Protecting Yourself After A Car Accident During The COVID-19 Outbreak

COVID 19 Personal Injuries Car Accident Georgia

During the current COVID-19 outbreak, we want everyone to know that there are additional steps that you can take to protect yourself after a car accident. Obviously, the safest thing to do for yourself and your community is to stay at home until the CDC, state, and local authorities give everyone the go ahead to resume normal day to day operations. We understand, however, that this is not always possible especially for essential workers and individuals that must travel to gather household essentials. The Williams Elleby team encourages everyone who must travel to protect themselves by adhering to the following suggestions during the COVID-19 outbreak.

STEPS TO TAKE BEFORE DRIVING TO PROTECT YOURSELF FROM COVID-19

Most people take reasonable steps to maintain their vehicles under normal circumstances but now is the time to go the extra mile. The last thing anyone needs during this time is to find themselves broken down on the side of the road without proper safety equipment.

Before leaving your house, make sure to have these items in your vehicle:

  1. Plastic disposable gloves
  2. Face mask
  3. Hand Sanitizer
  4. Fix-a-flat or similar product
  5. Cell phone
  6. Plastic bags

Also, we strongly recommend taking the time do give your vehicle some extra attention. A few steps to minimize the risk of a break down are:

  1. Check the air pressure in your tires
  2. Change your oil and filter
  3. Change your air filter
  4. Check your spark plugs and battery
  5. Make sure your tire iron, jack, and spare tire are readily accessible
  6. Top off your windshield wiper fluid
  7. Check your vehicle’s power steering, brake fluid, and coolant

CRITICAL STEPS AFTER A CAR ACCIDENT DURING COVID-19 OUTBREAK

Even if we take all the proper precautions, we cannot control the actions of other drivers. If you are involved in a car accident during the COVID-19 outbreak, there are some precautions you can take to protect your legal rights and keep your family safe. After an accident, immediately put on your gloves and face mask if you are physically able. If you get out of your car, remember to stay at least 6 feet away from the other driver(s).

Some post-accident rules are the same as those you should follow under normal circumstances like:

  1. Do not leave the scene of the accident
  2. Call 911
  3. Take pictures of the property damage with your cell phone
  4. Notify your automobile insurance company
  5. Do not admit fault

Other post-accident rules must be amended due to COVID-19 concerns. For example, you still need to exchange information with the other driver(s), but you should do so from a safe distance. For example, you can exchange cell phone numbers and text each other your contact information and insurance information. When the police arrive, politely explain that you would like to maintain a safe social distance while cooperating with the officer’s investigation. If you need to go to the hospital, consider calling an in-home family member to take you to the emergency room instead of riding in an ambulance (of course this only applies to injuries that are not life-threatening).

After you exchange information with the other driver and cooperate with law enforcement, remove your plastic gloves and place them in a plastic bag. Immediately sanitize your hands with hand sanitizer and do not touch your face. If anyone else is in your vehicle, resist the urge to touch them until after you are home, and have thoroughly cleaned yourself.

One of the most difficult challenges facing car accident victims in the COVID-19 era is finding medical care. Obviously, the emergency room is not ideal except in the direst of circumstances. Also, many doctor offices are closed or not accepting new patients. However, some medical facilities are offering telehealth options. If you are in the Cobb County area, medical facilities like Benchmark Physical Therapy and Resurgens Orthopaedics offer virtual visits that can be completed using a computer, laptop, tablet, or smartphone. If your injuries are back or neck related, chiropractic offices may be a good option. Cobb County providers that you may consider are Lake Pointe Wellness Center and Lake City Chiropractic.

Most importantly, listen to your body and take the necessary steps to get the care you need so that your injuries do not get worse.

CONTACT A PERSONAL INJURY LAWYER

In order to properly protect your legal rights, it is very important to contact a reputable personal injury lawyer as soon as possible after a car accident. Williams Elleby partners, Joel Williams and Chase Elleby, are available for free phone consultations during the COVID-19 outbreak. Simply call 833-LEGALGA  (833-534-2542) to speak with us today.

