Atlanta Injury Lawyers Blog

As Atlanta apartment shooting lawyers, we are troubled at the recent slew of apartment complex crimes. Another such shooting occurred this past Tuesday night in Newton County, Georgia. Unfortunately, in addition to the apartment shooting, there was a related car accident which led to the wrongful death of Shirley Akin.

The robbery/shooting happened at approximately 7:30 p.m. on February 23, 2010 at an apartment complex in Newton County. The victim was taken by ambulance to Atlanta Medical Center for treatment of a bullet wound. Following the shooting, the suspects fled the scene in a black Nissan Maxima.

Later in the evening, the two men, while apparently on the run from authorities, struck Ms. Akin's vehicle after running a red light. Ms. Akin was taken to Rockdale Medical Center where she perished as a result of her injuries.

As Atlanta workers compensation attorneys, we have heard anecdotes about the lengths Wal-Mart will go to battle employees who have suffered a legitimate work injury while working for the company. During our many years handling work injury claims throughout Georgia for injured workers such as employees of Wal-Mart, the stories have become legendary. For years, the best workers compensation lawyers and attorneys in Atlanta and throughout Georgia have battled Wal-Mart to obtain the basic benefits that they are rightfully entitled to. Now, a group of injured workers are fighting back.

Wal-Mart employees have filed suit claiming that, in fighting workers' compensation claims, Wal-Mart has violated federal law. In particular, the injured workers contend that Wal-Mart conspires with its risk carriers and adjusters to undermine, control, and deny the medical care that they are entitled to. This argument has been supported by a number of reports and studies, and the Washington Department of Labor has gone so far as to state that Wal-Mart has "repeatedly and unreasonably delayed giving injured workers the benefits they were owed under workers' compensation laws, and, in some cases, Wal-Mart employees were not allowed to file workers' comp claims at all."

As Georgia workers compensation attorneys know well, employers can be conniving and cunning. The tactits purportedly enlisted by Wal-Mart are not unique, and we continue to fight against employers who fail to properly extend workers compensation benefits as required by law.

As Atlanta lawyers who specialize in apartment shooting cases, we were pleased to learn of the quick arrests of arrested of two individuals suspected of having association with the recent murder of a young woman in an Atlanta apartment complex. Our attorneys understand that it is sometimes difficult to locate and apprehend suspects in these types of cases, and the Atlanta Police Department deserves accolades for their swift work.

The young woman was shot in early February at the Atlanta Garden Apartments. She was transported form the scene and died a short time later a Grady Memorial Hospital. All accounts indicate that the woman an innocent bystander to a violent confrontation at the apartment complex.

It remains to be seen whether the owners of the apartment complex will be liable for failing to provide adequate security. An Atlanta premises liability attorney will need to establish that the owners or managers of the apartment complex were aware of criminal activity on the premise in the surrounding area and, despite knowledge of this prior crime, failed to take adequate measures to protect those on its premise.

Atlanta auto accident attorneys obtained a $20 million dollar verdict for the estate of a 62-year-old man who died when his automobile was hit by a tractor-trailer truck. The verdict was obtained in Clayton County, Georgia, and jurors delivered the verdict after only 3.5 hours of deliberation. This is another big jury award for personal injury lawyers, and the verdict shows that Georgia juries are willing to properly compensate plaintiffs and punish defendants when the circumstances are appropriate.

In the negligence case, the estate's auto accident attorneys informed the jury that the decedent had been stopped at a red light when his vehicle was crushed by a truck driven by the Defendant. The lawyers argued that the Defendant was negligent in not keeping a proper lookout, in neglecting to keep his vehicle under control, and in travelling too fast for roadway conditions. The jury accepted these arguments and found that the Defendant acted reckless and with a complete disregard for the safety of others on the roadway.

Prior to presenting the case to the jury, the Defendant's insurance company was only willing to offer $1.5 million dollars to settle the case. The estate's lawyers rejected this offer, and instead trusted that the jury would dleiver a verdict that was just and fair.

