Premises Liability for Lightning and Fires

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Weekend Lightning Storm Causes Blackouts in Cobb County

Lightning storms in Cobb County on Sunday, July 11 left thousands without power, WTVM Atlanta reports. High winds felled trees against power lines, which led to the blackouts. DeKalb County residents were also hard-hit by the power outages. As of Monday morning, over 2,000 Georgia Power customers were still without power across the Atlanta metro area. Most of the power loss occurred in the southeastern part of the area. On Twitter, Georgia Power reported that over 25,000 customers were without power at one point during the electrical storm.

Tree Falls and Fires Damage Area Homes

In addition to power loss, the storm caused damage to homes and commercial buildings. One family in Cobb County had a tree fall through their roof, causing insulation from the ceiling to fall on their two-year-old daughter, who was lying in bed. The parents’ bed was also covered with broken glass. Lightning also led to house fires, with three house fires in Cherokee County linked to the storm, according to The Tribune Ledger News. Fortunately, none of the house fires led to reported injuries.

Owners Must Keep Property Safe for Visitors

With so many hazards arising from severe weather, injuries are likely. But if someone is injured in a house fire or by a fallen tree while on someone else’s property, who is responsible? It depends on whether the owner was negligent (that is, failed to take reasonable steps to prevent foreseeable injuries), and what kind of relationship the injured person has to the owner. Section 51-3-1 of the Georgia Code provides that if an owner invites someone to their property, they must take reasonable steps to keep the property safe. In Section 51-3-2, the Code states that if someone is permitted on the property but not invited (like a delivery worker), then the owner does not have the same obligation as a business invitee. However, the owner will be liable if they do something intentional or reckless that hurts the person.

Storms sometimes injure people in ways that no one can prevent.  But once the owner knows of a possible hazard, they have a responsibility to take reasonable steps to prevent injury. In other words, they might be held responsible for the weather, if their negligence causes their guest to be exposed to unnecessary harm.

Building Owners Are Responsible for Lightning Safety

How would Georgia law apply to a violent storm that causes a building fire and injures someone (like a customer) whom the owner (say, a business owner) has invited onto the property?  The business owner is generally responsible to the customer for keeping their property safe through measures like cleaning, repairs, and posting notice of any hazardous conditions.  If the owner could have taken reasonable steps to decrease the risk from a storm or lightning and didn’t, they may be responsible for their customer’s injuries. For example, the building code may require that structures of a certain height have a lightning rod. If the building fails to meet this requirement and is struck by lightning, the owner may be responsible for injuries that result to his customers from an ensuing fire.

Get Legal Help

If you or someone you know has been hurt in an accident, you may need legal help. Contact a premises liability lawyer at Williams Elleby Howard & Easter in Cobb County and find out about your options.

Wrongful Death in Collisions Between Cars and Large Trucks

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Marietta Tractor Trailer Accident Kills SUV Driver

A tractor trailer accident in Marietta killed one person on Saturday, July 9, according to NBC 11 Alive Atlanta. The accident occurred on I-75 near I-285. A Rav4 SUV made several unpredictable lane changes before colliding with a tractor trailer on the southbound side of the freeway. The Rav4 then rolled over a number of times before the driver, who was not wearing a seatbelt, flew from the vehicle. She was taken to Wellstar Kennesaw Hospital and pronounced dead. The Marietta Daily Journal reports that no charges have been filed in relation to the accident.

Most Deaths in Truck Accidents Are Car Occupants

According to the Insurance Institute for Highway Safety, most deaths in car accidents involving large trucks are not truck drivers but the drivers and passengers of small vehicles. In 2014, 3660 Americans died in accidents involving large trucks; 68% of these fatalities were in cars and other passenger vehicles, and only 16% were large truck drivers. If we only look at crashes between two vehicles, the numbers get even more stark: In two car accidents between large trucks and passenger vehicles, 97% of fatalities were the occupants of the passenger vehicle. Over the last 40 years, the number of deaths from these accidents has declined, but the rate of deaths of passenger vehicles has declined more slowly.