If you prefer a more personal touch, we can arrange for a ZOOM meeting at a time that is convenient for you. We are here for you in your time of need.

Daylight Savings In Kennesaw Begins Sunday, March 8, 2020

Daylight Saving 2020 Clock

Prepare to “Spring Forward” because daylight savings time begins in Kennesaw at 2:00 a.m. on Sunday, March 8, 2020. After a long, cold, and wet winter, most Georgia residents will gladly sacrifice an hour of sleep for the longer warm days of spring. But you may be asking, “Why in the world does a personal injury law firm care about daylight savings time?”

At Williams Elleby, we are client centered and family orientated. This means we are always looking for helpful hints that may benefit our clients as well as our Kennesaw and Acworth friends and family. Lets start with a few ideas for fun outdoor activities in and around Kennesaw during the longer daylight hours and we will end with a few tips to keep you out of legal trouble.

5 Fun Daylight Activities in Kennesaw and Acworth

  1. Swift-Cantrell Park: Swift-Cantrell Park is a world class recreation park located in the heart of Kennesaw. It is spread over 42 acres and offers several outdoor activities for Cobb County residents and visitors including a dog park, two running trails, picnic pavilions, age appropriate playgrounds, a skate park, fitness station, and a splash pad for summer months.
  2. Acworth Beach: A beach in north Georgia? Yes!!! Acworth Beach is located on the north shore of Lake Acworth. It is the perfect place for a family to soak up some sunshine and for children to burn off energy on the playground. Other features include a walking trail, fishing, and a picnic area. After leaving the beach, visitors can grab a great evening meal at some local Acworth hotspots like Henry’s Louisiana Grill or Center Street Tavern.
  3. Kennesaw Mountain National Battlefield Park: Kennesaw Mountain is a national park in Kennesaw that spreads over 2,965 acres. In addition to the educational opportunities available at the park’s visitor center, there are several miles of hiking trails that will accommodate all fitness levels. A map of the parks hiking trails can be found here.
  4. Noonday Creek Trail: Noonday Creek Trail is 8.5 miles long beginning at Market & Elm Streets in Woodstock and ending at Kennesaw Mountain. Due to its asphalt surface and flat terrain, the trail is perfect for long distance running, interval running, biking, roller skating, and walking.
  5. Cobblestone Golf Course: Cobblestone is public golf course nestled along the banks of beautiful Lake Acworth. Golf enthusiasts will love its Bermuda greens, white sand bunkers, and views of Lake Acworth.

Dangers Associated with Daylight Savings Time

            Daylight savings time and longer days are great but losing an extra hour of sleep can cause problems associated with drowsiness. One of those dangerous problems is fatigued driving which can lead to serious injuries and death.

Have you ever been driving down the road when you began to yawn and your vision got cloudy only to be jolted into reality by the sound of rumble strips passing beneath your tires? If so, you are not alone. According to a National Sleep Foundation poll, 60% of adult drivers, or 168 million people, reported driving a vehicle while feeling drowsy. According to the study, 103 million of those people actually fell asleep at the wheel!

Most Georgia citizens lead stressful lives filled with work, community events, and family obligations. These factors combined with losing an extra hour of sleep can be a recipe for disaster. Prepare for daylight savings time by going to bed an hour early on March 7, 2020. It could save your or someone else’s life.

Fatigued Driving is Deadly

Kennesaw and Acworth are cities filled with outdoor enthusiasts ranging from runners, bikers, and casual walkers. Although these cities have gone to great lengths to provide crosswalks and sidewalks for their citizens, fatigued drivers still pose a hazard. It is time for all of us to consider whether we may be one of the fatigued drivers that are endangering our friends and neighbors.

The National Sleep Foundation has identified groups of people who may be at an increased risk for sleep related automobile crashes. These groups include shift workers, commercial drivers, males under the age of 26, and business travelers who spend many hours driving. Additionally, individuals who get less than 6 hours of sleep, suffer from insomnia, or work more than 60 hours per week may face an increased risk of causing a fatigued driving crash.

