Articles Tagged with Atlanta

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.

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:

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

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.

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:

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.

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: 

The decision to buy versus rent is only the first hurdle in choosing your home, and placing your signature on a baited rental agreement can harm you financially. Whether you’ve spent days, weeks, or months searching for a new home, the most crucial steps begin right before you sign the contract.

It is important to approach any contract with knowledge of your state’s laws and your rights as a tenant. While specific laws may vary by county, these are some general tenant’s rights in Georgia.

  •  The Fair Housing Act prohibits denial of tenancy based on race, color, sex, religion, physical and mental disability, familial status, and national origin.

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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