construction defect

Published on: December 28, 2011

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

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: April 1, 2011

No Injuries Reported in Atlanta area Nursing Home Roof Collapse

by Robert N. Katz, Esq.

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: 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, 2009

Search Efforts Continue after Atlanta Parking Deck Collapse

by Robert N. Katz, Esq.

Two days after a fourth level parking deck in Atlanta collapsed, damaging several cars, and resulting in, miraculously enough no injuries, rescue personnel were still not willing to take chances. Rescue efforts continued through Tuesday as Fire and Rescue personnel used cranes, dogs and thermal cameras to comb through the debris to search for any injured persons who could be trapped inside.

So far, there have been no reports of missing people, and the extent of the damage seems to have been restricted to the at least 38 vehicles that were damaged in the collapse. The deck in Midtown district collapsed at around noon on Monday.What caused the sudden collapse is still largely unclear.However, the company that acted as a general contractor and oversaw the construction of the deck was the same one that has been involved in another high profile, but far more serious accident last year.

As we have discussed in this blog earlier this year, the company Hardin Construction Company is the same company that was involved in the construction of the pedestrian walkway at the Atlanta Botanical Gardens in December last year. Yes, the very same walkway that collapsed while concrete was being poured, leading to at least eight people with injuries and one contractor dead.Earlier this month, in fact, Hardin was fined for its role in that collapse. The Occupational Safety and Health Administration cited the company for failure to see that the towers were properly braced, fining it $6,300.

Published on: February 26, 2009

Drywall in Georgia Homes Poses Health Concerns

by Robert N. Katz, Esq.

If it isn’t contaminated drugs, tainted milk products and lead painted toys that Georgia product liability attorneys constantly encounter, it’s the prospect of being poisoned in your own home by defective drywall. The Consumer Product Safety Commission (CPSC) is investigating whether gases emitted from Chinese-made drywall pose a safety risk to house owners, including those in Georgia.

The investigation is linked to complaints of sulfur-like gases that were being emitted from the drywall, resulting in corrosion of electrical wiring and plumbing in a few homes in Florida. Drywall is commonly used in the construction of interior walls, and currently the CPSC has no standards for the material. The drywall that has been the focus of close to 100 complaints by homeowners in Florida to the state’s department of health, was imported from China due to a shortage. The CPSC investigation will look at whether there are potential safety hazards in the use of the drywall, and whether a recall needs to be issued for the defective drywall. Besides Florida, the problem is expected to be particularly high in gulf coast states like Georgia, Louisiana and Mississippi. Parts of Louisiana and Mississippi that were badly ravaged by Katrina are likely to have several houses that were rebuilt after the hurricane, using the toxic drywall.

Symptoms of sulphur poisoning from the drywall include sulphur odors that are similar to the smell of rotten eggs. The house may have more problems with this electrical wiring and air conditioning systems that can’t be explained easily. Most importantly, people living in the house could be experiencing frequent respiratory tract infections, and unexplained dizziness.

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.