If we are honest, many of us are at an increased risk of causing a fatigued driving crash. When we combine other risk factors with the loss of an additional hour of sleep during the daylight savings time transition, we endanger ourselves as well as others.

Lawyers for Victims of Fatigued Driving Car Accidents 

Our lawyers encourage everyone to do everything possible to avoid sleepy or fatigued driving. As the Georgia Department of Transportation likes to say “Drive Alert Arrive Alive.”

Crashes caused by fatigued drivers often lead to serious personal injuries as well as civil lawsuits for monetary damages. The Williams Elleby team has handled numerous personal injury cases involving car accidents caused by fatigued drivers. Some of these cases caused serious and catastrophic injuries to our clients and resulted in significant monetary settlements.

If you have been injured due to the negligence of a sleepy or fatigued driver, we may be able to help you obtain financial compensation from the at-fault driver and his or her insurance company. We offer free initial consultations. Simply call 833-LEGALGA or 833-534-2542 to speak with one of our Kennesaw based car accident lawyers.

Keeping Children Safe Around Dogs

Children Safe Around Dogs Personal Injury Attorneys Williams Elleby

Kids can be quite frustrating. The pets in your home can definitely agree. A young child may make the mistake of hitting the dog or pulling its tail. Even the most patient dogs can get a little angry at the kid. In these moments, the dog may even be tempted to bite the child. Kids and dogs can be great together, but you need to put safety over everything. Here are some tips for keeping children safe around dogs.

  1. Supervise

Young kids and dogs should not be left alone together. As the adult, it’s your responsibility to keep an eye on everything. Do not leave them alone, even for a moment. If you notice the child doing something wrong, like agitating the dog by kissing it , you can stop things before something serious happens. If something happens while you are in charge, it is your responsibility.

  1. Teach Children How to Interact With Dogs

Knowledge is power. While you want to keep an eye on the child and dog yourself, it’s even better if the child knows how to handle a dog themselves. First and foremost, children should know not to just go up and pet a strange dog. Every child should learn from a young age that they should ask politely if they want to pet a dog. Explain that some dogs are mean and some are nice. You need to ask the owner to make sure it’s a nice dog. They should also learn to approach the dog calmly and let the dog sniff them. Then, they can continue petting the dog. Make sure they don’t jump on the dog or play too rough. You should also teach your child how to recognize when a dog is not happy. One big tell is if the dog is growling or barking. If the dog is backing away, that’s also a sign it wants to be left alone. Explain that no matter how cute the dog is, you shouldn’t pet it if it doesn’t want to be pet.

  1. Pick the Right Breed

Not all breeds of dog are created equal. If you have children in your life, you should get a breed of dog known for being good with kids. Some of the most popular kid-friendly dog breeds include the Golden Retriever, Collie, Beagle, and Newfoundland. This also shows you don’t have to stick to small dogs. In fact, some of the best breeds of dogs for kids are medium to large dogs. You should also take the children with you when picking up the dog to ensure that they get along. You may even want to include them in the dog buying process. Don’t forget to search your local humane society first. It’s better to adopt than buy a pure breed dog.

  1. Send the Dog to Training School

If you have children in the house and plan to have even more, you need your dog to learn how to interact with children properly. We all know that babies and toddlers are destructive. You need to teach your dog how to handle this. One of your best options is to send you dog to training school. It will help teach your dog patience and obedience. When your baby climb on the dog’s head even after you told him not to, the dog should be trained not to get aggressive or bite.

  1. Use Reward and Punishment

Dogs and children can be trained in a similar fashion using classical conditioning. The premise of this method is to encourage proper behavior with reward and punishment. When the child or the dog does something wrong, you need to punish the guilty party to prevent that behavior from happening again. If they do the right thing, you should reward them with more play time or treats. Before long, the desired behavior will continue and any negative behavior will cease.

  1. Start Slow

Some kids take to dogs immediately. Others take a little more time. Do not feel the need to force it. Let them interact slowly until they both become fully comfortable.

Your dog is a part of your family. You want all members of your family to get along. If you follow these steps, both your child and dog will be safe. Soon, they will likely become the best of friends.

