Georgia Injury Law Blog

Published on: June 10, 2010

Fewer Injuries for Unbelted Motorists with Airbag Deployment

It seems like a cruel trade-off. A new study shows that motorists involved in auto accidents who are wearing seatbelts may actually be at a higher risk of fatal injury in an accident when their vehicle is equipped with airbags, compared to unbelted motorists, who suffered fewer injuries.

The study conducted by the Insurance Institute for Highway Safety focused on more than 3,600 motorists between 2004 and 2007 who were involved in auto accidents. The researchers were stunned to find that motorists who used their seatbelts were up to 21% more likely to suffer fatal injuries in an auto accident, compared to motorists who were not wearing their seatbelts. The airbag designs in all these cases have been around since 2004, and, since 2008, have been part of the federal mandate for airbags. That means there are millions of cars out there equipped with these airbags, which seem to protect unbelted motorists against injury after an auto accident better than they do motorists who are safely buckled in.

There are no solid explanations for the results, but there are some theories out there.

Published on: June 9, 2010

McDonald’s Recall Throws Spotlight on Injury risk from Cadmium Exposure

by Robert N. Katz, Esq.

It doesn’t look like McDonald’s wants to be at the receiving end of injury claims resulting from parental ire over its massive recall of drinking glasses last week. It is no accident that the company is offering a three dollar refund to parents who come in to return the glasses. The glasses were initially sold for two dollars each. McDonald’s clearly recognizes the risk of injury the glasses pose to children.

Last week, McDonald’s announced a massive recall of approximately 13.5 million drinking glasses that were painted with characters from the Shrek movies. It was meant to be part of a promotional effort with McDonald’s teaming up with the makers of the last of the Shrek movies, Shrek Forever After.Soon, testing showed that the paint, used in the designs of the glasses, contained cadmium, an injury causing substance. The designs featured four Shrek characters including Shrek, Fiona, Donkey and Puss in Boots. As soon as McDonald’s found the high cadmium levels in the paint, it informed the Consumer Product Safety Commission, and announced the recall in an effort to stop any child from being injured.Parents who have bought these glasses can return these to the nearest McDonald’s restaurant for a refund.

It’s also the right time for Atlanta injury lawyers to focus attention on the risks of cadmium. It seems like concerns over lead-tainted products are slowly declining, and cadmium-related hazards are coming up in their place. Cadmium is a known carcinogen, and is found in shellfish, cigarette smoke and industrial settings.

Published on: June 6, 2010

Yamaha Rhino Gets Product Liability Verdict for Plaintiff

by Robert N. Katz, Esq.

A Georgia jury this week awarded a couple, damages of $317,000 in the first product liability lawsuit related to injuries from Yamaha Rhino All-Terrain Vehicles.

Roger McTaggart was injured in 2007 when his ATV flipped over, trapping his leg. He suffered crushing injuries in the accident. McTaggart filed a lawsuit against Yamaha, alleging defects in the Rhino ATV. According to his attorneys, the accident occurred on a flat piece of land on which it should have been safe to ride an ATV. McTaggart claimed in his lawsuit, that the Yamaha Rhino should’ve come with doors that would have contained the rider’s legs, thereby preventing crushing injuries in case of a rollover..

Not surprisingly, Yamaha insisted that the injuries were caused not because of any inherent stability defect in the Rhino, but simply because the driver operated the vehicle in a reckless manner. It’s highly likely that Yamaha will pursue this line of defense in most of the Rhino product liability lawsuits that are pending against it. Yamaha plans to appeal the verdict.

Published on: June 4, 2010

Bicycle Accidents – Safety Programs Reviewed

by Robert N. Katz, Esq.

Not everyone who begins biking takes part in a bicycle safety training program. It also doesn’t help that there are no valuable resources for novice or beginner bicyclists in Georgia. That’s why it’s good to see an online bicycle safety training program developed by a group of University of Georgia graduates for a bicycle advocacy group called Bike Athens.

The training program is available for free online, and consists of 36 slides, all containing bicycle safety instructions. There are interactive videos and quizzes designed to make the process fun. The program’s focus is on defensive driving tips for bicyclists, and includes modules on bicycle safety checks before you ride. This is something a lot of bicyclists, especially beginners, neglect to do. It’s important to know that your bicycle is primed and ready for a ride and that brakes and quick releases are all functioning properly.

Athens has a large concentration of bicyclists who will find this program useful, but a safety program like this is recommended not only for bikers in Athens, but elsewhere across Georgia. It’s not likely that experienced bicyclists, who have been biking for years, will find the safety modules interesting or useful. However, for novice and beginner bicyclists who very often get involved in accidents, the online safety program offers easy tips and helpful advice.