Georgia Law Holds Drivers Responsible for Wrongful Death

If someone dies in an accident in Georgia, their surviving relatives can sue the party at fault for wrongful death. In a wrongful death case, the survivor must prove that the other party failed to take reasonable care to prevent injury to the victim. Even if the deceased victim was partially at fault, the survivors can recover part of the damages if they can prove that the other party failed to take proper precautions, such as following the rules of the road.  Of course, the deceased victim cannot recover if he or she was 50% or more at fault for the tractor-trailer wreck.  The Georgia Commercial Motor Vehicle Traffic Code & Safety Rules is an example of the standards a driver needs to uphold.

Truck Drivers Have to Follow the Rules of the Road

Anyone involved in a car accident with a large truck faces tough odds of survival. If the driver of the car dies, his or her family can attempt to recover damages from the truck driver and the company who employs them. If the truck driver failed to follow the rules of the road or trucking regulations (state or federal), the surviving family members can argue that the driver was negligent and should be held responsible for damages. For example, under the Georgia Commercial Motor Vehicle Traffic Code & Safety Rules, vehicles cannot be more than 8’ 6” in width, and trailers cannot be more than 53’ long. If the large truck exceeded these limits and the size of the vehicle contributed to the accident, the survivors may recover under wrongful death.

Get Legal Help

If you or someone you know has been in an accident with a large truck, you need legal help fast. Contact a car accident attorney at Williams Elleby Howard & Easter for the advice you need.

Using an App While Driving is Dangerous

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Accident Victims Sue Snapchat

Using an app while driving is dangerous. Accident victims all over the country are suing social media app creator Snapchat, according to Inside Counsel Magazine. Some of them allege that a particular feature of the application, known as the Speed Filter, is distracting drivers and causing accidents. The Speed Filter measures the speed that the user is traveling and superimposes the speed over a photograph taken with the app. The lawsuits argue that this encourages users to look at the phone, rather than the road, while driving at high speeds, according to The New York Times.

Georgia Snapchat Accident Lawsuit

One of the lawsuits involves an accident near Hampton, Georgia. The accident occurred last year, when an 18-year-old woman crashed her car into another driver who was moving into the lane ahead of them. The accident lawsuit alleges that the driver, Christal McGee, was using the Speed Filter feature of Snapchat during the accident. Accident reconstruction indicated that McGee was driving about 107 miles per hour. The occupant of the car she hit suffered severe spinal injuries. He is suing McGee and Snapchat.

Texting and Driving is Negligent Driving

In Georgia, victims of car accidents can sue the driver at fault for negligence. In a negligence lawsuit, the victim must prove that the other driver failed to take reasonable care to avoid injury to other drivers on the road. This means following all the rules of the road, including speed limits. Texting while driving is illegal in Georgia, but there is no rule specific to use of other smart phone applications. However, any failure to pay attention to surroundings may be negligence, if a reasonable person would have kept their eyes on the road. Even if the victim is less than 50% at fault, they can still recover an award if the other party was also negligent.

Smart Phones May Cause Accidents

If a victim of a car accident believes that the other party was distracted by a phone application before or during the accident, they may be able to succeed in a negligence lawsuit. They would need to prove that the other driver wasn’t taking reasonable precautions to ensure the safety of those around them, perhaps because the phone application distracted them. In a case like the one involving McGee, the victim can argue that driving over the speed limit caused the accident.  The extreme speed of the McGee case may authorize the award of punitive damages.  If the other driver was texting, and the distraction caused the accident, this could also prove negligence. For example, if using the application required McGee to look away from the road for longer than a reasonable person would, especially while moving at a high speed, and this caused her to collide with the other car, the victim could prove that she was negligent and recover money damages.

Get Compensated for Your Injuries

If you or someone you love has been in a car accident, you need legal advice. Contact a car accident attorney at Williams Elleby Howard & Easter to get the compensation you deserve by calling 833-LEGALGA (534-2542) to schedule a free no-risk consultation.

