More than 100 residents of a nursing home in Gwinnett County, Georgia were moved to another facility last week, after the roof of their nursing home collapsed.Fortunately, the 109 residents did not suffer injuries during the collapse. As an Atlanta injury lawyer, I have seen a number of roof collapses that did not turn out nearly as well. When it comes to nursing homes, we are generally more focused on nursing home abuse issues.

According to news reports, the collapse occurred around 10 AM on Thursday at the Golden Living Center at 213 Scenic Highway in Lawrenceville.According to facility staff, workers were in the process of replacing the entire roof of the building when the collapse occurred.Apparently, the workers were engaged in removing and replacing roofing materials at the time of the collapse.The collapse occurred in the dining area of the facility.

Fortunately, none of the residents were in the dining area during the collapse.However, there could have been serious injuries if the collapse had occurred later in the day.Just a short while after the collapse, the residents were scheduled to spend some time in the dining area.The residents have now been shifted to other living facilities.

Published on: February 23, 2011

Worker Killed in Forsyth County, Georgia Construction Accident

by Robert N. Katz, Esq.

There has been yet another construction worker death linked to a trench collapse accident in Georgia. These types of construction accidents often result in the wrongful death of the worker or serious injuries. Unfortunately, workers compensation benefits fail to truly compensate the family of the worker since the workers comp statute provides for such a limited payment for the death of the construction worker. One of the things that Georgia needs to revise is the death benefit provided under the workers compensation laws for a worker’s family. Of course, the family may or may not have an injury claim, but that will depend on whether any third party may be held liable for the workers’ wrongful death.

According to authorities in Forsyth County, the man from Covington, Newton County was working in a trench when the walls begin to collapse. Personnel from the Forsyth County Fire Department rushed to the scene, but by the time rescue crews arrived, the man had been completely buried under the soil.

The crews managed to clear the soil from his head and shoulders, but by then, the man has succumbed to his injuries. At the time of his death, it had been more than one hour since the collapse. The Occupational Safety and Health Administration has begun an investigation into the construction accident.

Published on: January 5, 2011

Beware of Atlanta Slip and Fall Accidents This Winter

by Robert N. Katz, Esq.

Slip and fall accidents cause significant and permanent personal injuries to individuals. Retailers and other property owners have a responsibility to keep their premises safe for their visitors. Likewise, visitors have a responsibility not to walk in areas that are clearly hazardous. The recent winter weather has greatly increased the risk of slip and fall accidents. The initial snow freezes and turns to ice. Likewise, we see a great deal of black ice in the winter in Georgia. Black ice is a thin layer of ice that forms on top of pavement. Unfortunately, retailers are often not very good at identifying and removing black ice that is not readily visible to visitors. The result is a significant number of slip and fall accidents that could be prevented.

Some parts of Georgia, like Haralson County, have recorded a 2-inch accumulation of snow, and in some of these areas, it has been the first such recorded heavy snowfall in years. For instance, in Haralson County, it has been the first such snowfall recorded in more than 129 years. While the snow has meant a picture-perfect Christmas to Georgia residents, it is also important to know that these beautiful snowy conditions can contribute to a slip and fall hazard.

You can avoid many of these accident hazards, simply by wearing sensible footwear during such weather. Put away your stilettos and party shoes, and wear winter shoes or boots to avoid a fall. You can also use clamp-on accessories that can offer better grip to prevent a fall. Be especially careful when you step out of the main door every morning, and look out for treacherous ice. Most of the fall accidents during this weather occur because people aren’t used to such icy conditions, and forget that they need to take special precautions when they walk in such weather.

Published on: September 20, 2010

How Safe Are Georgia’s Gas Pipelines?

by Robert N. Katz, Esq.

How Safe Are Georgia’s Gas Pipelines?

Last week, a tremendous gas pipeline explosion tore through a neighborhood in San Bruno, California, killing four people and injuring several others.The explosion has been linked to a rupture in the gas transmission line.Since the explosion, there have been reports that residents in the neighborhood smelled gas before the blast.They complained to Pacific Gas and Electric, the utility company that owns the pipeline, and never heard back.Now, it turns out that the pipeline which was installed in 1948, had been certified by the company as being at a” high risk of failure.”

