premise liability

Published on: August 10, 2021

Fatal Elevator Accidents Prompt Regulator Concern

This summer brought the return of the vacationers in U.S. after a year of being unable to travel, and with it a return to the use of rental vacation properties. U.S. federal regulators are calling on vacation rental websites like Airbnb to review and strengthen their policies to protect customers from injuries caused by outdated elevators on properties listed on their websites.

The U.S. Consumer Product Safety Commission is specifically calling on platforms like Airbnb and VRBO to alert customers to the risks from outdated elevators on their rental properties. There have been a number of elevator-related injuries in such vacation rental properties across the country, and some of these injuries have been fatal. The most recent incident involved the death of a seven year-old child who suffered fatal injuries when he became entrapped between the doors of the elevator. The accident occurred at a beach vacation home.

The Consumer Product Safety Commission is calling on holiday and vacation rental websites like Airbnb and Trip Advisor to require their hosts who rent out these properties to disable any residential elevators on their properties. The Consumer Product Safety Commission is asking that hosts provide recent certification from inspectors, certifying that there are no hazardous gaps between the doors of their elevators.

Published on: December 20, 2019

Filing Slip and Fall Claims Involving Seniors

by Robert N. Katz, Esq.

As we age, we become more vulnerable to injuries, especially after an accident. Senior citizens have a higher risk of suffering falls due to a variety of reasons. Many of the reasons are caused by deteriorating health conditions, which in turn can result in serious injury after a fall accident.

As you get older, gait and balance may be affected and compromised, making it much more likely that you will lose your balance and suffer a fall. Muscular weakness is another common factor in slip and fall accidents. While bone health is a common focus of senior health, muscular weakness is often ignored. This is in spite of the fact that seniors may have a higher risk of muscular weakness as they age. Muscular strength is critical in helping to maintain proper gait and balance. If you’re suffering from weakened muscle strength, it becomes harder to maintain your balance and avoid a fall.

Worsening vision can also increase a senior’s risk of a trip and fall. Failing vision often contributes to falls. Ideally, a senior should have an eye exam every 6 months. If your loved one falls in this high-risk category, make sure that he takes regular eye exams. Regular physical exams are also very important.

Published on: August 14, 2019

Trespassing: How This Can Affect Your Premises Liability Claim

by Robert N. Katz, Esq.

In Georgia, when a person gets injured on someone else’s property, the injured party may be able to file a premises liability claim for their injuries against the property owner. However, there are some exceptions to the rule, trespassing being one of them.

In order to be able to file a claim for damages under Georgia premises liability law, you must have a legal right to be on the property. In other words, you must either be invited, or expected, on the property by the landowner when your injuries occur. Examples of these persons with this status can include shoppers at a mall, patrons at a restaurant, customers at a grocery store or department store, or guests at a hotel. People who are attending concerts or sporting events are also covered under the law because they have a legal right to be on the property. The legal right of the person to be on the party at the time of the injuries is often used by insurance companies and their lawyers to undermine premise liability claims. It is important, therefore, to determine your legal right to be on the property and identify if you were an “invitee,” a license,” or a “trespasser” in order to build a solid claim that protects your rights.

Sometimes, however, injuries occur when a person has no legal right to be on the property. This person is called a “trespasser,” and the laws governing trespassing and premises liability claims are complex. There is no black and white rule which states that all trespassers, without exception, are ineligible to file claims for damages if they are injured on a property.

Published on: July 3, 2019

Landlords are Responsible for More Than Just Slip and Fall Injuries

by Robert N. Katz, Esq.

The North Georgia area is experiencing exponential growth in population. And all these people moving to the area need a place to live. In addition to the already existing number of apartments and rental properties, apartment buildings are being built all across the Atlanta area. Many times people may feel forced or rushed to agree to live in a certain apartment because of either the lack of available apartments or the lack of affordable apartments to choose from. Unfortunately, when a tenant is living in an apartment or complex that has been poorly maintained by the landlord or property owner, there is a high risk of injury to the tenant and their family members. If this happens, the property owner could be held responsible.

A landlord has the duty inspect the rental property. The landlord also has a duty to act with reasonable care to make sure the rented premises are kept in good repair. A landlord’s failure to do so can make them liable for injuries caused as a result. A landlord can also be held liable for injuries caused by defective construction. A landlord of a leased apartment, house or other dwelling place cannot assign this duty to another party. In other words, the landlord itself has the duty to maintain the property, and cannot blame anyone else for its failures to do so.

When people think of premises liability cases or claims against property owners, slip and falls, or trip and falls, usually come to mind. However, with claims involving rental properties, a landlord can be held liable for far more. In some recent cases, landlords and property owners have been held liable for a variety of defective conditions at their property. Some of these include failing to repair the air-conditioning unit in an apartment building, causing the building to overheat to the point where it resulted in the death of an elderly disabled man. Another case involved the property owner’s failure to maintain and repair the balconies of an apartment complex, which caused a balcony to collapse onto a child resulting in severe and lifelong debilitating injuries.

Published on: June 6, 2019

Employers Can Be Liable For Their Employee’s Accidents

by Robert N. Katz, Esq.

We have all seen it too often in the Atlanta area – delivery drivers and other commercial vehicles driving too fast or recklessly for the traffic conditions in an attempt to get to where they need to be. Recently, there have been a few cases in the news where a driver of a commercial vehicle was involved in a car accident while on the job. In one case, a delivery driver of a very well-known sandwich company rear-ended another vehicle causing injuries to both people in the car that was hit. In other cases, a tractor trailer driver crossed a median and caused a head-on collision resulting in catastrophic injuries. And earlier this year, a limousine driver was driving too fast for the conditions causing the limo to swerve off the road and killing all eighteen of its passengers.

In all of these cases, the offending driver of the commercial vehicle was on the job when the accident occurred. In such situations, the employer of the negligent driver can be held liable for their employee’s actions. Under Georgia law, if an employee causes a car accident while driving a vehicle owned by his employer, it is presumed that the employee was acting in the scope of his employment. In order to avoid being held liable for the accident, the employer must show that the employee was not acting in the scope of his employment at the time the accident occurred. This doctrine is known as vicarious liability.

An employer can also be liable for their employee’s negligence under the theory of negligent entrustment. In order to recover compensation against an employer for their employee’s negligence, you must be able to show that the employer had actual knowledge of the employee’s negligent behavior. In other words, if the employer knew that their employee had a pattern of, or caused, other prior accidents, while on the job, the employer could be held liable if they did not take any action to prevent their employee from causing any further accidents.

Published on: May 5, 2019

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

by Robert N. Katz, Esq.

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: August 16, 2014

Playground Accident Preventable with Better Safety Precautions

by Robert N. Katz, Esq.

It’s too late to save the three-year-old boy who died in a playground accident in Alpharetta recently. However, parents of toddlers and children who will be swarming the state’s playgrounds over the next few weeks of summer must take heed. It’s very easy, and much more common than you know, for children to suffer serious or even fatal injuries while playing at the playground.

In the Alpharetta incident, the three-year-old boy was playing on the slide when he choked on a piece of twine. The caregiver had turned her attention away from the child, and had gone inside for a moment. That is when the accident occurred. The boy was sliding down when his head got caught in the twine. When the caregiver found the child, he was hanging from the twine. He was rushed to the hospital, but died days later.The cause of death was ruled as asphyxiation.

It appears that the piece of twine was at the top of the slide, and shaped like a loop. When the child was sliding down, his head got into the loop, cutting off his air supply.At this time, no charges have been filed against the caregiver or anyone else involved here.

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: 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: 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.