What Is an Attractive Nuisance?

Young Girl Standing Safely Outside Pool Fence Looking In To Pool.

Children are naturally curious about their surroundings and can be harmed by what the law considers to be an “Attractive Nuisance.” Under Georgia law, any feature that could (a) draw the interest of a child and (b) potentially harm them is known as an attractive nuisance. The perfect example is a swimming pool. If a landowner fails to take appropriate steps to protect the public from this hazard, they could be liable for any injuries suffered by a child.

The combination of a child’s natural curiosity and the inability to identify potential hazards can be a recipe for disaster when a child is looking for a place to play and comes across a dangerous feature on another person’s property. If your child is injured due to an attractive nuisance in Georgia, you may be entitled to recover for your child’s medical bills. If your child dies after encountering an attractive nuisance, we can help you understand the challenges that are involved with bringing a wrongful death claim for the loss of a child.

Attractive Nuisance Liability in Georgia

For a landowner to be liable under the Attractive Nuisance theory, a few things must be proven. After all, not every nuisance is attractive and not every injury was feasibly preventable. A landowner is liable under the Attractive Nuisance theory if:

  • There is a dangerous condition on their property;
  • The hazardous condition was likely to attract young children;
  • A child, incapable of understanding the danger due to their age, was injured by the condition;
  • The landowner failed to take steps to guard against the injury; and
  • That preventing access to the condition or rendering it harmless was feasible without obstructing its intended purpose.

See Gregory v. Johnson, 249 Ga. 151, 154-155 (1982). In other words, a landowner owes a duty to any child that might be injured by a condition on their property that is attractive to the child. This is the case as long as it was feasible for the landowner to prevent access to the condition or render it harmless without obstructing the condition’s purpose. For example, an oil pump that might appear to a child as a teeter-totter may not be rendered entirely safe without affecting its ability to pump oil.

If all of the conditions described above are met, the landowner may be found liable for the injuries of the child. It is important to note that the duty owed to a child in these circumstances is much higher than that owed to an adult trespasser. In many cases, a landowner may be liable to a trespassing child for a dangerous condition but liability would not lie for injuries to a trespassing adult in the same situation. These nuisances can be either privately owned or public property.

Examples of Attractive Nuisances

Every premises liability case is different. However, there are a variety of examples that come up frequently in Attractive Nuisance lawsuits. Here are some of the most common examples of an attractive nuisance:

  • Railroad turntables
  • Empty swimming pools
  • Construction sites
  • Wells
  • Power lines
  • Man-made fountains
  • Abandoned cars
  • Farm equipment

These are only a few of the possible Attractive Nuisances that are common in Georgia. In many of these examples, the circumstances in each case could affect whether Attractive Nuisance liability applies. For example, farm equipment that was storable inside secure fencing might be an attractive nuisance, while equipment at a location where fencing is impossible may not qualify.

Premises Liability Attorney in Georgia

Every Attractive Nuisance case is different and will require extensive research and investigation. If your child or loved one suffered an injury on the property of another, it is possible that the property owner is liable for their damages. To discuss your options with an experienced premises liability attorney, contact us today at 833-LEGALGA.

Negligent Supervision of Children

negligent supervision of children

Parents and caregivers of children have a legal duty to supervise children under their care. Negligent supervision of children can create a legal issue when a child hurts him or herself or when a child causes harm to someone else because no adult was watching them. In these cases, the adult that was supposed to be watching them can be held liable. 

Negligent Caregivers and Harm to Children 

When a parent leaves their child in another person’s care, they are placing a huge amount of trust in that person to keep their child safe. Caregivers — like daycare attendants, babysitters, nannies, teachers, coaches, and camp counselors — have a responsibility to safeguard children under their care. When caregivers fail to take reasonable steps to keep a child under their care safe, they have breached a legal duty and are liable for whatever harm is caused to the child as a result. Whether a caregiver acted unreasonably is a question of fact that must be determined on a case-by-case basis. 

Georgia Parental Liability Laws 

The other category of cases involving negligent supervision of children occurs when a child causes an injury to someone else. If a child was under the care of a daycare provider, teacher, guardian, or any other person with a legal duty to watch over the child at the time of the injury, then that party may be found liable to the person that was harmed. In all other instances, Georgia law holds parents vicariously liable for the wrongful acts of their children. This type of liability is not tied to a parent’s negligent supervision, but rather to the child’s actions. However, negligent supervision and parental vicarious liability are issues that are often closely tied together. 