Atlanta Crime Wave Could Make Property Owners Liable for Injuries

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More Violent Crimes This Summer in Atlanta

This summer has seen a rise in violent crime in the city of Atlanta, NBC 11 Alive Atlanta reports. This year has seen more murders than the same period in 2015. In May and June of 2015, there were 16 murders, while 2016 has seen 19 murders during the same period. The city is on track to count 100 homicides in a single year. Mayor Kasim Reed has formed a Gun Violence Reduction Taskforce called “Whiplash,” which will patrol areas of the city with the highest gun violence.

Larger Trends May Be Driving Increase in Gun Violence

The increase in gun violence and homicide may be part of a larger national trend, according to The Atlanta Journal-Constitution. But while several large American cities saw surprising increases in violent crime during 2015, the long-term trend across the country is toward fewer murders, according to factcheck.org. Also, researchers at Kent State University found that violent crime increases during periods of warm weather.

Property Owners Are Liable for Violent Crime in Georgia

In Georgia, property owners have a responsibility to customers and guests to keep their property reasonably safe. This includes taking reasonable steps to prevent violent crime.

In order to win a lawsuit for negligence against the property owner, the victim must prove that the crime was foreseeable. This often means that there have been similar crimes in the area in the past. The measures that the property owner must take depend on what is reasonable under the circumstances. For example, it may be reasonable to install better lighting in the parking lot, or to hire private security guards to patrol the premises.

Summer Crime Wave Should Put Owners on Notice

Rising crime rates may create a responsibility for property owners to take more steps to secure their property. Georgia courts have considered evidence of crime in a particular neighborhood as evidence that a property owner could foresee similar crime happening on their property. Attorney Joel Williams has recovered over $20 million for his clients that were victims of crime due to negligent security.  A notorious crime wave, like the one happening in Atlanta, should put business owners and landlords on notice that they must protect their customers and tenants against gun violence.

If the victim lives in a neighborhood with particularly serious increases in violent crime, this may be enough to hold the property owner responsible for failing to take reasonable measures to prevent the crime. Reasonable measures may include repairing locks, installing cameras, improving lighting, or installing alarms. If the reasonable measures would have prevented the victim’s injuries, the victim may be able to receive money damages from the property owner.

Get Legal Help

If you have been the victim of a violent crime, you may have the right to a money award from the people responsible. Depending on the facts of your case, you may be compensated for your injuries. Contact a premises liability attorney at Williams Elleby Howard & Easter in Cobb County today to find out more about your options.

June Shooting Could Be Wrongful Death

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Atlanta Man Dies from Police Gunshot

An Atlanta man died in late June when a police officer fired into his moving vehicle, The Atlanta Journal-Constitution reports. The man, Deravis Caine Rogers, 22, was fleeing from a parking lot. The police officer, James Burns, suspected Rogers of breaking into cars in the lot. The officer shot Rogers in the head, and Rogers died of his gunshot wound.

Atlanta Police Fire Officer for Excessive Force

Rogers was not armed at the time of his fatal shooting. The officer was not in danger of being run over by Rogers’ car as he fled the scene. Georgia Bureau of Investigation guidelines discourage law enforcement officers from firing their weapons into moving vehicles for safety reasons. Roughly three weeks after the shooting, the Atlanta Police Department conducted an internal investigation into the shooting and fired the officer. The investigation found that Burns used excessive force because they found that there was no obvious threat toward the officer from Rogers, according to The Savannah Morning News. The termination of Officer Burns will take effect Tuesday, July 19. However, he has not been charged with any crime.

Georgia Law Holds Cities Responsible for Reckless Cops

In Georgia, survivors of a deceased person can sue the person who caused the death. Section 51-4-2 of the Georgia Code provides that a surviving family member can sue the person who caused the death if it was intentional or negligent. In general, employers are responsible for wrongful death caused by their employees while their employees are performing their job duties. City governments can claim immunity from lawsuits when the injuries happened because the government employee was doing their job. This is called sovereign immunity. However, sovereign immunity may not apply in cases where the police officer acted in reckless disregard for established police procedures.