Published on: June 3, 2010

Distracted Driver Survey Shows Range of Distractions

by Robert N. Katz, Esq.

There’s not much comfort to be had from the realization that people in other countries seem to be just as distracted behind the wheel as Americans are. The results of a survey released last week show that, across the world, motorists take the task of driving far too casually, and continue to indulge in activities that take their concentration away from the road.

The survey was conducted by Jabra, a unit of GN Netcom, and included respondents from Europe, North America and Asia. According to the survey:

· 28% motorists have sent or received text messages while driving (no surprises here)

Published on: May 29, 2010

DeKalb and Emory to Partner in Care for Abused Elderly

by Robert N. Katz, Esq.

DeKalb County, Emory Healthcare Partner to Care for Abused Elderly

It is one of the first such initiatives anywhere in the country, and as Atlanta elder abuse lawyers, we are extremely proud that DeKalb County will be home to an exclusive elder abuse shelter and treatment center. DeKalb County prosecutors and Emory Healthcare are partnering up to provide a safe haven for senior citizens who are abused and have nowhere else to go.

Under the partnership, emergency workers will bring patients would have been abused to the geriatric center at Emory Health Care, which is donating a few beds for this very purpose. These elderly persons will be treated, and then be examined to look for any signs of physical abuse, and if the doctors determined that abuse has taken place, prosecutors will move in to prosecute the cases.

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: May 27, 2010

Deadly Memorial Day Weekend in Georgia; 14 dead in Accidents

by Robert N. Katz, Esq.

Fourteen people have been killed in accidents across Georgia over the Memorial Day weekend, including fatal accidents in Cherokee County and Fulton County.

Reports coming before the Memorial Day weekend came to a close to Monday night, had more than 700 people injured in automobile accidents since the holiday began on Friday evening. Overall, Georgia State Patrol responded to more than 2,700 accidents up till 6 pm Monday.

Four of the people who died were traveling in Fulton and Cherokee County. In Fulton County, a motorcycle accident left the 37-year-old motorcyclist dead at the scene. Speed is believed to have caused the accident. A little while later a Honda and a Suburban crashed, killing the Suburban driver. In Cherokee County, a Ford Taurus veered off the road on Highway 20 and crashed into a tree. A driver and a passenger, both Emerson residents died at the scene, while another passenger was airlifted to hospital with critical injuries. Investigators believe driver error and weather conditions may have been a factor in that crash.

Published on: May 27, 2010

Child Injured in Atlanta Power Window Accident Recovers

by Robert N. Katz, Esq.

A 21-month-old toddler, who sustained serious injuries when she was caught in a car power window, is recovering from injuries. The accident occurred last Friday when the child was alone in the family car with her three-year-old brother. The child’s neck became trapped in the power window when it suddenly became activated. She was initially unresponsive, and had to be rushed to the Barrow Regional Medical Center, and later to Children’s Healthcare of Atlanta. She is now expected to make a full recovery.

Fortunately, this horrible incident is like to have a happy ending. Injuries from activated power windows are not exactly unheard of. According to the NHTSA, every year, approximately 6 children die from power window accidents, and close to 2,000 children are injured.

Last year, Kidsandcars.org had conducted a survey that showed that power window accidents and injuries may be far more common than the NHTSA believes. The surveyors asked participants about whether they had ever caused injuries to anyone by activating a power window. Up to 6% of the participants admitted that they had indeed injured another person by activating a power window. According to Kidsandcars.org, when you translate those statistics into the general population in the United States, it works out to approximately 13.6 million power window-related injuries every year.

Published on: May 26, 2010

New Pool Safety Guidelines Call for Swimming Lesson for Children Below Age 4

by Robert N. Katz, Esq.

New Pool Safety Guidelines Call for Swimming Lessons for Children Below 4

The general wisdom, thus far, has held that children may only begin swimming lessons after they complete the age of 4. Pediatrician groups have traditionally believed that children below 4 years of age, may not be developmentally ready for swimming lessons. That attitude is now changing. According to the American Academy of Pediatrics, if children below the age of four have swimming classes, it could actually help prevent many pool drowning deaths

Drowning is the second biggest cause of unintentional death among children between the age of one and 19. The risks are dramatically higher for children between the age of one and four. Now, the American Academy of Pediatrics is recommending a series of steps to prevent drowning-related deaths in children of this age group, and swimming lessons is one of those measures.