Atlanta Injury Lawyers Blog

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.

As an Atlanta premises liability lawyer who represents Clients in slip and fall cases, I am anxiously awaiting the result of a case against Wal-Mart that is scheduled to go to trial in the coming months. The case involves a slip and fall accident that ultimately resulted in the wrongful death of the victim. In July of 2009, Julie Lehman was shopping in Wal-Mart when she slipped on a wet floor in the automotive section of the store. She was diagnosed with a blood clot in her brain incidental to the fall, and she was compelled to undergo emergency surgery. Julie died while in surgery, and her husband thereafter brought suit for her wrongful death and her pain and suffering.

Atlanta's best lawyers, and attorneys throughout Georgia, will readily admit that slip and fall cases are among the most difficult to win. This is because the law as it currently stands in Georgia heavily favors store owners. In particular, in order to establish that a store owner is liable for the injuries in a slip and fall case, Georgia personal injury attorneys are required to establish: (1) that the owner either knew, or should have known, of the dangerous condition which caused the fall; and, (2) that the injured victim did not have knowledge of the condition. The hardest of these elements to prove is the knowledge of the store owner. The law as is currently stands does not require a store owner to check it's aisles for dangerous conditions at very frequent intervals. Some cases hold that a walk through every 90 minutes is satisfactory, and if a dangerous condition occurs within that interval it would not be required to have knowledge of that condition. This is very unfair to injured victims as it does not require the store to be very proactive in preventing dangerous conditions from arising.

Our attorneys have been very successful in pursuing premises liability/slip and fall cases in Atlanta and throughout Georgia, but it is critical that we are contacted by the injured victim as soon as possible. The reason for this is that we want to make sure any evidence which establishes that the store owner failed to conduct a search of its store is preserved. Store surveillance videos are a great source for establishing this, and, as many such tapes are erased every 30 days, we want to demand that the store owner refrain from erasing the tapes.