Articles Posted in Negligence

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At McAleer Law, we specialize in personal injury and wrongful death litigation. Unfortunately, mistakes made before you contact an attorney could hamper your ability to recover compensation. You can increase your chances of having a successful case and recovering damages with these 10 tips:

  1. Know your rights. It is important to understand the rights entitled to you by both the state and federal government. Use www.Georgia.gov to stay informed about Georgia’s legal system.
  2. Avoid dangerous situations. While we can’t dodge all accidents, activities that are deemed ultra hazardous are best avoided. Inherently dangerous activities categorize the participant as strictly liable and may remove his or her right to sue.
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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: 

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Pharmacy Rx symbol

Pharmacy Rx symbol (Photo credit: Wikipedia)

More than 1.5 million people are injured each year in the U.S. due to medication errors, and about 7,000 are killed. When doctors or pharmacists makes a mistake with prescription medications, the consequences can be fatal.

Claims for prescription errors are often based on simple negligence, but can be attributed to professional malpractice. The following are the most common mistakes made by both doctors and pharmacies:

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When a loved one is in need of medical care, it is important to research all the options and choose a provider you feel comfortable with. Unfortunately, mistakes can happen, even with a carefully chosen healthcare provider.

Medical malpractice occurs when a provider, usually a doctor or hospital, fails to administer treatment that meets the customary standard of health care. Through medical negligence or misdiagnosis, malpractice may result in injury or wrongful death of a patient. In a medical malpractice case, the doctor, hospital, health facility, or government agency in charge of health care center may all be held accountable.

Recently, the U.S. Department of Veterans Affairs paid $91.7 million in malpractice claims, making this the largest judgment against a government agency in 12 years. Gross negligence, missed diagnoses, delayed treatment, and procedures performed on the wrong body parts were cited as the major medical mistakes of the government agency.

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When property owners become neglectful, they can unknowingly create a dangerous situation. “Slip and fall” accidents can happen anywhere. Falls that occur inside could be the result of bad flooring, wet walkways, poorly lit steps, or hidden defects. Icy patches, cracks in the sidewalk, weather-related conditions, and potholes are the most common causes of slip and fall accidents outdoors.

Fortunately, falls often result in minor injuries that heal quickly. However, slip and fall accidents have caused severe, debilitating problems, including head, brain, and spinal cord injury, herniated disc, bone fractures or breaks, and sprains. The neck, shoulder, and knee are also major areas prone to injury during a fall.

Property owners with dangerous conditions on their premises may be liable for accidents if they are aware of the conditions and take no action to fix them. The most common conditions attributed to owner negligence include:

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An estimated 2 million attacks occur each year with only 800,000 documented. While some breeds have the tendency for more aggression than others, animal attacks can happen anywhere, anytime. Sadly, many victims are under 10 years of age and dog bites alone make up for most child emergency room visits due to an animal attack.

Further, most dog bite attacks happen at a residence or in a neighborhood. In many cases, the dog owner’s insurance may be used to cover monetary damages such as hospital bills and pain and suffering. This allows a victim to seek justice against an insurance company rather than the close friend or neighbor that owns the animal.

In general, a dog with no prior bites or attacks will not be held responsible. The “one bite” rule is rooted in the law of foreseeability, meaning the owner had no way of foreseeing the attack, because one had never happened in the past. However, when a dog owner violates a local ordinance regarding animal control, such as not having her dog on a leash, the owner may be found negligent by failing to follow a safety ordinance- even when there is no evidence of a prior bite.   Many insurance companies and rental agencies already ban certain types of dogs, like Pit Bulls, Rottweilers, and Doberman Pinschers.

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In Georgia, adventure lovers can choose between six water parks, from the well-known Six Flags White Water to Valdosta’s Wild Adventures Splash Island. Six Flags White Water alone hosts more than 50 water-filled attractions for all ages, from those who can barely walk, to the thrill seekers ready to take on free falling slides. With so many attractions, it can be difficult to ensure the proper care is taken to protect all guests. The typical restrictions on more dangerous rides include height requirements, health and safety advisories, and accessibility guidelines. However, even with careful planning on the water park’s side, if an injury occurs, in some cases the park may be held liable.

In all water parks, accidents can happen, and it is important to determine if the injury was due to a mistake by the customer, or if the water park is to blame. If the water park owner’s negligence is in question, a thorough investigation is required to examine all aspects. For instance, were building codes and safety codes violated?

In one example, a Texas woman was fatally injured during a float ride when the inflatable raft unexpectedly deflated, trapping her underneath the water. In this instance, the water park was held at fault for not properly securing the ride, checking that all materials were in good condition, and ensuring the safety of guests.

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A Pennsylvania woman died days after she was struck by a power line that fell into her yard. Carrie Goretzka stepped outside to call 911 about the line and was shocked and burned by a live electrical wire that fell from trees. Rescue workers were unable to administer treatment until a utility crew came to cut off the power.

Goretzka’s family filed a lawsuit against the utility company, West Penn Power, and its related companies. It contends the companies are liable for Goretzka’s death because utility workers failed to properly maintain the wires that fell near her home.

The family’s attorney, Shanin Specter, says the power line failed at a point where it was spliced. He says workers using a splice device know to use a wire brush to clean oxides from the wires, otherwise overheating will cause the splice to fail.

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According to a Rochester, NY ruling, Deputy John DiDomenico was negligent when he rear-ended a car in stop-and-go traffic in 2004 while responding to a burglary call.

DiDomenico was driving below the speed limit without engaging his lights or siren, and smashed into the another car when he became distracted by his computer.

Yasmin Kabir, the driver of the other car, underwent spinal surgery and claims she is permanently injured.

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According to the Insurance Journal, an estimated 2,500 daycare programs in Georgia have failed to meet the state’s standards for children’s health and safety at least once in the past four years.

The Atlanta Journal Constitution also investigated Georgia’s daycare programs. The report found that 220 daycares received a failing score for at least two years in a row, and at least 200 of those day cares are still open.

One facility in Marietta encountered 191 violations in the last four years, including starving a child and releasing a child to the wrong parent, who happened to be blind. Unfortunately, some daycare facilities in Georgia are so neglectful that children experience severe injury or even death.

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