Even though this happened in California, it’s very easy to feel uncomfortable about something like this happening in Georgia.When was the last time you saw utility company workers performing preventive maintenance checks and repairs of gas pipelines?Much of our national infrastructure is crumbling, and there’s no reason to hope that things are much different several feet below the ground.

Published on: July 6, 2010

Several Injured in Marietta Deck Collapse

by Robert N. Katz, Esq.

The Fourth of July celebrations quickly turned into a disaster for several holidaymakers in Marietta when the deck they were on collapsed suddenly. The people were standing on the deck when it suddenly pulled away from the wall and collapsed in a yard.

The deck was about 10 feet above the ground. At least seven people sustained injuries in the collapse. Fortunately, none of the injuries are believed to be life-threatening. At least one person suffered a head injury and five persons had to be rushed to the hospital with injuries. According to Cobb County officials, no children were injured in the deck accident. The injured included a group of adults who were having a cookout.

Premises liability claims in Georgia can be brought against private homeowners. Besides the owner of the property, the tenant or occupant at the time of the injury can be held liable in a premises liability claim. Often, persons are injured at the homes of people they know. It can be hard to bring a claim against a friend or relative. However, it’s important to know that most claims are settled through liability insurance policies.

Published on: July 1, 2010

Airline Passengers at Risk for Food Poisoning

by Robert N. Katz, Esq.

Airline Passengers at Higher Risk of Food Poisoning

All those jokes about bad airline food don’t seem so funny when you read a new report by USA Today. According to the report, Food and Drug Administration inspections have found poor sanitary conditions at some of the biggest airline catering companies in the industry. The conditions are so poor, that inspectors are warning of a higher risk of food poisoning in passengers who eat these meals.

The inspections were conducted at Gate Gourmet, LSG Sky Chefs, and Flying Food Group. Inspectors found a number of unsanitary and unsafe conditions at these facilities.

Published on: May 28, 2010

Single Focal Lenses Could Minimize Slip and Fall Accidents in the Elderly

by Robert N. Katz, Esq.

Single Focal Lenses Could Minimize Slip and Fall Accident Risks in Elderly Persons

Wearing eyeglasses with multifocal lenses can actually increase an elderly person’s risk of suffering a fall accident when he or she is outdoors. Therefore, senior citizens, who spend a lot of time outdoors, may be better served if they shift to single focal lenses. Those findings come via a study conducted by Australian researchers at Sydney’s Prince Of Wales Medical Research Institute.

The researchers studied a group of 606 senior citizens with an average age of 80, and gave half of them two pairs of glasses with single focal lenses. The remaining members of the group were asked to continue using their multifocal lenses as usual. Both groups were asked to record the number of fall accidents they suffered over a course of 13 months.

Published on: March 4, 2010

Killer Whale in SeaWorld Attack Killed Before

by Robert N. Katz, Esq.

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.

Published on: January 22, 2010

Boy Escapes Injuries after Fall Down a MARTA Elevator Shaft

by Robert N. Katz, Esq.

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.

Published on: January 4, 2010

Increased Highway Construction Work in Georgia Could Increase Accidents

by Robert N. Katz, Esq.

Georgia has 151 approved highway construction projects in the pipeline, all thanks to more than $400 million in federal stimulus funds. That means that in the next few years, there will be dozens of active highway construction, preservation and repair projects across the state. That is good news for Georgians who will expect improved infrastructure to enhance connectivity, boost local economies and create jobs. It may also however, create conditions that place Georgia motorists at a higher risk of accidents.

A New York Times report shows how failure to enforce uniform and strict laws governing construction work zone safety have killed thousands of Americans and injured many more. In the past five years. 4,700 people have been killed in accidents on highway work zones, and another 200,000 people have been severely injured.

The problem with highway work zone safety is that there is no national set of laws that governs work zone safety. As a result, you have laws that differ widely from state to state. Few states have strict systems in place to enforce work zone safety rules. These rules involve placing appropriate warning signs and barriers, correct and safe placement of unused construction equipment, the proper implementation of rolling road blocks to facilitate slow movement of traffic through a zone, and others.