Rapes, shootings, and violent crimes are a common occurence in hotels, shopping malls, parking lots, and apartment complexes throughout Atlanta and the state of Georgia. As Atlanta attorneys specializing in these premise liability cases, we are intimately aware of the dangers that patrons face while staying or shopping in these venues. The verdicts awarded by juries throughout Georgia for such incidents can be significant, as is evidenced by a recent $550,000.00 verdict obtained in Cobb County, Georgia.

A Cobb County jury recently awared $550,000.00 to a Plaintiff who was sexually assaulted while staying at a Super 8 Motel. A hotel employee entered her room with a master key and began to touch and lick her while she was asleep. The hotel was sued for failure to conduct a criminal background check on the employee and for entrusting the employee with a master key. The jury heard evidence that, if a criminal background check had been performed, the hotel would have learned that the employee was arrested on multiple occasions prior to and during his employment. The jury was convinced, and held Super 8 liable.

As premise liability attorneys, it is important that we become involved in a hotel/apartment/shopping mall rape, shooting, or attack as soon after the incident as possible. This is critical as premise owners tend to destroy evidence such as video tapes which would evidence liability.

Two women who were shot after they were followed to their car in the parking lot of a night club in Gwinnett County near Atlanta were recently awarded $1,101,589.00 each for their injuries. This premise liability shooting case demonstrates that the public has little tolerance for proprietors of malls, hotels, and apartment complexes who do little or nothing to protect the security of their patrons. As Atlanta premise liability attorneys, we continue to vigorously represent our Clients throughout Georgia against these negligent property owners.

Rapes, sexual assaults, and violent attacks regularly occur in shopping malls, hotels, apartments, and parking lots in Atlanta and other major cities in Georgia. In Georgia, a property owner may be responsible for protecting those legally on his or her property from such criminal acts under certain circumstances. For example, if the owner of a mall, hotel, apartment, or parking lot has reason to anticipate a criminal act based upon the occurrence of prior similar acts, there is then a duty to exercise ordinary care to guard against any further criminal acts. If the owner fails in this duty by failing to control access to his or her premise, by failing to have adequate security, or by failing to have proper lighting on the property, the property owner is liable to anyone suffers injuries as a consequence.

Premise liability cases are difficult and expensive to litigate. Individuals who have been the victim of a rape, shooting, or attack while at a hotel, shopping mall, or apartment complex should be certain that the attorney whom the elect to represent them is qualified and capable of doing so.

Injuries and wrongful deaths occur from time to time at amusement parks such as Six Flags Over Georgia and Six Flags Whitewater. Atlanta premise liability lawyers and attorneys are the most capable of handling such cases, and it is best that these lawyers get involved as quickly as possible to prevent the destruction of any evidence. Surveillance tapes may be destroyed after 30 days, for example, and these tapes could prove to be the most valuable evidence in pursuing a case against the amusement park.

In a recent case, a teenager was seriously injured when she was chased by costumed characters at Six Flags Over Georgia. While trying to escape the chase of the character, the teenager ran into a railing and fractured her hip. Extensive surgery was required to repair the injury, and the teenage will have permanent scarring and discomfort as a result.

While Six Flags denied liability for the teenager's injuries, the case eventually settled for $125,000.00. As premise liability lawyers, we understand that sometime's it is better to settle a case that to take it to trial. In this circumstance, the Plaintiff was willing to accept the offer of settlement made by the amusement park.

A woman who was raped at an Atlanta-area apartment complex was awarded over $8 million dollars by a DeKalb County jury. From an Atlanta premises liability attorney's perspective, this was an excellent verdict for the victim. Hotel and apartment rapes and shootings continue to occur at too regular a frequency in Atlanta and surrounding counties such as DeKalb, Fulton, and Cobb, and the victims of these crimes deserve to be rewarded for the failure of the premises owner to secure his or her property.