Under Official Code of Georgia Title 51 Chapter 2 Section 2, parents are liable for negligent and intentional torts committed by their children. Unsupervised children can cause harm in myriad ways because they lack mental and emotional maturity. Georgia courts have determined that liability under that § 51-2-2 extends to auto accidents caused by children under the “family purpose doctrine.” This means that, generally, whenever a minor causes an accident while driving the family vehicle, the parents can be held liable. 

The Official Code of Georgia Title 51 Chapter 2 Section 3 additionally holds that parents are liable for the “willful and malicious” conduct of their children “in an amount not to exceed $10,000.00 plus court costs.” Because damages are capped at $10,000 for willful and malicious conduct, but not for negligent acts, it is important to have cases carefully evaluated to ensure that the proper statute applies. It is also important to note that § 51-2-3 states that it is not intended to provide a restrictive remedy, meaning that parents can be liable for the willful and malicious conduct of their children beyond the $10,000 limit if other theories of liability also apply. 

For More Information, Contact Williams Elleby Howard & Easter 

If you would like more information about this issue, or if you would like to discuss your case, contact Williams Elleby Howard & Easter, to schedule a free consultation today by calling 833-LEGALGA.

Can I Recover if I am Burned on Someone Else’s Property?

recover burned someone else property

Burn injuries occur frequently, and when they do they can be devastating. The American Burn Association states that there are nearly 500,000 burn injuries each year in the United States. Burn injuries are excruciating physically and the damage caused by a burn injury can endure for the rest of a person’s life. If you have suffered a burn injury while on someone else’s property, the experienced personal injury attorneys at Williams Elleby Howard & Easter, can help you understand your legal rights and options. Williams Elleby Howard & Easter, is dedicated to getting each client the compensation they deserve. 

Georgia Premises Liability Law 

The first thing to consider if you have been injured on someone else’s property is whether you have a premises liability claim against the owner of the property. The general rule is that a property owner has a duty to exercise a reasonable standard of care to ensure that their property is safe. A property owner has a heightened duty towards those that have been invited onto a property. Under O.C.G.A. 51-3-1, “Where an owner or occupier of land, by express or implied invitation, induces or leads others to come upon his premises for any lawful purpose, he is liable in damages to such persons for injuries caused by his failure to exercise ordinary care in keeping the premises and approaches safe.” Towards all others, a property owner must not recklessly or intentionally cause harm. 

Burn injuries can occur when a property owner fails to maintain equipment, leaves dangerous or flammable chemicals exposed, or neglects to repair a dangerous electrical system. If a property owner negligently fails to use reasonable care to prevent others from being burned, they are liable under Georgia’s premises liability law for any harm that occurs. 

Special Statutory Protections for Certain Landowners 

Georgia has enacted special protections for certain property owners. Under the Georgia Recreational Property Act: “An owner of land owes no duty of care to keep the premises safe for entry or use by others for recreational purposes or to give any warning of a dangerous condition, use, structure, or activity on the premises to persons entering for recreational purposes.” The law is intended to encourage property owners to make their land available to the public for things like hunting, fishing, and hiking. 

This law also states that when a property owner invites persons onto their land for recreational purposes they do not extend any assurance that the property is safe for any purpose, confer the legal status of an invitee or licensee to people they invite, or assume any responsibility for injury to person or property. A property owner will only be liable for harm if they have charged the victim a fee to use the land or if they willfully or maliciously failed to guard or warn against a dangerous condition. 

Products Liability 

If an accident was caused by a defective product, the victim can bring a products liability claim against the manufacturer. If a victim was injured by a product while on another person’s property, it may be difficult to know whether a premises liability or products liability claim is more appropriate. The experienced personal injury attorneys at Williams Elleby Howard & Easter, help accident victims understand their legal rights and options in these circumstances. 

Comparative Fault 

All types of personal injuries in Georgia are subject to a comparative fault analysis. This means that if a plaintiff is partly at-fault in causing their own harm, their compensation will be reduced accordingly. If a plaintiff is found to be more than 50 percent at-fault in causing their own harm, they will not be entitled to any compensation under Georgia law. 

