Dog Bites in Georgia – Not Dawg Bites

dog bites Georgia dangerous

Dog Bites in Georgia – Not Dawg Bites

On October 3, 2015, the Georgia Bulldogs were embarrassed by the Alabama Crimson Tide in a humiliating 38-10 defeat between the hedges in Athens. Time will heal the wounds of UGA loss, but those who are attacked by dogs are not always so fortunate.

We often hear news reports of dogs attacking children:

https://www.cbs46.com/story/28723023/dog-attacks-child-at-atlanta-park
https://www.cbs46.com/story/22066382/toddler-dies-after-pit-bull-attack
https://www.ajc.com/news/news/police-boy-14-attacked-by-three-pit-bulls-in-clayt/nhQxx/

But children are not the only victims:

https://blog.dogsbite.org/2015/04/2015-dog-bite-fatality-georgia-woman-killed-by-dogs.html
https://onlineathens.com/stories/081809/new_482836253.shtml#.VhPpM5iFPIU
https://www.wtvm.com/story/29471636/report-elderly-woman-hospitalized-after-anderson-dog-attack

If you or a loved one are attacked by a dog in Georgia, you need to know your rights. If you are the owner of a dog who has shown vicious propensities, you need to know your responsibilities.

In Georgia, absent a local leash law, the owner of a dog is not under a duty to confine it until the owner becomes aware of the dog’s vicious or dangerous propensities. Once the owner of a dog knows about the dog’s dangerous propensities, the owner must take steps to restrain and prevent the dog from going at liberty.

Dog bite victims must prove three things to recover in a civil claim: (1) the dog had vicious or dangerous propensities of which the owner was aware, (2) careless management of the dog, and (3) injuries caused by the dog. The first element is the hardest to prove.

Obviously, prior incidents of the dog biting or attempting to attack other people are sufficient to prove vicious propensities as long as the owner was aware of the previous incident(s). It may also be enough to show that the owner knew that his dog had previously bitten other dogs.

Perhaps the easiest way to address the requirement that the dog owner knew of the dog’s vicious propensities is to show that the dog was required to be at heel or on a leash by a city or county ordinance. In these situations, proof of a valid “leash-law” and that the dog’s owner was not in compliance with the ordinance at the time of the attack is all that is necessary to address the “knowledge of vicious or dangerous propensity” element.

Those who undertake to restrain dogs may also be liable for attacks if they do so in a negligent manner. Examples include (i) walking a dog on a leash when the person walking the dog is not physically capable of controlling the dog or (ii) placing the dog in a fenced in area with an open gate or holes in the fence.

Don’t get me wrong, I love dogs. Always have and always will. Most are wonderful companions and enhance the quality of responsible owners’ lives. However, dog ownership carries with it the responsibility of making sure that the dog is managed properly. If you fail to properly restrain a dog when you are required to do so by a local ordinance or when you know that your dog has dangerous propensities, you may be liable for the damages if your dog attacks.
If you or a loved one have been attacked or bitten by a dog, call Williams Elleby Howard & Easter today. In many incidents, you can file a claim with the dog owner’s homeowner’s insurance company and receive compensation for your injuries.

Seth Gilliam – Dangers of Drunk Driving

Seth Gilliam drunk driving

Seth Gilliam – Dangers of Drunk Driving

In May of 2015, the Atlanta Journal Constitution reported that Walking Dead star, Seth Gilliam, was arrested in Peachtree City and charged with DUI, possession of marijuana, reckless driving, and speeding. With the Labor Day holiday fast approaching, drivers should keep in mind the tragic consequences that can result from drinking and driving.

According to the National Highway Traffic Administration’s National Center for Statistics and Analysis, there were 10,076 fatalities in 2013 in crashes involving a driver with a blood alcohol level of .08 or higher. On average, one alcohol-impaired-driving fatality occurred every 52 minutes in 2013. 200 of those killed were innocent children. https://www-nrd.nhtsa.dot.gov/Pubs/812102.pdf

Through its Drive Alert Arrive Alive initiative, the Georgia Department of Transportation reported that 840 traffic fatalities occurred in Georgia between January 1, 2015 and August 31, 2015. On average, that is more than 100 deaths per month!