 

About the Author:

Olivia Harper is the co-founder of the blog Daily Dog Stuff. She is a reserved and passionate pet parent who loves to spend time with her Sibe, who keeps her active and social. Read more of her guides and tips by visiting the blog or following their page @dailydogstuff.

Mixed Results for Macon-Bibb’s Pedestrian Safety Review Board

Pedestrian Safety Personal Injury Williams Elleby

Pedestrian accidents are an unfortunate reality in Bibb County and throughout Georgia. While these accidents are somewhat rare compared to collisions between two vehicles, the outcome is often far more devastating. To combat the growing trend, the County developed a Pedestrian Safety Review Board. But has this attempt been successful?

Pedestrian Accidents Nationally

In 2006 alone, nearly 6,000 pedestrians died after being struck by a motor vehicle according to the Center for Disease Control. However, these fatal accidents pale in comparison to the number of severe non-fatal injuries that occurred during the same period. Nearly 129,000 Americans sustained injuries that required a trip to the emergency room.

These numbers do not cut evenly across all demographics. Pedestrian accidents disproportionally impact children and the elderly. Older Americans make up 20 percent of all pedestrian deaths, while one out of every five children that die in a traffic crash are pedestrians.

Intoxication also plays a major role in these accidents. Drunk drivers are less likely to notice a pedestrian or react in time to prevent a crash. The result: nearly half of all fatal pedestrian accidents involve alcohol use by one or more parties.

The Review Board

Born from the idea of one county commissioner, the purpose of the Board is to reduce and eventually eliminate the currently-growing threat of pedestrian accidents. The high number of fatal accidents led the county to move forward with creating the Pedestrian Safety Review Board. The Board pulls members from a variety of departments within the county, including the sheriff’s office, zoning board, and health department.

The Review Board is not without resources. Thanks to federal grants, they have spent approximately $40,000 on their “On The Move” campaign. In addition to awareness events, these funds also paid for lighted armbands free to anyone that walks at night. In addition to those funds, the board also received roughly $10,000 from the county Sheriff and the health department. This money has gone to additional awareness campaigns including signs and billboards. The Board does more than awareness and giveaways, however. They advise the county on how to spend money that could impact pedestrian safety, like sidewalk improvements.

Are their efforts working? The jury is still out. Since the formation of the board, the number of pedestrian accidents each year has fallen slowly but steadily. However, the number of pedestrian deaths in 2018 equaled the number of fatalities in 2016 and 2017 combined. Still, this is an improvement compared to other counties in the state who have not made similar efforts.

Contact a Georgia Pedestrian Accident Attorney Today

While the Review Board’s goal is noble, it is important to note that eliminating serious pedestrian accidents is years away at best. In the meantime, pedestrian accidents will remain a sad reality. If you have suffered an injury after being hit by a vehicle, you could have a claim for monetary damages. To learn more, reach out to the attorneys at Williams Elleby by calling 833-LEGALGA.

Family-Friendly Holiday Activities in Georgia

Georgia Holiday Activities

For many in Georgia, the holidays are a time for family friendly activities. Gifts are exchanged, songs are sung, and a good time is had by all. Eventually, however, you are likely to get stir crazy. In some cases, just getting out of the house could improve the mood for everyone. The good news is Georgia offers plenty of safe, family-friendly adventures during the holidays. Here are some of the best activities across the state that you might consider:

Six Flags Over Georgia: Holiday in the Park

If you are ready for a spectacle, the “Holiday in the Park” event at Six Flags Over Georgia might be exactly what you need. The park is packed with fun attractions, rollercoasters, and food. During the holiday season, they also load up on Christmas lights and other displays. This event runs throughout the season and is great for thrill-seekers or just to view the lights.

Holiday Lights at the Atlanta Botanical Garden

Speaking of lights, there are few options better than the display at the Atlanta Botanical Garden. Naturally beautiful, the Garden transforms during the holiday season into the amazing light show after the sun goes down. It is a must-see attraction for most families.

