Articles Tagged with accident

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Skiing can be an exhilarating experience and a wildly fun activity, however, it’s an activity that is not without its dangers. In fact, skiing is one of the more dangerous activities that an individual can engage in.

Whenever someone is injured while skiing at a ski resort, it can be very difficult to pinpoint who is responsible. Liability can vary depending on a multitude of factors, such as whether any waivers were signed before engaging in the activity or the exact cause of the injury itself. Regardless of the origin of the injury, if you are ever at a resort and you are injured while skiing or snowboarding, you need to contact your Atlanta accident injury lawyer immediately.
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A few inches of snow might signal a typical winter day in some states, but in the temperate South, a few flurries can wreak havoc. This was the case in Atlanta on Jan. 28, as citizens quickly realized the seemingly harmless snowfall was anything but. Thousands of people left work early and fled to their cars in an attempt to make it home before the light snowfall turned the roads into perilous paths of ice. The mass exodus of drivers simultaneously fleeing the city combined with the dangerous conditions caused disastrous traffic jams and more than 1,000 accidents.

Now that the disaster has ended, we can reflect back on the legality of the matter. Amid the praises of relief and gratitude expressed towards the kind souls who helped their fellow citizens during the catastrophe, there were also several cries of outrage. Many employees were enraged that companies didn’t think to close their offices, with some even blaming their employers for accidents they got into on their way home. This predicament raises the question: Can employers be held liable if employees get in weather-related accidents driving to or from work?

Source: CNN
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You may recall, last year, when more than 4,000 former NFL players filed a class-action lawsuit against the league. The suit was filed on the basis that the league knew about the long-term medical risks associated with on-field head injuries, yet did nothing to inform the players during their time in the NFL, or assist afflicted players after their football careers had ended. After months of negotiating, both the league and the former players agreed to a settlement of $765 million. Now, however, the case has hit an unexpected delay that has some players worried it could take years before they see a dime.

After the negotiations last summer, the lawsuit was given to Judge Anita Brody for preliminary approval. Last Tuesday, Brody stunned those following the case by denying the preliminary motion. In her ruling, Brody stated she was unconvinced that the amount of money agreed upon would be enough to compensate all of the former players, and that she would like to see more data and analysis to prove that the funds are sufficient. Spokesman for the NFL, Greg Aiello, expressed confidence that the funds are adequate, but Brody will take the case no further until she receives additional documented proof.

The plaintiff lawyers accused of not negotiating enough money out of the NFL have held their ground, stating that their clients would be adequately covered by the amount agreed to in the settlement. If they cannot provide enough evidence to satisfy Brody, there are two options: they can go back to the mediation room and try to get the NFL to shell out more money, or they can take the case to trial—which would be costly for both sides, and could take years to reach a conclusion.

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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:

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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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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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A South Carolina man got into a fight with a local police officer in 2009. According to reports, the man was hit several times in the eye with the metal baton by the officer and received surgery for his injuries.

During the surgery, medical personnel removed the man’s eye.

The man filed a law suit against the police officer for medical expenses he incurred due to the fight. On November 11 of this year, a jury awarded $45,000 to the man. For more information on this story, visit Anderson Independent Mail.

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Household product recalls in the news recently included:

Martha Stewart’s enamel cast-iron casseroles: Enamel coating can crack or break during use, cutting and burning the consumer. More than 960,000 casseroles sold at Macy’s between June 2007 and June 2011 have been recalled. The product ranges in price from $25 to $170.

What to Do: Stop using this unsafe consumer product and return it to Macy’s for a refund. Call Macy’s at 888-257-5949 or go to www.macys.com for more details.

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A 25-year-old man hit by a tractor-trailer carrying an oversized load through North Georgia won a settlement for $5.6 million. A Peterbilt tractor and the plaintiff collided on the afternoon of April 19, 2006 on Georgia Highway 53 near Marble Hill.

As a result of the collision, the plaintiff fractured his hip and a lower leg. The subsequent medical bills incurred totaled $364,000, with at least $20,000 in lost wages. The plaintiff’s lawsuit against Custom Truck and Equipment Inc., which is based in Michigan, claimed recklessness and negligence. The lawsuit sought punitive damages as well as unspecified compensation for past and future medical costs, lost wages, and pain and suffering.

The defendants agreed to pay an initial payment of $1.6 million plus $4,000 a month for the next ten years, $5,000 a month for the second ten years and $6,025 a month for the rest of the plaintiff’s life to pain into an irrevocable trust.