Georgia Injury Law Blog

Published on: May 5, 2019

Crash Test Dummies on Ride Fall off: Amusement Park Insists Ride is Safe

Few things feel more like summer than a trip to the amusement park. As schools let out all over the state of Georgia in a few weeks, thousands will flock to Six Flags, White Water or other amusement parks throughout the state, or country, for some summertime fun. And while accidents on rides at amusement parks are rare, they are not unheard of. The safety of the rides at amusement parks around the country was called into question recently when two crash test dummies flew off their seats on a roller coaster and landed several feet away.

The two dummies were being tested to check the safety of the GaleForce roller coaster at Playland’s Castaway Cove in New Jersey. The ride was putting the dummies though a routine safety check, when the dummies, that were supposed to be securely restrained in their seats, flew off the ride midway and crashed into the roof of a nearby hotel. Fortunately, there were no injuries reported to the people at the hotel, although there was significant damage to the roof of the building.

According to amusement park officials, the fact that the crash test dummies flew off the ride is no cause for alarm. They insist that the ride is safe, and has been safe ever since it was launched. They say that there was no failure of operation or machinery, and that this incident was a result of the dummies not being used properly on the ride.

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: April 21, 2019

Georgia DOT Launches Work Zone Safety Campaign

by Robert N. Katz, Esq.

Every year, hundreds of motorists and construction workers in Georgia are injured in accidents in highway work zones. To raise awareness about the important of safety in these zones, the Georgia Department of Transportation recently launched a special awareness and education campaign.

The campaign is called Drive Like You Work Here, and it aims to raise awareness about the special dangers construction workers face while working in highway work zones. These construction workers provide a vital service to the nation, namely by helping with infrastructure development projects that are oftentimes the lifeblood of our state’s economy. However, they are also frequently at risk from motorists who fail to understand the need to pay special attention they drive through these congested work zones.

It is not just construction workers who are at risk when motorists drive through these highway work zones without paying attention, but the motorists themselves are also at risk for serious injury when they are inattentive or speed through a zone. In the year 2018 alone, there were 52 accident related fatalities in work zones in Georgia. These fatalities were all members of the public, meaning none of the fatalities involved a construction worker.

Published on: April 15, 2019

What you Need to Know about Pedestrian Safety Laws in Georgia

by Robert N. Katz, Esq.

The number of pedestrians has been increasing all throughout Georgia as more people choose to walk for health or recreational reasons. The City of Atlanta has especially taken extra efforts to become a more walker friendly town. Therefore, as a pedestrian, you should be aware of the protections and rights afforded to you under Georgia laws. Learning about these laws will help you obey traffic rules as well as keep you safe.

First of all, pedestrians have the right of way on a marked crosswalk in Georgia. If you are already waking on the crosswalk, then all motorists must stop and yield to you. The law requires the driver of a car to stop and remain stopped while the pedestrian is crossing the road. The motorist can only resume driving when the pedestrian has safely completed crossing. This essentially means that a motorist can’t try to squeeze by you, or barely give you any room to squeeze by them while they are on the road.

However, the picture becomes different when you are crossing the road outside of a designated crosswalk. Now, the motorist’s have the right of way which means that you must yield to motorists who are driving. As a pedestrian, you also have the duty to look in both directions to first make sure that the street is safe to cross – a lesson that we all learned as children. This does not mean that a motorist can continue to speed towards you though. A driver still has the duty to avoid hitting a pedestrian if he or she is already in the process of crossing the street. A driver also must anticipate that a pedestrian could attempt to cross the street at any point, and has the duty to warn a pedestrian of their approach by honking the horn or give some other type of warning.

Published on: April 5, 2019

The Many Parties of a Negligent Security Claim

by Robert N. Katz, Esq.

Claims based on negligent security, which can arise after a person has suffered an assault, rape or other violent incident on another’s property, can be complicated to file.

A claim for negligent security is filed when a person has been injured on another person’s premises as the result of inadequate security. Examples of negligent security could be the failure to provide adequate illumination or security in vacant areas such as parking lots, failure to provide adequate security or protection to attendees at a concert or other event, and other incidents in which there are injuries caused as a result of the failure of the property owner to provide safe and secure premises.

In a claim based on negligent security, the property owner is considered liable if the injured party can prove that the property owner’s failure to provide adequate security at the premises led to a violent assault, attack, rape or any other incident that endangered the safety of the victim or the person bringing the claim.