Drive-Thru Light Shows at Callaway Gardens Fantasy in Lights

If Christmas lights are for you but walking around a botanical garden in the cold is not, we have a compromise you might love. Callaway Gardens in Pine Mountain offers a sprawling light display known as Fantasy in Lights. The drive takes roughly 45 minutes to complete, and there are shops and snack vendors on location. The Gardens include plenty of other activities like a butterfly conservatory if you are looking to make a day of it.

Stone Mountain Christmas

If it is a variety you are after, Stone Mountain Park has lots of options. The park offers millions of lights to enjoy, and several shows including a 4-D version of Rudolph the Red-Nosed Reindeer. There is a large parade featuring Santa Claus among the activities. One of the highlights is a ride up the lift to the top of the mountain. From there, you have a great view of both the park and the Atlanta skyline in the distance.

Old-Fashioned Christmas at Dahlonega

If you are looking to spend Christmas in the Blue Ridge Mountains, Dahlonega is the place to be! Rich with history, the town’s old-fashioned Christmas celebration offers you the chance to step back in time. In addition to almost-daily events through December, there is no shortage of food and shopping mixed in with the beautiful scenery.

Staying Safe During the Holidays

Hopefully, you will have a wonderful holiday season free from injury. However, if you are involved in an accident, it is important to protect your legal rights. Let the team at Williams Elleby review your case and walk you through the claims process. By working with our professional team you can leave your claim to us and focus on the holiday season. Call right away at 833-LEGALGA.

How to Keep You and Your Family Safe as Georgia Nights Grow Longer

Georgia Family Safety During Fall Time Change

Keeping your family safe as Georgia nights grow longer is an important goal for every parent.   On November 3, 2019, we will move our clocks back and daylight will be reduced by an hour all at once.  The days will continue to get shorter until December 21st, which will be the shortest day of the year in Georgia.

The short days and long nights can be a drag.  It’s natural to feel more tired and less motivated.  These longer nights also bring some increased dangers.  Follow this advice to stay safe during the longer winter nights.

Night Driving

Shorter days mean more night driving.  Very few people love driving at night, and for good reason.  Visibility is more difficult and darkness cues your body to feel more tired. Only 25% of driving is done at night, but 50% of driving deaths occur at night.  The good news is there are things you can do to decrease your risk of being in a car accident at night. 

The following are some tips for safer night driving:

  • Clean your windshield regularly to avoid blinding or vision-impairing glare.
  • Don’t drive when you are tired or after you have been drinking.
  • Take an Uber or another rideshare if you have any doubt about your capacity to drive.
  • Avoid distractions like talking on the phone, eating, or looking for items while driving.
  • Check that all of your car lights are in good repair.
  • Replace your windshield wipers so you don’t smear your windshield and create vision problems when it rains.
  • Keep an eye out for wildlife which you can sometimes spot by the reflection in their eyes.
  • Don’t stare directly into oncoming lights.
  • Dim your dashboard lights.
  • Wear your glasses if you need them.

Leaving and Returning in the Dark

Short days mean you’ll be leaving and returning home in the dark more often. The darkness makes it easier for a criminal to sneak up on you and get away before you or someone else can identify them.

The following are a few tips to help you stay safe when you are coming and going from an apartment or business in the dark:

  • Be aware of your surroundings; don’t look at your phone or use headphones when walking around your apartment complex.
  • Don’t sit in your car for long periods.
  • Always lock your car and apartment doors.
  • Park in well-lit areas.
  • Walk to and from your car in well-lit areas.
  • Get to know your neighbors and watch out for each other.
  • Report suspicious activity around your apartment to the police.
  • Avoid businesses with dark parking lots.

In addition to following these best practices, you should immediately report any dangerous conditions at your apartment complex to your property owner or manager.  For example, if lightbulbs are out in the parking lot, report it. If the guard gate to your apartment complex is broken, report it.  If you’ve heard about an increase in criminal activity at your apartment complex, report it. 

