Articles Tagged with Negligence

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Daycare abuse is a parent’s worst nightmare, and many of us just can’t believe that our trusted daycare providers could ever harm our children. Still, you should be aware of the signs that your child is a victim of daycare abuse so that you can best protect your child.
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The night of May 28, SWAT officers entered a Habersham County home. They’d received a tip about drug-activity at the house. Issued a no-knock warrant, the officers opted for the method of surprise. They burst through the door and threw a flash grenade into the house, hoping to stun and temporarily disable suspects. The grenade landed, exploding in the crib of 19-month old Bounkham Phonesavanh.  The SWAT invasion proved futile and tragic. There were no suspects and no drugs in the home.

The Phonesavanh family are not Atlanta natives. They are from Wisconsin and temporarily staying with family. Because the grenade landed directly in the baby’s crib, the incident left Baby Bou Bou, as he is fondly known, with an injured brain, collapsed lung, and disfigured face. Hearing of the child’s injuries, the Habersham county sheriff told news sources the police department would accept liability for coverage of the boy’s injuries.

Fast forward three months later, and Baby Bou Bou’s condition has greatly improved. However, his medical bills are rising exponentially and approaching $800,000. The Habersham County Board of Commissioners declared that they don’t intend on paying medical expenses. While they are fully responsible for the boy’s injuries, they did not give reasons why they are neglecting accountability.

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The McAleer Law Firm is pleased to announce a $1.16 million judgment in favor of our client in the case of Craig Franklin as guardian of Wanda Franklin v. Ryan’s Hope, LLC, et al.

Mrs. Wanda Franklin was severely and permanently injured from a fall out a second story window while residing in Ryan’s Hope, LLC, a personal care home.  The Franklins alleged Ryan’s Hope was negligent in failing to have adequate safety procedures and/or devices in place to prevent such falls from occurring.

Katherine L. Jackson, an attorney at The McAleer Law Firm, stressed the permanent damage caused to Mrs. Franklin in her argument before Judge Nancy Bills in the State Court of Rockdale County.  Judge Bills on November 21, 2013, awarded a lump sum of $1,160,976.69 in damages.

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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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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:

  • Failure to notify patient of possible side effects.
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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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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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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.