The victim in this case was raped when her assailant entered through a window in the apartment. Lawyers for the apartment complex argued that the victim had created the circumstances that allowed her to be raped by giving extra apartment keys to friends and family. The victim's lawyers defeated these defenses, asserting that the lack of security in the apartment complex is what ultimately precipitated the rape. We are proud of our colleagues for obtaining justice for the victim, and we continue efforts at our firm to achieve justice for victims of similar crimes.

Under Georgia law, an apartment owner has a duty to keep the apartment complex safe. Where an apartment owner has reason to anticipate criminal activity on its property through prior crime at the apartment or in the surrounding area, the apartment owner must take reasonable steps to provide adequate security. If the apartment owner fails to undertake these steps, he or she is liable for any injuries that occur to its invitees as a consequence.

The family of a man killed while riding a scooter has settled their claim against the at fault party with the assistance of their Atlanta motorcycle accident lawyers. As personal injury attorneys handling wrongful deaths, brain and spinal cord injuries, and other injuries occurring as a consequence of motorcycle accidents, we believe that this was a good result for the family.

The wrongful death decedent was killed whole operating his motor scooter on a Georgia Highway in July of 2007. An individual in an automobile cut the decedent off causing a head on collision. The decedent died at the scene as a consequence of massive head trauma. The at fault party tested positive for cocaine shortly after the collision, as well as THC.

In addition to the personal liability of the at fault party, lawyers for the decedent argued that his employer was also liable under the doctrine of respondeat superior. Under this theory of the law, an individual's employer can be liable for the negligent acts of the employee if the negligent acts occur while the employee is acting in furtherance of the employers business at the time of the negligent act.

Over the last several years, our lawyers have represented a number of AirTran employees in workers compensation claims and third party work injury lawsuits. The types of cases that we handle range from catastrophic claims where AirTran employees have been confined to a wheelchair to slip and fall accidents occurring at airports and on tarmacs. As AirTran has grown as an airline, we have seen the number of AirTran work injuries similarly increase.

A recent Airtran Atlanta workers compensation case has recently garnered local headlines. In January of this year, an AirTran gate agent was attacked by an Army soldier at Atlanta Hartsfield Jackson Airport. The gate agent was assisting passengers with connecting flights when the soldier approached her and demanded that she assist him. When she suggested that she was unable to assist, the soldier spit at her and pushed her into another passenger. As a consequence, she suffered a shoulder injury. The soldier was charged with simple assault, but the charges may be elevated.

While the gate agents injury is certainly not a typical AirTran workers compensation claim, it is still, nonetheless and compensable work accident. Under Georgia workers compensation law, the gate agent would be entitled to medical care as long as it is needed, weekly compensation checks for as long as she is unable to return to work and a disability payment in the event her injuries are permanent.

As Atlanta workers compensation lawyers handling work injury claims for employees and flight attendants injured while working for airlines such as Delta Airlines and AirTran Airways, we were interested in reviewing the 2010-2011 Flight Attendant Occupational Handbook which is published by the United States Department of Labor. We are keenly aware that Delta and AirTran workers compensation claims are frequent, as our lawyers understand that baggage handlers and flight attendants are at an increased risk for injury. The Department of Labor Report was enlightening, however, as it reveals that flight attendants injuries are more frequent than previously thought.

The Department of Labor publication indicates that flight attendants experience a higher than average work injury rate as compared to all other occupations. The handbook notes that most injuries to flight attendants will occur while opening storage compartments or while navigating beverage carts. Additionally, however, the handbook suggests that many medical conditions will occur as a consequence of the irregular eating and sleeping schedules maintained by flight attendants. Also, the cabin pressurization and recycled air may contribute to certain pulmonary illnesses. Finally, we were somewhat surprising to learn that another major source of flight attendant injuries is unruly passengers whom flight attendants are compelled to restrain on occasion.

A Marietta man injured when a pallet of plywood fell on him while shopping at Home Depot was recently awarded $1.5 million dollars by a Georgia jury. As Atlanta personal injury attorneys representing victims in premises liability claims, this was an excellent result for the Plaintiff. Do-it-yourself warehouses such as Lowes and Home Depot are extremely dangerous venues, and personal injury claims are common.