Types of Burn Injuries 

These are the six main types of burn injuries: 

  1. Heat (thermal) burns. 
  2. Cold burns 
  3. Electrical burns 
  4. Chemical burns 
  5. Radiation burns 
  6. Friction burns 

Contact Williams Elleby Howard & Easter, to Discuss Your Case Today 

Williams Elleby Howard & Easter, is dedicated to maximizing compensation for burn injury victims. This can include compensation for medical expenses, lost wages, and pain and suffering. If you or a loved one has suffered a burn injury, Williams Elleby Howard & Easter is here to help. Williams Elleby Howard & Easter, offers free consultations and takes cases on a contingency fee basis. Call today to discuss your case at 833-LEGALGA.

Falling Objects Causing Injuries at a Work Site—Who’s at Fault?

falling object job injury fault

According to the Federal Department of Labor (DOL), approximately 3 million workers are injured on the job each year, and more than 4,500 are killed. Many of these accidents are caused by falling objects. In fact, the DOL has labeled falling objects as one of construction’s “fatal four” types of accidents. If you or a loved one has been injured by a falling object at a work site, you should be aware of your legal rights and options. Williams Elleby Howard & Easter, is dedicated to getting accident victims the compensation they deserve. To schedule a free case evaluation, call 833-LEGALGA today.

Falling Object Injuries on Work Sites

Whenever work is being done on multiple levels, there is always the risk that debris will fall or objects will be dropped, even when workers are using reasonable care. Severe injuries from falling objects at work sites often can be blamed on the failure of workers to wear a hard hat. Workers should always wear a hard hat when there is even a small possibility of falling objects.

Employers have a duty under OSHA regulations to maintain a safe work site and ensure that workers have the proper protective gear. Workers have a right to request an OSHA safety inspection if they feel conditions are unsafe, and employers are forbidden from retaliating against workers that make such a request.

Ultimately, however, for workers covered by Georgia’s Workers Compensation Law, a determination of fault is ultimately irrelevant in most cases. This is because under this law, workers automatically receive benefits when they are injured on the job, regardless of who is at fault. However, compensation is also limited.

Georgia’s Workers’ Compensation Law

Workers’ compensation functions by providing workers injured on the job with automatic compensation for harm and with benefits if they become disabled. Workers’ compensation insurance also provides benefits to dependents if a worker dies as a result of a job-related injury. The trade off, however, is that workers are prohibited from bringing lawsuits against employers (or co-workers) if they suffer harm in the course and scope of their employment.

Determining whether workers’ compensation applies is often complicated. In the State of Georgia, any employer with three or more employees is required to carry workers’ compensation insurance. When jobs utilize contractors and subcontractors, it is often unclear at first whether a particular worker will be covered by the law. The experienced personal injury attorneys at Williams Elleby Howard & Easter, help worksite accident victims navigate the law so that their rights are protected.

Non-Worker Victims of Harm

Non-workers are not, of course, covered by Georgia’s Workers’ Compensation Law. For instance, if a pedestrian strolling past a construction site is struck by a falling object, they are free to bring a negligence claim against the party or parties responsible. In cases where debris falls from a building, a premises liability claim could be brought as well. Premises liability claims can be brought when property owners are at fault for failing to ensure that their property is free from unreasonable hazards.

Damages in a Personal Injury Suit

Georgia personal injury law is intended to fully compensate victims for their harm. Compensation from a personal injury lawsuit, also called damages, is intended to pay for things like medical expenses, lost wages, and pain and suffering. In cases where a defendant exhibited intentional or reckless conduct, punitive damages may also be possible. However, it must be remembered that personal injury victims covered by the Georgia Workers’ Compensation Law will be strictly limited to the compensation permitted under that law.

For More Information, Contact Williams Elleby Howard & Easter

Worksite accidents can be devastating, particularly when caused by falling objects. Victims need the support of qualified and experienced legal counsel on their side. The experienced personal injury attorneys at Williams Elleby Howard & Easter, work hard to get accident victims the compensation they deserve.

Located in Kennesaw, Georgia, Williams Elleby Howard & Easter, serves clients throughout the State of Georgia. If you or a loved one has suffered an injury at a work site due to a falling object, the attorneys at Williams Elleby Howard & Easter, can help you understand what possible claims you may have and work to get you the compensation you deserve. To schedule a free consultation, call 833-LEGALGA today.