Rogers Case Could Be Wrongful Death

In a case like that of Deravis Caine Rogers, a wrongful death lawsuit might succeed. Although Rogers is not alive to sue the Atlanta Police Department, his surviving family members could sue for wrongful death in his place. Even if Officer Burns did not intentionally kill Rogers, the investigation by the Atlanta Police Department seems to indicate that he acted without taking reasonable precautions for Rogers’ safety. The City of Atlanta could argue that they are immune from liability for Officer Burns’ actions, because he shot Rogers while performing his duties as a police officer. However, the surviving family members could argue that Burns was acting in reckless disregard for established police procedures by firing into a moving vehicle at an unarmed suspect.

Get Legal Help

If someone you know has been killed, you need legal advice. You may be entitled to compensation for the wrongdoing or negligence of those responsible. Get in contact with a wrongful death attorney at Williams Elleby Howard & Easter in Cobb County to find out more about your options.

Cobb County SUV Rollover Kills Mother

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Cause of Car Accident Unknown

Three people were injured recently in a car accident in Cobb County, according to WSB-TV 2 in Atlanta. No other cars were involved. Because the woman was in critical condition after the accident, police are not yet sure why she veered off the road. The Atlanta Journal-Constitution reports that she was later declared dead from her injuries at Wellstar Kennestone Hospital. Witnesses at the scene believe that the driver was trying to avoid an obstacle, but could not say for sure what that might have been. She apparently veered left and then overcorrected, which led to the vehicle tipping to the left. When it met the grassy median, it rolled sideways several times before coming to rest. The other two passengers, the driver’s 19-month-old child and a man from Marietta, were injured but stable.

Ford Explorer Rollover Defects

The Ford Explorer model of car has a long history of stability problems, leading to a reputation for rollover accidents, as discussed by PBS Frontline. Although a federal investigation into the safety of the vehicle’s design discounted defects, as The Washington Post explains, internal documents at Ford may show that the company was aware of design defects with the suspension and roof that could make the vehicle lethal in common rollover scenarios, like a tire blowout.

Georgia Products Liability Law

When car accidents occur for mysterious reasons and result in all-too-familiar handling or mechanical failures, it may be the fault of the manufacturer. Section 51-1-11 of the Georgia Code provides the legal basis for product liability lawsuits. That law states that the manufacturer of a defective product can be liable for injuries to a consumer, even if the consumer purchased the product through a dealer. Also, the defect of the vehicle needs to be the cause of the injuries.

Lawsuits for Rollover Defects

Because of the Ford Explorer’s long history of design defects that lead to rollovers, it’s possible that an accident like the one this past week could form the basis for a products liability lawsuit against the manufacturer. It would be necessary to show that it was a problem with the design or manufacturer of the car, and not some other factor, that led to the accident or made the injuries worse. For example, if it was the design of the road or the behavior of the driver that caused the SUV to flip over and eject the driver, this might prevent a product liabilities lawsuit from succeeding.

Injured by a Defective Product?

If you’ve been the victim of a car defect or other defective product, you need expert legal advice. Contact a products liability attorney today at Williams Elleby Howard & Easter in Cobb County.

Wrongful Death from Negligent Campus Security

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Parents of Student File Wrongful Death Claim

Last month, the parents of a metro Atlanta student who died on his college campus filed a wrongful death lawsuit against the school, according to NBC 11 Alive Atlanta. The student, Christopher Starks, was enrolled at Savannah State University. While at the student union one night last August, a person unaffiliated with the university shot him. He was taken to a nearby hospital, where he died of his injuries.

Negligent Security on College Campus

The student’s parents are suing the Board of Regents of the University System of Georgia for wrongful death. They argue that the campus was a dangerous and unsafe place. They also argue that there was no police or security in place in or around the student union the night their son died. Since the shooter is not believed to have been a student, they argue, adequate security would have prevented him from moving around campus and committing the crime. The Atlanta Journal-Constitution reports that another shooting death happened on the campus two years prior.

Georgia Wrongful Death Law

Sections 54-4-1 through 54-4-5 of the Georgia Code provide the law for wrongful death cases. A wrongful death lawsuit must prove that a person, business or organization has caused the death of another through reckless, negligent, intentional or criminal acts. Because the victim in a wrongful death claim is not available, their surviving relatives may bring the lawsuit. There are two kinds of wrongful death claims in Georgia. One is a claim to establish “the full value of the life of the deceased,” and seeks to recover the value of the person’s life. The second is to recover the costs related to the person’s death, such as medical and funeral costs, as well as pain and suffering endured by the deceased prior to death.