Georgia recognizes the dire consequences that can result from drinking and driving. When someone in injured at the hands of a drunk driver, they can certainly file a lawsuit for personal injuries but they can also bring a claim for punitive damages.

Punitive damages are awarded, not as compensation to a plaintiff, but solely to punish, penalize, or deter a defendant from engaging in the behavior that caused injury. Normally these damages are “capped” at $250,000.00. However, that is not the case if the defendant caused the injury while under the influence of alcohol or drugs that are not legally prescribed. O.C.G.A. § 51-12-5.1. In other words, Georgia law does not limit the amount the amount of punitive damages that can be awarded in personal injury cases arising from the negligence of a drunk driver.

Workers Compensation Subrogation Claims in Georgia

workers compensation subrogation claims

When an employee is injured on the job, he or she may be entitled to worker’s compensation benefits. Georgia law also allows the injured employee to bring a separate claim against any third party that is responsible for causing the injuries. When this happens, the employer or the employer’s workers compensation carrier may assert a subrogation claim. Subrogation is the right of the employer or insurer to seek indemnification against the at-fault third party for the benefits it paid to an employee because of the third party’s negligence.

For example, imagine an employee of John Doe Construction Company is driving from his office to a job site when a negligent driver rear ends him causing him significant personal injuries. The employee may be entitled to workers compensation benefits because he was injured on the job but he also has a right to sue the negligent driver for causing the wreck.

In situations like this, the employer or its worker’s compensation insurer has a right to seek indemnification against the negligent driver for benefits it pays to the employee due to the negligence of the at-fault driver. The right of the employer or worker’s compensation carrier to seek indemnification is set by statute. O.C.G.A. § 34-9-11.1. However, employers and their insurance carriers are not entitled to recover the benefits paid just because they have a statutory right to assert a subrogation claim.

Employers or the workers compensation insurer must prove three things in order to succeed in their subrogation claim:

1. Worker’s compensation benefits must be paid,
2. The benefits must be paid “under circumstances creating a legal liability against some person other than the employer,” and
3. The employee must be “fully and completely compensated” for all economic and noneconomic losses incurred as a result of the injury.

O.C.G.A. § 34-9-11.1. Requirement 3 is often referred to as the “made whole doctrine” and is the most difficult element for employers or their insurers to prove.
Georgia law is clear that the injured employee’s right to full and complete compensation takes priority over the insurer’s subrogation right.

In general, ‘an insurer may not obtain reimbursement unless and until its insured has been completely compensated for his losses.’ This rule arises upon the rationale that [w]here the insurer or the insured must go unpaid to some extent, the loss should be borne by the insurer since the insurer has already been paid a premium for assuming this risk and would have been obligated to pay medical expenses regardless of its insured’s negligence and regardless of whether a culpable third party could have been found.

Simpson v. Southwire Co., 249 Ga. App. 406, 408-409, (2001), citing Duncan v. Integon Gen. Ins. Corp., 267 Ga. 646, 647 (1997).

The employer or workers compensation carrier bears the burden of proving that injured claimant has been fully and completely compensated. Georgia Electric Membership Corp. v. Garnto, 266 Ga. App. 452, 454 (2004); City of Warner Robins v. Baker, 255 Ga. App. 601 (2002); Ga. Elec. Membership Corp. v. Hi-Ranger, 275 Ga. 197, 198 (2002). At a minimum, the employer bears the burden of demonstrating that the settlement fully and completely compensates the Plaintiff for all past, present and future damages, including economic and non-economic losses.

If you have been injured on the job due to the negligence of a third party and have received workers compensation benefits, you may receive letter from the workers compensation carrier notifying you that they intend to assert a right of subrogation for any amounts you recover from the at-fault party. When this occurs, you need the assistance of an experienced attorney to not only help maximize your recovery against the at-fault party, but also to help you address any subrogation claims made by your employer or the workers compensation carrier.