Icy Walkways & Trip and Falls

A curved icy covered walking path.

It has been a cold winter this year. Even in many areas throughout in the South, snow and ice have been very present this historically cold winter. Due to snow and frigid temperatures, Georgia Governor issued a state of emergency on Monday, January 15. “To ensure people’s safety and to allow GDOT to do its job, I urge people to remain home and off the roads,” Governor Deal stated.

Wherever snow and ice are present, not only are roadways more dangerous, but there is also an increased risk of falling. It is important for everyone venturing outside in wintry weather to take steps to stay safe. When falls do occur, it is important for fall victims to be aware of their legal rights and options.

Injury Liability for Falls on Icy Surfaces

Under Georgia’s premises liability law, property owners that invite others onto their property have a duty to “exercise ordinary care in keeping the premises and approaches safe.” Walkways in front of or alongside businesses would be considered approaches of those businesses. Therefore, businesses that are inviting people to come inside have a duty to ensure that the walkway leading to their business is safe to use.

When icy conditions are present, this means that business owners need to take reasonable steps to remove the ice and to warn people about the danger. However, a business is not necessarily liable for every trip and fall that occurs on an icy walkway leading into the business. Businesses do not actually need to remove all ice or ensure that walkways are completely safe. They only need to exercise “ordinary care.” Whether ordinary care has been exercised is a question of fact that depends on the circumstances.

Fall victims should understand that they may not be able to win a claim if a court determines that they assumed the risk. In premises liability cases, this principle is expressed by something known as the “superior knowledge” doctrine. This doctrine holds that a landowner must have had superior knowledge of the dangerous condition in order to be liable. Therefore, if icy conditions were obviously apparent, superior knowledge would not exist, and a business owner may not be liable.

Compensation in Icy Walkway Fall Cases

Plaintiffs that win slip and fall cases can expect to receive compensation for things like medical bills, lost wages, and pain and suffering. In some cases, additional damages may also be possible.

What to Do if You Fall

If you slip and fall on an icy walkway and suffer an injury, it is important to take steps to protect your potential right to compensation. Document the conditions at the time of the accident. Take photos of the walkway with your cell phone if you can. Most importantly, contact an experienced premises liability attorney as soon as possible to investigate your case.

Safety Tips

If you do need to go outside during wintry weather, there are steps you can take to avoid falling. You should take your time, wear shoes with good traction, and if at all possible avoid walkways that look icy. If you can’t avoid walking on an icy walkway, take shorter steps. And if you do fall, try to relax your body and make contact with the ground with your hip and shoulder together to spread out the impact. When people reach out with their arms to break their fall on an icy surface, they often only exacerbate their injury.

For More Information, Contact Williams Elleby Howard & Easter

Williams Elleby Howard & Easter, is dedicated to helping injury victim get the compensation they deserve. If you have suffered a fall on an icy walkway and think you might be entitled to compensation, the experienced personal injury attorneys at Williams Elleby Howard & Easter, can help you understand your case. They work hard to maximize compensation for every client they accept.

Located in Kennesaw, Georgia, Williams Elleby Howard & Easter, serves clients throughout the state. The attorneys at Williams Elleby Howard & Easter, offer free case evaluations and accept cases on a contingency fee basis, meaning clients don’t pay a dime in attorney fees unless and until they’ve won their case. If you would like to discuss your case, call Williams Elleby Howard & Easter, today at 833-LEGALGA.

The Importance of Expert Testimony in Slip and Fall Cases

slip fall testimony expert witness

You’ve slipped and fallen on or near the property of a business due to a dangerous condition. You were paying attention and behaving reasonably, but you fell nonetheless because the business owner negligently permitted a dangerous condition to exist. You suffered an injury as a result, causing you to accrue medical bills, lose out on wages, and endure pain and suffering.

Under these facts, you may think it would be simple enough to gain compensation for your harm from the responsible business. After all, property owners have a duty to ensure that their premises are safe, and when they fall short of that duty, the law says they must compensate any victims that suffered harm as a result. However, slip and fall cases are rarely that simple.

Property owners will often hotly contest every issue in a case. Whether a condition was unreasonably dangerous, whether a condition was the cause of the fall, and whether medical bills and other damages are properly attributed to the slip and fall can all be surprisingly complex questions to answer. To win slip and fall cases, plaintiffs often need to have qualified expert witnesses testifying on their side. Expert witnesses can help explain complex issues to the court, and they are often persuasive to both judges and jurors alike.