Premise liability lawyers in Atlanta and throughout Georgia are able to request that a jury award their Clients compensation for the financial damages (medical bills, lost wages, etc.) that they have incurred via a personal injury, as well as for the pain and suffering that they have incurred incidental to their injuries. In the Atlanta Home Depot personal injury premise liability case, the jury awarded the Plaintiff medical expenses in the amount of $120,000.00.

In addition to compensation for his pain and suffering and for his medical expenses, the Plaintiff was also awarded a sum for past and future lost wages. His wife was also awarded $30,000.00 for her loss of consortium.

We continue to read through new data released by the U.S. Department of Labor relating to work related deaths in Georgia. As Atlanta work injury attorneys, this information is of critical importance to us as it indicates in which industries our Clients are most at risk. The figures also reveal other statistical information, such as the average age of workers in occupational accidents, which assist Georgia injury attorneys in determining which Clients are more susceptible to work accidents.

Georgia workers compensation attorneys may be interested to learn that, of the 171 workers compensation deaths in Georgia in 2008, almost one-third (52) involved workers between the ages of 45-54. This statistical group was followed by 35 fatalities involving Georgia workers ages 35-44, and 30 deaths involving workers ages 25-34. Interestingly, older workers were just as susceptible to work related deaths in Georgia in 2008, as there were 35 deaths involving workers age 55 and older.

Another interesting data set released by the Department of Labor shows that of the 171 work deaths in Atlanta and throughout Georgia in 2008, 78 occurred in goods producing industries such as mining, construction, and manufacturing. Another 78 deaths occurred in service providing industries such as banking, leisure and hospitality, and the transportation. The remaining fatalities, 15, were related to government work activity, with 5 occurring at the federal level, and 10 at the local level.

A posting on our Atlanta Injury Lawyer blog last week discussed a recent statistical report published in the Atlanta Business Chronicle indicating that the number of Georgia workers compensation deaths declined in 2008. As an Atlanta workers compensation attorney, I had speculated that this drop was likely due to the U.S. economical climate which has led to a slowdown in the construction industry. Much to my surprise, however, further research has revealed that most workers compensation fatalities in Georgia are not related to work site accidents.

In 2008, of the 171 work deaths reported to the State Board of Workers Compensation, more than one-third were caused by car and truck accidents occurring in Atlanta and throughout Georgia. Specifically, 62 work accident fatalities were caused by car and truck accidents. As both an Atlanta car accident attorney and an Atlanta workers compensation attorney, this figure was unexpected.

Following car and truck accidents, the most common cause of work related deaths in Georgia was "contact with objects and equipment" and "falls," which each accounted for 28 work fatalities. "Assaults and violent acts" resulted in 26 occupational deaths in Georgia, with "fires or explosions" (16) and "exposure to harmful substances" (11) accounting for the remainder fatalities.

As an Atlanta work injury attorney, I was interested to read a statistical report released in this week's Atlanta Business Chronicle analyzing workers' compensation cases in Georgia. The report showed that in the calendar year 2008, wrongful deaths related to work accidents declined significantly. Atlanta work accidents relating in deaths dropped to 62 from a total of 90 in 2007, while Georgia occupational fatalities dropped to 171 from 193 in the previous year.

Atlanta injury lawyers, and workers compensation lawyers throughout Georgia, have suggested that they have seen a decline in the number of work-related injuries in the last year. Obviously, many relate this to the down turn in the economy. As the construction has slowed substantially, so to have the frequent work injuries associated with the industry. While it is certainly a blessing that we have seen less work accidents in Georgia over the last year, it is troubling that this phenomenon appears to be associated with a weak job market as opposed to safer occupational standards.

As the economy resuscitates and the construction industry begins to pick up steam, Atlanta's accident attorneys anticipate that work accident figures will similarly escalate. We hope that most of these injuries will be minor, however, and that fatal occupational injuries will continue to decline.