Premises liability law requires that property managers and owners take reasonable steps to remove dangerous conditions that they know about on their property,  If they fail to adequately respond to a safety issue, they may be liable if a crime that occurs.  For example, after a shooting in the Brookhaven complex in Atlanta, Georgia, a lawsuit was brought against the property management company because they failed to fix a gate that had been broken for a long period of time.

Walking at Night

With shorter days, there’s a greater likelihood that you and your family members will be walking at night. You might go on family walks for exercise, to get the dogs out of the house,  or just to get some fresh air.  The reduced visibility at night can increase the likelihood of tripping and falling, being hit by a car, or becoming the victim of a crime, but don’t let fear deter you. If you are cautious, walking after dark can be both safe and fun.

The following are some tips for walking safely at night:

  • Wear light or reflective clothing so you are more visible.
  • Know your route and avoid areas with a reputation for being dangerous.
  • Stay alert and watch where you are walking.
  • Don’t use headphones or play on your phone.
  • Bring a flashlight or use a headlamp.
  • Tell someone where you are going and check-in with them when you arrive.
  • Stay in well-lit areas.
  • Walk with others or a pet when possible.
  • Walk with confidence.
  • Cross the street or change your path if you see someone suspicious.
  • Do not make aggressive comments towards other people or drivers.
  • Call the local police if you see a crime or suspicious activity.

If you’ve suffered a personal injury in Georgia, whether at night or during the day, the attorneys at Williams Elleby would be happy to meet with you to help you understand your legal rights and options. Call us at 833-LEGALGA to schedule a free consultation with one of our experienced personal injury attorneys.

What You Should Know About Daycare Liability Insurance in Georgia

Georgia Daycare Liability Insurance Personal Injury Attorney

All too often, accidents result in injuries for kids within Georgia daycares. It’s not hard to understand why, as kids get in accidents frequently. But in some cases, those injuries were directly caused by the negligence of the daycare or its employees. The emotional toll of having an injured child is bad enough, but the financial cost of caring for a severely injured child can be enormous.

With the potential for injury that a daycare carries each day, you might assume that every daycare would be required to maintain liability insurance. Unfortunately, that assumption would be wrong. Here are a few things you need to know to keep your family safe.

Georgia Daycares Are Not Required to Carry Insurance

It may surprise you, but Georgia law does not require a daycare to have an active liability insurance policy in order to operate. The state of Georgia has its own department for early childhood education known as the Department of Early Care and Learning. However, this agency lacks the power to require insurance in Georgia daycare facilities.

The requirements for daycares set out in Georgia law are much more lenient. According to O.C.G.A. § 20-1A-4(9), the authority of the Department of Early Care and Learning is limited to recommending formally in writing to the daycare that it is encouraged to carry a liability insurance policy. There are no consequences if a daycare facility chooses not to obtain a liability insurance policy sufficient to cover all of its clients.

Daycares Without Insurance Must Notify Parents

While they are of little comfort to the parents of a child that is hurt, the Georgia code does have some limited requirements for daycare facilities that decline to carry insurance. According to Georgia law, all daycare facilities that refuse to obtain insurance after receiving the recommendation to do so from the Department of Early Care and Learning must notify the parents whose children attend the daycare of that decision.

The daycare must give notice in two different ways. First, the daycare facility must post a written notice at the daycare in a conspicuous place. The sign must be readily visible for visitors and have letters at least ½ inches tall.

Second, the daycare facility must provide written notice to all parents by mail making them aware that there is no liability insurance policy in effect. The daycare is required to have each parent or guardian sign an acknowledgment of the lack of insurance coverage. The daycare facility must keep this written acknowledgment for as long as the child is at the daycare and for at least 12 months after the child leaves the facility. If the facility doesn’t comply with these notice requirements, they risk a fine of $1,000 per infraction.

A Georgia Injury Lawyer Can Help Obtain Compensation for Your Injured Child

If your child was injured at a Georgia daycare, it is vital that you discuss the situation with an experienced personal injury attorney. If the daycare was insured, an attorney might be able to negotiate with the carrier in an effort to settle the claim. If the daycare wasn’t insured, an attorney might be able to obtain the compensation your child deserves directly from the business. To discuss your case with an experienced Georgia injury lawyer, contact Williams Elleby, at 833 – LEGALGA today.