The Use of Expert Testimony in Slip and Fall Cases

Depending on the facts of a case, a plaintiff may need to rely on multiple experts to prove their claim. There are the primary functions that an expert witness can serve in a slip and fall case:

• Establishing that a dangerous condition existed. While some conditions are obviously unreasonably dangerous, a closer inspection is required to make this determination for others. For instance, whether flooring, stairs, railings, or construction defects constitute a dangerous condition can depend on the precise risk presented and prevailing safety standards. Experts trained in engineering or that have deep knowledge of building codes can help a court understand why certain conditions should be considered unreasonably dangerous.

• Demonstrating causation. Slip and fall accidents can cause a range of injuries. Some of these injuries can be extremely serious, even fatal. Judges and jurors may not always understand how a slip and fall can cause serious injuries. Accident reconstruction or medical experts can help show how the injury complained of was in fact caused by the fall and not by some other incident.

• Proving damages. Damages are the award of compensation given to a plaintiff that wins their case. In every personal injury case, the plaintiff must prove the amount of damages owed to them. This means that a plaintiff must prove that all of their medical expenses stemmed from the accident, which almost always requires the expert testimony of a doctor. A medical or vocational expert can also be used to help the court determine a fair amount of damages for lost wages.

Injury Victims Need a Well Connected and Experienced Personal Injury Attorney

The difference between prevailing and losing a personal injury case can often turn on whether the plaintiff had effective expert testimony on his or her side. This is especially true when the defense offers expert testimony of its own. Injury victims need an experienced personal injury attorney that has connections to the types of expert witnesses that can inform and persuade the court effectively.

Williams Elleby Howard & Easter, understands the importance of expert testimony in slip and fall cases. The experienced slip and fall injury attorneys at Williams Elleby Howard & Easter, diligently ensure that their clients have the expert support they need in every case.

If You’ve Suffered a Slip and Fall, Contact Williams Elleby Howard & Easter, Today

If you or a loved one has suffered a slip and fall, it is imperative that you have the support of a qualified and experienced personal injury lawyer. Williams Elleby Howard & Easter, can help you understand your legal rights and options, and work to get you the compensation you deserve.
Our firm has an extensive track record of success getting slip and fall victims the compensation they deserve. Williams Elleby Howard & Easter offers free case evaluations and serves clients throughout the State of Georgia. Call us today to discuss your case at 833-LEGALGA.

Georgia Slip and Fall Claims

Georgia Kennesaw slip fall claim attorney

Georgia Slip and fall claims are largely governed by Georgia premises liability law. The basic rule of premises liability law is found in the Official Code of Georgia Section § 51-3-1, which states that when landowners invite others onto their property, they must “exercise ordinary care in keeping the premises and approaches safe.”

If you’ve fallen in a store or other business because of an unsafe condition, you may be entitled to compensation. The key to determining whether a property owner is liable for slip and fall harm is whether they failed to “exercise ordinary care” in keeping the premises safe. There are several important factors that must be considered. The basic elements of a slip and fall claim in Georgia are:

1. There must have been a dangerous condition present;
2. The property owner must have negligently failed to remedy the condition and/or failed to warn the victim about it; and
3. The dangerous condition must have caused the harm complained of.

Establishing Property Owner Liability in Slip and Fall Claims

Although the elements of a slip and fall claim are relatively simple, these types of cases can be surprisingly complicated. Businesses will often hotly contest liability, and proving these claims typically involves collecting large amounts of evidence. Eyewitness or video evidence is usually needed to prove that a “dangerous condition” existed. Without proving a dangerous condition existed, a plaintiff cannot successfully win a slip and fall claim.

But it is not enough to simply prove that a dangerous condition existed. Sufficient evidence is also required to prove that the business owner negligently failed to fix or warn about the dangerous condition. This can require collecting evidence showing that the business knew or should have known about the dangerous condition. Georgia courts also follow the “superior knowledge” doctrine, which holds that the business must have had superior knowledge of the dangerous condition compared to the plaintiff. Therefore, even if a business knew or should have known about a dangerous condition, if a plaintiff was actually aware of the danger but ignored the risk, the business may not be liable.