Wrongful Death for Negligent Security

In a case like that of Christopher Stark, the family wishes to prove that the university caused the death of their son through a lack of security measures. Further, they will need to prove that any failure of security came about through negligence, since it’s unlikely that the university caused any such failure intentionally. This means that they will need to establish that the university owed their son a duty of care to provide better security. In other words, the university failed to follow reasonable steps to keep the campus safe. If they are able to show these requirements, they can attempt to recover damages for the value of the young man’s life and his estate can claim damages for pain and suffering, funeral expenses, and medical bills.

Hire an Attorney

If you believe you or a relative may have a wrongful death claim or that you have suffered because of negligent security, contact a lawyer at Williams Elleby Howard & Easter in Cobb County immediately.

Employer Liability in Car Accidents

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Deadly Five-Car Pileup this Holiday Weekend

According to Fox News 5 Atlanta, there was a deadly five-car auto accident this holiday weekend in unincorporated Decatur. The accident involved a U.S. Postal Service delivery truck.

Reports indicate that a 23-year-old man named Jamon Freeman sideswiped another vehicle and then collided with three others, including the mail vehicle. One man was killed and several others injured. One of the surviving accident victims is in critical condition, NBC 11 Alive reports.

Imputable Negligence in Car Accidents

Although the facts so far are unclear, it’s conceivable that one of the victims in the accident might file a lawsuit alleging that the postal driver was at least partly at fault. If that were to happen, one important question would be whether the U.S. Postal Service would be liable for the injuries to the victims.

The legal doctrine of respondeat superior or imputable negligence in Georgia means that, in general, employers are responsible for the actions of their employees if those actions are within the scope of their employment. This law appears in Section 51-2-2 of the Georgia Code. There’s no definition in the statute for “scope of employment,” so the boundaries of this phrase are often disputed. Generally, if the employee’s activity is related to their work duties, it’s within the scope of their employment. This means that typically, if an employee is on-duty, then the court can find the employer liable for the employee’s negligence, but if the employee is off-duty, they usually cannot. For example, if an employee is driving a work vehicle during work hours and causes an accident, a court will usually find that their employer is liable for any negligence on the part of the employee. But if the employee is commuting to or from work and an accident occurs, the employer is generally not liable.

Negligent Hiring of Drivers

But even if the employer is not liable under imputable negligence, they may be liable under another rule: negligent hiring. In Georgia, negligent hiring requires the plaintiff to show that the employer knew or reasonably should have known of the employee’s tendency to engage in the type of behavior that caused the plaintiff’s injury. There is also a requirement of foreseeability. This means that the defendant must have been able to expect the injury caused by hiring the employee by exercising reasonable care. This is most often seen in cases involving tractor-trailer crashes.  Sometimes tractor-trailer companies will hire a driver despite knowing of his or her bad driving history.  If the truck driver has a history of speeding and causes a wreck due to excessive speeds, the employer may be liable for negligent hiring if the driver’s prior speeding violations were known to the company.

In order to show negligent hiring, there must also be a causal connection between the known incompetence and the injury in the case. In other words, It’s not enough that, just by hiring the employee, the employer puts the employee in a position where they could cause the harm. They have to know that the employee is in some way incompetent, and in a way that led to the injury to the plaintiff.

Need Help?

If you’ve been involved in a truck accident, you need legal help. Contact an Auto Accident Lawyer  Joel Williams today.

Decatur Homicide in Apartment Building

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Atlanta Area Murder Victim Found

In news that might have aspects of premises liability, a Decatur man’s body was found in the stairwell of an apartment building. The Georgia Bureau of Investigation is handling the case.

Shooting Victim May Have Been Tenant

Many of the facts surrounding the case are still not entirely clear. We know that the apartment where police found the body is across the street from Decatur High School. But it’s not clear from news reports whether the victim lived in the apartment complex, and if not, what he was doing there. The shooting victim was 52-year-old Gerard Foster, WSB-TV 2 Atlanta reports. Foster was recently ordained as a deacon at a church in Decatur. Police have recently released the names of two suspects they believe are connected to this murder.