Bedsores: Can a GA Nursing Home Be Held Liable?

Nursing Home Negligence and Pressure Sores Personal Injury

Bedsores are one of the most common injuries that occur in Georgia nursing homes.  When you place a loved one in a nursing home, it is typically because they can no longer care for themselves and you are not able to provide the care they need. When you choose a nursing home, you are entrusting the nursing home’s administrators and staff with one of the most important duties imaginable: caring for another human being, your loved one.

Finding out that your loved one has developed bedsores can understandably feel like a violation of that trust. In Georgia law, you may have a legal claim against the nursing home and/or some of its staff members for the harm.

Pressure Ulcers and Bedsores

Pressure ulcers and bedsores are two different terms for the same condition of skin sores that develop as a result of limited blood flow to an area. Blood flow is limited when a part of the body is pressed up against something, like a bed or wheelchair, for a long period of time. Bedsores are more likely to develop on the skin atop bony areas such as the hip, ankle, back of head, and tailbone.

Bedsores range in severity from a red, swollen area on the skin’s surface to a deep open wound that may never fully heal. Their severity is identified by stages; stage 1 is the least severe and stage 4 is the most severe. More severe cases can lead to severe complications including sepsis, which is a body-wide infection, and even death.

Causes of Pressure Ulcers

Bedsores are a common problem in nursing facilities, particularly among patients with limited or no independent mobility. These patients are often spending the bulk or all of their days in bed or between a bed and a wheelchair. Being in the same position creates pressure at certain spots, which cuts off blood flow and causes bedsores.

Nursing homes sometimes argue that pressure ulcers and bedsores are unavoidable, but this is deceptive. It is true that even with the best nursing home care, pressure ulcers and bedsores sometimes develop. However, there are ways to significantly reduce the risk of bedsores. In fact, the Model Systems Knowledge Translation Center estimates that 95% of all pressures sores are preventable.

Legal Liability for Pressure Ulcers and Bedsores

Two of the most important steps for preventing bedsores in nursing home patients are repositioning the patient frequently and make sure skin is kept dry.   This means nursing home staff must promptly clean up any urine or feces for bedridden patients. Nursing homes are obligated to take these and other steps to prevent pressure sores. They must also provide adequate medical care for any bedsores that do develop. Unfortunately, nursing homes do not always live up to these responsibilities.

Get Legal Help for Nursing Home Malpractice and Negligence

There are far too many cases where a Georgia nursing home resident’s bedsores could have been avoided or complications minimized if the nursing facility provided the care it was ethically and legally required to. Fortunately, nursing homes and their staff can be held liable for their misconduct.  

Proving that pressure ulcers and bedsores are the result of negligent or intentional misconduct by a nursing home or its staff members and not an unavoidable consequence of being largely bedridden, can be difficult. Having counsel experienced in nursing home lawsuits can improve your likelihood of successfully obtaining fair compensation. If you would like more information or would like to discuss your case, contact Williams Elleby today to schedule a free consultation by calling 833-LEGALGA.

3 of the Most Common Daycare Injuries

Common Daycare Personal Injuries in Georgia

If you are like most parents, you put your children under the care of childcare professionals to keep them safe and entertained while you are at work or otherwise unavailable. While most childcare facilities employ carefully trained professionals that take the safety of your child seriously, the reality is that daycare injuries still happen. According to the Center for Disease Control, these are the three most common daycare injuries.

1. Playground Injuries

Unsurprisingly, injuries that occur on the playground are more common than any other type of injury at a daycare. The CDC reports that every year, more than 200,000 children suffer injuries on a playground. Of those, nearly half are considered serious injuries. Serious injuries include anything from broken bones to concussions to internal bleeding. The causes of these injuries can vary. In some cases, faulty playground equipment is to blame. In others, it is merely a matter of inattentive supervision that allows an injury to take place.

2. Loose Objects

Second on the list are injuries that stem from loose or falling objects. This can include anything from a child pulling an item onto themselves to a piece of furniture or equipment coming loose and landing on a child. These injuries can stem from faulty products, but they are more often than not related to unsafe practices by daycare workers.