Once a plaintiff can prove that a dangerous condition existed and that a business was negligent, he must then prove that the condition caused his harm. This often requires medical evidence and expert testimony. Finally, it is also a defense against liability if the plaintiff negligently caused their own harm. A plaintiff may not be able to win their claim if they were contributorily negligent.

If You’ve Taken a Fall in a Store, Call Williams Elleby Howard & Easter, Today

If you’ve been injured in a Kennesaw, GA slip and fall accident because of a hazard or unsafe condition, you should contact an experienced personal injury attorney to discuss your case. When businesses fail to clean up hazards, fix dangerous conditions, or warn customers about risks, anyone harmed as a result is entitled to compensation. The experienced personal injury attorneys at Williams Elleby Howard & Easter, have deep knowledge of Georgia premises liability law and are dedicated to maximizing compensation for each of their clients. Contact Williams Elleby Howard & Easter, today to schedule a free consultation by calling 833-LEGALGA.

Burn Injuries

burn injury accident Georgia

Burn injuries occur in auto wrecks, workplace accidents, and defective products incidents every day in Georgia. According to the American Burn Association, there were nearly 500,000 burn injuries that received medical treatment in the United States in 2016. These can be some of the most physically painful injuries that a person can endure. And unfortunately, the damage caused by a burn injury often goes far beyond the physical pain.

If you have suffered a burn injury due another person’s negligence or wrongful conduct, or if you were burned while on someone else’s property, the experienced personal injury attorneys at Williams Elleby Howard & Easter, can help you understand your legal rights and options. Williams Elleby Howard & Easter, cares about each client works hard to get each client the compensation they deserve. Call to schedule a free consultation today at 833-LEGALGA.

Types of Burn Injuries

There are six main types of burn injuries:

1. Heat (thermal) burns. When most people think of burns, they are typically thinking of heat burns. These are the most common burns and can be caused by close contact with fire, steam, hot objects, or hot liquids.

2. Cold burns. Extreme cold can also cause burns. People with poor blood circulation are more susceptible to cold burns.

3. Electrical burns. Any source of electricity, such as loose wiring in a building or defective wiring in a product, can cause an electrical burn.

4. Chemical burns. Chemical burns can be caused by contact with a number of household, industrial, or natural chemicals. These types of burns frequently occur in the workplace.

5. Radiation burns. These can be caused naturally by the sun, but are also sometimes caused by tanning booths, X-rays, or radiation therapy.

6. Friction burns. When a person’s skin moves quickly against a solid surface it can cause a friction burn. Motorcyclists or bicyclists often suffer friction burns (“road rash”) following a high speed accident.

Degrees of Burn Injuries

Health professionals typically classify burns into four degrees of severity: first degree; second degree; third degree; and fourth degree. First degree burns are mild and generally completely heal. Second and Third degree burns are more serious, cause blistering and scarring, and often require skin grafts to heal. Fourth degree burns are the most severe, causing damage below the skin to the muscle and bone.

Contact Williams Elleby Howard & Easter, to Discuss Your Case Today

Williams Elleby Howard & Easter, is dedicated to getting personal injury victims the compensation they deserve. In burn injury cases, victims can be compensated for medical expenses, lost wages, and pain and suffering. Because burn injuries can cause scarring and lasting emotional and psychological harm, it is important for victims to have experienced legal counsel on their side so that they get the full compensation that they deserve.

If you or a loved one has suffered a burn injury, Williams Elleby Howard & Easter is here to help. Williams Elleby Howard & Easter, is located in Kennesaw, Georgia, and serves clients throughout the State of Georgia. Call today to schedule your free injury consultation at 833-LEGALGA.

Daycare Liability for Harm to Children

daycare liability children negligent

Daycare providers that allow children to be harmed may face civil liability. According a study completed by the Center for American Progress, a large percentage of children under the age of five are enrolled in organized child care.  All parents in Georgia that leave their children under the care of a daycare are entitled to have their children competently and safely cared for. If children are harmed due to the negligence or intentional actions of a daycare or daycare employee, they are entitled to compensation for their harm.

The attorneys at Williams Elleby Howard & Easter, help victims of daycare negligence get the compensation they deserve. If your child has been harmed while in the care of a daycare, call Williams Elleby Howard & Easter, to discuss your case today at 833-LEGALGA.

