Articles Tagged with atlanta law

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You’ve probably heard the word asbestos in regards to the recent outpour of lawsuits filed over the harmful substance. Though asbestos is restricted in most areas now, its durability and resistance to heat and fire was once very attractive to builders and manufacturers who weren’t yet aware of the harmful and potentially deadly consequences of breathing in the substance. Over time, prolonged exposure to asbestos can result in serious illnesses, like mesothelioma, a cancer that invades the lungs and other organs. Now that we are aware of the risks associated with asbestos exposure, affected individuals are seeking compensation. So where do you start when filing a suit related to asbestos inhalation?

Breathing just a little asbestos each day can lead to serious health hazards over an extended period of time. Most cases of asbestos related illnesses occur in the workplace, especially those related to construction and building. But even worker’s family members and roommates can be vulnerable to asbestos related illnesses as well. This may happen if the worker comes home in clothes dusted with asbestos, and the roommates or family members breathe in the substance. It doesn’t take much to be affected.

The Environmental Protection Agency and the Occupational Safety and Health Administration protect individuals who are exposed to asbestos at the workplace. As for those individuals who aren’t covered by those standards, and who have been exposed to asbestos through a product, the liability for asbestos-related illnesses typically falls under product liability law. These cases are based on strict liability, negligence, or breach of warranty.

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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:

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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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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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Many of our clients end are awarded large sums of money at the end of their cases, either through settlements or jury decisions. But after the check clears, it can be hard to manage the funds to make sure they last.

Financial matters can be complicated—there are so many different ways to spend, save, and invest the money. So what should you do when you receive a large amount of money after McAleer Law wins your case?

Here are some answers to frequently asked questions that might help.

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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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The mother of a 32-year-old woman killed in a Chicago high-rise apartment blaze earlier this month has filed a wrongful death lawsuit. The suit alleges building management’s lack of a sprinkler system is directly to blame for her daughter’s death.

JoAnn McCoy, whose daughter Shantel perished in the January 8th fire, also claims building management “failed … to warn [the victim] of a fire” and “allowed [the victim] to use the elevators when [building management] knew or should have known it was not safe to do so.”

The fire injured nine others, including two firefighters.

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Trena Wells, an Illinois woman, went on a weekend trip to visit family, but ended up in the hospital with a permanent injury.

During the visit, her brother’s dog escaped from the house and was hit by a car. The dog, confused and in a rage, returned to the home and attacked Trena. Trena suffered puncture wounds, multiple fractures, and underwent several surgeries on her thumb’s nail bed.

She filed a personal injury lawsuit against the dog’s owner and has been awarded $140,000 by a jury. The Illinois Appeals Court later upheld the conviction stating that the owners lack of proper attention led to the dog’s original escape from the house.