Premises Liability

Published on: January 23, 2009

Atlanta Residents Continue to be in Danger of Escalator Accidents

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.

Published on: September 28, 2008

Carnival Worker Injured in Amusement Ride Fall

by Robert N. Katz, Esq.

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.

Published on: September 12, 2008

Injuries Caused by Lightning at Outdoor Sporting Event

by Robert N. Katz, Esq.

Twelve people were injured this week in Houston County when lightning struck at an outdoor middle school football game.One adult is in critical condition.Lightning struck while crowds were evacuating the stands.

As school has resumed, outdoor athletic events are taking place during what has been an excessive storm season.When storms threaten, school officials and coaches must not let their desire to compete in the sport override crowd and player safety.

Each year many people are killed or injured due to misinformation and inappropriate conduct during thunderstorms.Lightning casualties have increased at sporting events and for children of school age.Most of this trend is related to outdoor sporting activities.Hence, schools and other sports organizations need to develop specific policies for lightning safety at sports events.

Published on: July 2, 2008

Six Flags Ride Kills Teen

by Robert N. Katz, Esq.

On Saturday, June 28^th, seventeen year-old Asia LeeShawn Ferguson, was decapitated when he was struck by the Batman roller coaster at Six Flags over Georgia in Austell, Georgia.

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.

Published on: January 7, 2008

Personal Injuries Caused by Faulty MARTA Escalator

by Robert N. Katz, Esq.

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.”

Published on: December 26, 2007

Wrongful Death Settlement of 6 Million Due to Shoddy Construction

by Robert N. Katz, Esq.

December 26, 2007

The family of Milena Del Valle, a passenger killed in the Big Dig Tunnel in Boston, Massachusetts, settled for 6 million dollars yesterday from one of the defendants in a wrongful death suit filed against 17 defendants.

While riding as a passenger with her husband in the tunnel, Del Valle was killed when 3 3-4 ton ceiling panels gave way overhead, falling and crushing her. Her husband escaped through the window of his sedan.