Types of Claims

Daycares have a duty to provide a safe environment for children, to properly supervise children, to adequately vet employees and others that are allowed onto the premises, and to attend to any immediate needs that children have. A failure of a daycare to do any of these can lead to a claim against them. The main theories of liability that could be applicable in a claim against a daycare include:

• Negligence. Negligence occurs when there is any failure of a daycare to uphold a reasonable standard of care in the operation of the daycare.

• Negligent supervision. The most common type of negligence claim made against a daycare is negligent supervision. When a child is harmed because they were not supervised and some foreseeable accident occurred as a result, a negligent supervision claim can be made.

• Premises liability. Daycare owners have a duty to keep the premise of the daycare safe for children. If a child is harmed because of some defect in the premise of the daycare, a premises liability claim can be made.

• Negligent hiring. A daycare has a duty to thoroughly vet any employees that it hires. If a daycare hires someone that is a danger to children, and the daycare should have known that the person as a danger to children, the daycare is liable for any harm that occurs.

• Child abuse. In some cases, a daycare employee or owner intentionally harms a child. In these cases, it is crucial to hold the daycare accountable and get any victims the full compensation they deserve.

To Discuss Your Case, Contact Williams Elleby Howard & Easter, Today

If your child was injured while in the care of a daycare, it is imperative that you are aware of your legal rights and options. No child should be harmed when they are under the care of a trusted daycare provider. The Kennesaw, GA personal injury attorneys at Williams Elleby Howard & Easter, are dedicated to protecting the rights of children that are victims of daycare negligence or abuse. If you would like more information or would like to discuss your case, call Williams Elleby Howard & Easter, in Kennesaw, GA to schedule a free consultation at 833-LEGALGA today.

Georgia Homeowners Responsibility with Pool Safety

attractive nuisance responsibility pool

Escaping the Georgia heat in a nice cool swimming pool is a great way to spend the afternoon during the summer months. But if you own a pool, you should be aware of your responsibilities to others with regards to pool safety to avoid liability.

So what responsibility do homeowners have to others when it comes to pool safety? Well, homeowners owe a dutyto those that they invite onto their property to keep the property reasonably safe. Therefore, if you own a pool and you have people or children over, you have a duty to keep the pool area safe and to try to help them if something goes wrong.

What many pool owners don’t realize is that they also have duties to other people that they haven’t invited over. While it is true that homeowners generally have no duty to keep a premise safe for trespassers, there is a major exception to this general rule when it comes to children that pool owners need to keep in mind this summer: the attractive nuisance doctrine.

THE ATTRACTIVE NUISANCE DOCTRINE IN GEORGIA

Under Georgia’s attractive nuisance doctrine, landowners do have a duty to prevent trespassing children from coming onto their land and being harmed by an “attractive nuisance.” An attractive nuisance is something that landowners should reasonably expect to attract children onto the land and that is dangerous. All Georgia courts are in agreement that a swimming pool is an example of an attractive nuisance.

This doctrine exists because courts have recognized that children simply don’t understand why they shouldn’t trespass onto land, and they often don’t appreciate the risk involved with attractive nuisances like swimming pools. Because of these factors, pool owners have a duty to take reasonable steps to ensure that children cannot trespass onto their land and be harmed by or in their pool.

Taking reasonable steps means limiting accessibility to the pool in a reasonable way. For instance, if a pool owner completely fences their yard and the gate is locked, they will not usually be liable for any harm that happens. Conversely, if a pool is unguarded or a gate is left open, liability could attach under this doctrine.

LIMITING ACCESSIBILITY TO POOLS CAN SAVE LIVES

According to the CDC, nearly 800 children under the age of 14 die and another 4000 are harmed in drowning incidences in the United States. According to the CDC statistics, most drowning deaths of young children occur in home swimming pools. For pool owners, the CDC recommends installing a pool fence “that completely separates the pool area from the house and yard.” The CDC also stipulates that “the fence should be at least 4 feet high,” and instructs homeowners to “use self-closing and self-latching gates that open outward with latches that are out of reach of children.”

CONTACT Williams Elleby Howard & Easter, FOR MORE INFORMATION

The attorneys at Williams Elleby Howard & Easter are well versed in personal injury and premises liability law. Williams Elleby Howard & Easter serves clients in Acworth and throughout Georgia. If you would like more information about this issue, contact Williams Elleby Howard & Easter, at 833-LEGALGA.