Statement on Savannah accident on May 19

Tractor Trailer Wrongful Death Crash Savannah Georgia Attorney

Statement on Savannah accident on May 19

On May 19, 2015, I was driving south on I-16 just north of Savannah when I saw the aftermath of a horrific tractor-trailer crash that killed 5 innocent people. As I passed the scene of the wreck, it was obvious that a tractor trailer was on fire and that it had rear-ended another vehicle. Life flight helicopters were on the scene and I saw what appeared to be body bags being loaded into an ambulance. It was a horrible scene.

My prayers go out to the friends and families of 72-year-old Glenda Adams of Cohutta, 71-year-old Jerry Earnest of Varnell, 39-year-old Wendy Melton of Reidsville, 19-year-old Virgil Moody of Hagan, and 16- year-old Brittanie Altman of Claxton all who died in this wreck according to the Georgia State Patrol.

Many news reports covering this crash indicated that law enforcement officials suspect that the at-fault tractor-trailer driver may have fallen asleep. Those reports remind me of how vitally important it is that tractor-trailer drivers do not exceed their hours of service.

The Federal Motor Carrier Safety Administration sets hours of service regulations for commercial motor vehicles that transport property and people. For example, tractor-trailer drivers that are transporting property may not drive more than 11 hours after 10 consecutive hours off duty. They must also take rest breaks and may only drive if 8 hours or less have passed since the end of the driver’s last off-duty or sleeper birth period of at least 30 minutes.

There are more regulations but the point is that drivers who exceed their hours of service put others at risk of death or serious personal injury. Tractor-trailers provide a valuable economic service to our country but when they are operated by careless, distracted, or tired drivers they are extremely dangerous.

My heart goes out to the families and friends of those individuals who lost their lives in this crash. I pray that this tragedy will be a reminder to tractor-trailer drivers of just how dangerous and deadly a tractor- trailer can be when a tired driver is behind the wheel.

Spinal Cord Injuries – Cam Newton

Spinal Cord Injuries From Georgia Car Accident Personal Injury Attorney

Recently, former Auburn Tiger and current Carolina Panther quarterback, Cam Newton, was involved in a serious car wreck. According to ESPN.com, Cam Newton suffered two transverse fractures in his lower back following a two car collision on December 9, 2014. Thankfully, Newton is recovering from his injuries and remains in stable condition according to most major news outlets.

Unfortunately, many who are in similar car wrecks are not as fortunate. Atlanta is surrounded by several major interstates such as I-85, I-75, I-20, and I-285 as well as other many other major highways like GA 400. Wrecks occur on these roadways on a daily basis and often result in serious injures or death.

Some of the most common injuries sustained in these wrecks are neck, back, and spine injuries which can sometimes be permanent and have a profound impact on the lives of the injured person. Examples of neck and back injuries that may result from car wrecks include:

  • Paralysis
  • Herniated, bulging, and extruded discs
  • Neck fractures
  • Cervical dislocations
  • “Whiplash” or a neck injuries caused by hyperextension followed by sudden hyperflexion

Symptoms that are sometimes associated with a neck or back after a car or truck wreck include:

  • Neck or Back Pain
  • Reduced Range of movement or tenderness
  • Numbness in the shoulders, arms, or legs (depending on the location of the injury)
  • Tenderness
  • Headaches, Dizziness, Vertigo, or Blurring of Vision
  • Arm or Leg weakness
  • Paralysis

If you experience any of these symptoms after a car wreck, it is extremely important for you to seek immediate medical help. Doctors will likely perform a series of physical tests and film studies to determine the severity of your injury. Depending on the nature and severity of the injury, treatment options may include physical therapy, injections, or surgery.

Treatment for neck, back, and spinal injuries can be very expensive. If you were hurt in a car or tractor-trailer wreck due to the fault of someone else and have experienced any of the neck, back, or spinal injuries mentioned in this blog, call Joel for your free legal consultation.

Many times car wreck victims settle their case for nothing more than their past medical bills without realizing that Georgia law allows them to recover for other damages such as diminished earning capacity, future medical bills, lost wages, pain and suffering, and other damages. Do not let the insurance company for the at-fault driver convince you to settle your case for less than you deserve. Call Joel today and he will protect you from the insurance companies and help get you the justice you deserve.