Published on: March 26, 2019

Tips for Driving Safely around Large Commercial Trucks

by Robert N. Katz, Esq.

There is never a shortage of tractor trailers or commercial trucks on Georgia roads. This seems especially true during rush hour in metro Atlanta. Trying to maneuver around a large commercial truck or 18-wheeler can be challenging, to say the least. One of the main reasons why driving around a large truck is tricky is due to the fact that the truck driver may not always see your car, which makes the chances of a being in an accident that much greater. More often than not, when a passenger vehicle is hit in an accident by a large commercial truck, the resulting injuries can be very severe.

Here are some tips on what you should always keep in mind when driving around a large commercial truck or tractor trailer.

Do not come to a sudden stop in front of the truck. These trucks have a much larger stopping distance. This means that it takes them much longer to come to a complete stop after the driver applies the brakes. If you are driving in front of a tractor trailer, braking suddenly can mean that the truck may crash right into your car with devastating consequences.

Published on: March 18, 2019

Opioid-Linked Car Accidents are On the Rise

by Robert N. Katz, Esq.

The opioid overdose epidemic has been a top-priority for safety advocates as well as federal agencies for several years now. However, a little-known fact that has not garnered as much press is that opioid use has also contributed to an increase in the number of car accidents linked to drivers who were driving while under the influence of these painkillers.

A dependence on opioid medications or painkillers like Oxycontin has been blamed for a nationwide crisis that has raged unabated. In 2017 alone, 47,000 Americans died as the result of an opioid overdose. Deaths from opioid overdoses increased 14% nationwide in that year. In Georgia, however, opioid deaths increased over 16% in 2017. And to make it more a part of the daily conversation, social media has been awash with images and videos of addicts passed out or dead in their cars, sidewalks and commercial spaces.

Now, researchers at the Center for Injury Epidemiology and Prevention at Columbia University Medical Center say that there is ample evidence that opioid painkillers and drivers high under the influence of medications like Oxycontin are also causing an increasing number of car accidents. Their conclusions are based on results from a study that was conducted on 18,000 drivers involved in fatal accidents between 1993 and 2016. According to the researchers, the number of fatal car accidents involving drivers under the influence of opioid painkillers actually tripled over this 25-year period.

Published on: March 13, 2019

Aggressive Speeding Drivers Cause the Most Serious Accidents

by Robert N. Katz, Esq.

Atlanta recently received the dubious honor of being ranked 4^th in the nation for having the most aggressive drivers, according to GasBuddy. Aggressive driving involves hard braking, swerving, but most often speeding. Accidents caused by speeding kill more people than any other accident factor, including drunk driving or distracted driving.

In the U.S, speeding accounts for at least one-third of all traffic fatalities every year, and has continued to be the single biggest factor contributing to crashes over the past two decades. In 2017, the last year for which conclusive data is available, speeding caused 27 percent of all traffic fatalities.

Speeding is a major traffic safety issue primarily because of the tremendous impact that results in an accident caused by speeding, compared to a moderate-speed accident. There are a number of other safety concerns associated with speeding. For example, data shows that motorists who are more prone to drive at high speeds are prone to other risk factors such as a failure to wear seatbelts. In 2016, according to the National Highway Traffic Safety Administration, about 49 percent of all people who died in speeding-related accidents were not wearing their seatbelts at the time of the crash, compared to 21 percent of motorists who were not in high-speed accidents.

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 28, 2019

Pedestrian Deaths at a 28-year High

by Robert N. Katz, Esq.

Pedestrian safety statistics in the United States are have been pretty grim lately. The National Highway Traffic Safety Administration states that in 2016, there was a pedestrian accident fatality every 1.5 hours in the United States. Even more alarming, the Governor’s Highway Safety Association (GHSA) found that the number of pedestrian deaths in 2018 were at a 28-year high.

Georgia was one of five states that accounted for almost half of the number of pedestrian deaths just in the first six months of 2018. In the Atlanta area, pedestrian deaths were also on the rise, especially in 2017, with an alarming number pedestrian accidents occurring on highways.

A recent report by the GHSA found that pedestrian deaths were higher among certain groups including the poor, people of color, and those without health insurance, as these groups were more likely to live in areas that have fewer sidewalks and are otherwise more dangerous for pedestrians. The GHSA also found that, the elderly and children were especially vulnerable to being struck as a pedestrian.