Articles Posted in McAleer Law Team

Recently, a Georgia appellate court issued an opinion in a lawsuit stemming from injuries a man suffered while working on a homeowner’s property. According to the court’s opinion, the homeowner owned and operated a contracting, framing, and remodeling business. The plaintiff worked for the defendant’s company. On some occasions, the employer offered his employees an opportunity to perform tasks on his personal property, to earn extra money. This work was “completely separate” from their work for the company and was performed for the homeowner’s personal benefits.

On the occasion giving rise to the claim, another employee asked the owner if he could perform some tasks at his home on the upcoming Saturday. The owner agreed and paid the employee. The employee then asked the plaintiff if he wanted to make extra money by assisting him with the tasks; the plaintiff agreed. On the day of the incident, the homeowner left his residence while both the employee and plaintiff worked at his home. The employee told the plaintiff that the homeowner asked him to trim the fence and burn the brush. The employee began to spread gasoline to begin the fire; however, the brush blew up like an explosion and burned the plaintiff’s skin off.

The plaintiff filed a claim against the homeowner, arguing, that the homeowner was negligent for failing to supervise the brush burning, having gasoline on his property, not training the plaintiff as to the proper use of the gasoline, and not training the other employee on how to use or supervise the brush burning. Additionally, the plaintiff claimed that the owner was responsible for the employee under the doctrine of respondeat superior.

In a few short years, social media has become an inescapable addition to our lives. Each day, one of the first and last things we do include browsing and sharing news and photos with our networks. While these habits are part of our daily routine, in the midst of a personal injury case, it’s advisable to pull away from those activities for some time.

Everything on the internet is public, including so-called “private” profiles. Considerable amounts of personal details can be obtained with a quick scroll over your page. Because all this information is available for general public consumption or for purchase, courts are increasingly allowing social media transcripts admission in court.

Continue reading ›

McAleer Law Firm is pleased to announce a $225K judgment in favor of our client Robert Duffield, in the case of Duffield v. Chui.

Robert Duffield was severely injured in November 2007 when he was hit in the face by George Chui after both had attended a mixed martial arts match at Wild Bill’s in Duluth, GA. Duffield’s jaw was broken in the altercation, resulting in over $25,000 in medical costs.

In 2010, a Fulton County jury found for the defense, but the Georgia Court of Appeals ruled that the jury had been improperly charged to evaluate the case on negligence rather than battery.

Today, identity theft is a realer threat than ever before. After Target’s recent data breach sent hordes of consumers into a frenzied panic, people quickly shed the “it will never happen to me” attitude. One of the largest data hacks in American history, the breach lasted nearly three weeks and covered the busiest shopping time of the year: Black Friday through Christmastime. Over the course of that time, the credit and debit card information of over 40 million shoppers was compromised. The imminence and severity of this threat necessitates that all consumers fully understand identity theft and how to prevent it. Therefore, we’ve put together this list of frequently asked questions to help you take measures to protect yourself.

How Are Identities Stolen?

Identities are stolen in plenty of ways. The following are the more common ways in which scam artists have been known to steal private information:

The holiday season is a busy time for all, especially shoppers as they scourge the shelves for the best deals in sight. But with all the commotion in the store, it can be easy to forget the dangers outside.

This holiday season, don’t become a victim. Use our SMART tips for safe holiday shopping to avoid becoming the target of a potential crime.

S – Shop with a friend or family member, preferably during the daytime. Traveling with another increases your awareness while reducing the opportunity for a criminal. Less visibility makes nighttime shopping a dangerous activity.

Thanksgiving feasts and days spent with family mark the official start to our holiday season each year. According to the Department of Transportation, Thanksgiving is also the busiest time of the year, with more than 35 million people traveling by car to visit family and friends.

Combine distractions of a family road trip and an increase in traffic, and accidents are bound to happen.

Before you hop behind the wheel this Thanksgiving, check out our 10 tips for travel to ensure a safe and happy holiday:

Although the number of workplace injuries has fallen since 2011, according to the Bureau of Labor Statistics, the risk of injury or illness remains high for employees in air transportation, public sector construction, nursing homes, and some other jobs.

If you were injured while on the job, you may be entitled to workers’ compensation benefits. Depending on the severity of your injury, your employer could be held liable for lost wages, medical expenses, rehabilitation costs, and benefits to your dependents.

Take these steps after a workplace injury to ensure your claim is properly established:

Property owners have a duty to provide a reasonably safe environment for other who may enter their establishment. In the legal world, we call this premises liability.

When someone is injured on another person’s property and sues, courts first seek to determine whether the injured was allowed on the premises. If the owner consents to a person’s entry on the property, the person is deemed an invitee or licensee. When consent is not given, the person is considered a trespasser.

A property owner may be liable for injuries of an invitee or licensee if: 

Threats of government shutdown foster nationwide concern over which federal programs would be affected. Although several activities would ultimately come to a standstill during the shutdown period, many were thankful to hear social security would function as usual.

Established in the 1930s as a safeguard for seniors during the Great Depression, social security now offers coverage for those unable to gain employment due to disability. The program is the largest of several federal initiatives to provide assistance for people with disabilities.

To minimize fraudulent collections, the Social Security Administration (SSA) has set up numerous checkpoints to ensure appropriate coverage is given when needed. However, the resulting complex framework can be difficult to navigate for anyone outside the legal profession.

We’ve rounded up some of our favorite tips to help keep you and your family safe while traveling this weekend.

  • Limit distractions and buckle up.
  • Make sure to get enough sleep the night before a long trip. Caffeine and energy drinks will only help temporarily.