Georgia Premises Liability Law

Businesses are responsible for making sure that their properties are safe for visitors, customers and residents. If they don’t, they can be liable for negligence. In Georgia, the landlord is not required to keep tenants safe from all kinds of harm. However, landlords do have a duty to take reasonable steps to prevent foreseeable criminal attacks against tenants. To show that the crime was foreseeable, it helps for there to be similar crimes in the past, but it’s not necessary that the crimes be identical. Previous property crime might warn a landlord that a violent crime against a person might be possible. For example, in one case a Georgia court found that previous burglaries should have warned a landlord that their security was insufficient, and made them liable for a later sexual assault.

Landlord Liability for Negligent Security

In a case like Gerard Foster’s death, might the apartment owner be held liable for negligence? First, Georgia law provides the most protection for tenants and their guests, so it would be important to determine whether Foster lived in the apartment building, or was a guest of a tenant. If he did, they might be liable.

It’s also important to know whether similar crimes happened on the property in the past. If other crimes have occurred which might have given the owners or management company warning that their security was insufficient a civil lawsuit may be viable. A court would also need to find that the failure of the owner or management company to act reasonable to keep the premises safe was a proximate cause of the later crime. For example, if the attacker had broken into the building through a broken window, we would need to know if anyone had broken into the building before, and if security measures (like burglar bars) would have stopped the later crime.

Are you the victim of negligent security?

If you think that the owner of a property failed to keep you safe, you need advice on how to get compensated. Get in touch with a negligent security lawyer at Williams Elleby Howard & Easter in Cobb County and find out about your options.

Sexual Assault and Medical Malpractice

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Georgia Doctor Practices After Sexual Assault

WSB-TV reported recently on a North Georgia doctor who committed sexual assault against his patients. He touched one of his female patient’s genitals unnecessarily during exams without wearing gloves, and made inappropriate comments about how they felt, according The Independent Mail. The patient caught the conversation on tape. After several of his other patients with similar complaints came forward, he was prosecuted for sexual assault. Even after the tape was admitted as evidence, the jury in his first trial could not come to a verdict. Faced with a retrial, the doctor plead guilty to a reduced charge of simple battery and served a light sentence. Georgia’s medical board placed restrictions on his license that require him to have a chaperone present when treating female patients and to wear gloves. But he is still practicing medicine in Toccoa.

Sexual Assault as Medical Malpractice

Dr. MacDonald has been convicted of a crime and censured by his professional body. There might also have been a civil lawsuit. Would Dr. McDonald’s actions have qualified as medical malpractice? Medical malpractice lawsuits usually argue that the doctor failed to diagnose or treat a patient competently, leading to medical problems. In other words, the standards of behavior in a medical malpractice case are determined by the standards of the medical profession. Of course, the medical profession would normally expect its members to respect the privacy and dignity of their patients wherever possible, but enforcing this standard doesn’t require a medical malpractice lawsuit. Typical medical malpractice cases involve failing to identify a medical condition correctly, failing to prescribe the appropriate medicine or treatment, or waiting too long to prescribe the correct treatment.

Civil Lawsuits for Sexual Assault

Victims of sexual assault by medical professionals can file a lawsuit for the civil law equivalent of assault and battery. Similar to the criminal version, civil assault requires that the doctor intentionally touch another person without that person’s consent. If a doctor fails to get his patients’ consent to touch them, he could be liable in a civil suit for battery.  Section 16-6-5.1 of the Georgia Code specifically provides that, in sexual assault prosecutions against doctors who abuse their patients, consent is not a defense. Victims of assault can seek punitive damages (damages meant to punish the wrongdoer ), as well as damages for physical injuries and emotional distress.

Get Help with Medical Malpractice

If you or someone you know has been the victim of medical malpractice or misconduct, you need to get legal help. Contact  Medical Malpractice attorney Joel Williams. He can help you understand your rights and help you get the compensation you deserve.