3. Burns From Bottle Warmers

The third most common injury might be surprising. For parents of very young children, providing the milk or formula the child needs for the day may seem like the most pressing concern. But all too often, daycare employees use unsafe methods to warm bottles or fail to test the temperature before giving it to a child. The worst injuries come from makeshift bottle warmers used to heat multiple bottles at once, like a slow cooker. Too often, children will pull the cord of a bottle warmer or slow cooker only to be injured by the scalding water.

Daycare Accident Injury Attorney Kennesaw, GA

If your child suffered injuries at a daycare in Georgia, you should immediately have their medical needs met. Once your child has received treatment, it is essential to contact the Georgia agency responsible for regulating daycares, known as Bright from the Start. The agency reviews every complaint it receives and will decide if the daycare violated any statutes or regulations that may have led to your child’s injury.

Finally, it is essential to discuss your situation with an experienced daycare accident injury attorney. If a daycare worker’s negligence led to the injury of your child, you might be able to seek compensation from that worker, the daycare, or their insurance company. In the worst cases, it may be possible to obtain punitive damages from the daycare.

Kennesaw, GA, personal injury attorneys can help you obtain the compensation you deserve after a daycare accident injury. If you would like to discuss your legal options, contact Williams Elleby, today at 833-LEGALGA to set up your free consultation.

Animal Bite Injuries

Personal Injuries and Georgia’s Dog Bite Statute

Nearly one in five people bitten by a dog requires medical attention. It can be traumatic, painful, and disfiguring. When you or someone close to you has been bitten by a dog or other animal in Georgia, you may be able to recover compensation under certain conditions.

Georgia’s Dog Bite Statute

Georgia’s dog bite statute also covers injuries caused by other animals and almost any kind of animal behavior that causes injury. In order to prove that an animal’s owner is liable under the statute, the injured person must show that:

  • The animal is vicious or dangerous;
  • The owner was careless with the animal or let it “go at liberty,” which caused the injury; and
  • The injured person did not provoke the animal.

Georgia’s Negligence Law for Animal Injuries

Georgia is a “negligence” state when it comes to animal bites. In order to prove liability, the injured person must prove that the animal’s owner knew that the animal was “vicious” or “dangerous” and acted without reasonable care to restrain the animal or protect other people from injury. If an owner has no prior warning, it may not be possible to show liability.

Georgia does not have a statewide leash law; instead, individual counties have laws that stipulate how and when a dog must be restrained. In counties with leash laws, failing to have an animal on a leash is enough to show negligence of the owner.

Deadline for Filing an Animal Bite Lawsuit in Georgia

As with all personal injury claims, there is a statute of limitations specific to your state and the type of case that you are filing. This means that there is a time limit on your right to file a lawsuit after your injury or accident. In Georgia, the statute of limitations for an animal bite claim is two years.

Animal Bite Injury Defenses as an Animal Owner in Georgia

An animal owner who faces a dog or animal bite injury claim has several possible defenses under Georgia law, including lack of knowledge, reasonable care, and provocation. Since Georgia is a “negligence” state, an owner without the knowledge that their pet is vicious cannot be held liable. Likewise, if the owner did not allow the animal to “go at liberty” and was not “careless,” then the owner cannot be held liable. Lastly, if the reason why the bite victim was bitten was that they provoked the animal, the owner will not be held liable.

Damages for Animal Bite Claims

The type of damages that an animal bite victim might be awarded include:

  • Medical bills
  • Future medical bills
  • Pain and suffering
  • Loss of actual earnings
  • Loss of future earnings
  • Veterinary medical treatment for the victim’s dog if it also was injured in the same incident
  • Property damages
  • Future disability

For More Information, Contact One of our Georgia Dog Bite Attorneys

Are you considering filing a lawsuit due to a dog or other animal bite? It is important to seek legal advice so that you understand your rights and obligations. Contact  Williams Elleby to schedule a free consultation by calling 833-LEGALGA.