Premises Liability: September 2009 Archives

September 16, 2009

Georgia Injured Workers may have both a Workers Compensation Claim and a Personal Injury Case

Our law firm was recently hired by a man seeking an Atlanta accident attorney to assist him with his personal injury case. The man was involved in a motor vehicle accident while driving his company's truck. The motor vehicle accident was not his fault, and the man suffered a spine injury as a result of the collision. He contacted us to assist him in his workers compensation claim against his employer. When we informed him that Georgia law allowed his attorney to also pursue a personal injury claim against the at fault driver, he was surprised. Apparently, his employer had told him that Georgia workers compensation law only allowed him to pursue a workers' comp claim.

Overturned Dump Truck.jpgThis story inspired me to offer two lessons to our blog readers. The first lesson is, if you are ever involved in a work accident, be immediately skeptical of whatever advice your employer offers you. Too many times as a Georgia attorney have I seen my workers' compensation Clients misled by an employer whose primary concern is the impact that the work injury will have on its insurance premium. As we have posted in prior blogs entries, the victim of a work accident in Georgia in entitled to a number of benefits ranging from medical care to weekly indemnity checks. The workers compensation system in Georgia is very intricate, and an injured worker should seek the assistance of a qualified Georgia attorney before taking any advice from an employer.

The second lesson is that the workers compensation system is not always the only avenue of redress for an individual hurt in a work accident. It is true that Georgia law includes a statute that is commonly referred to as the 'exclusive remedy doctrine' which prohibits an injured worker from bringing a personal injury action against its employer. This statute does not, however, apply where a third party unrelated to the employer is at fault in causing the work accident. Under such circumstances, the injured worker may also have a personal injury case in addition to the workers compensation claim. Examples of this would be where a company driver is hurt in a car accident caused by another driver (car accident personal injury case), where a worker is hurt by a faulty machine (products liability claim), or where an injured worker slips and falls or is the victim of a violent crime while on a property not owned or leased by the employer (premises liability case).

In order for a victim of a work injury to properly assess any and all claims that are available under Georgia law, it would be advisable for the injured worker to seek guidance from a Georgia attorney. The Murray Law Firm has recovered millions of dollars for our workers compensation clients, and we would be pleased to answer any questions from potential Clients free of charge. The Murray Law Firm is based in Atlanta, and represents Clients throughout Georgia including Savannah, Augusta, Columbus, Macon, Dalton, Rome, and Athens.

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September 14, 2009

Apartment Complex Rape Victim and Atlanta Premise Liability Attorneys Obtain $9 Million Verdict

A Fulton County Jury awarded $9,000,000.00 to a woman who was brutally robbed and raped in her apartment in Marietta, Cobb County, Georgia, just outside of Atlanta. The jury in this Atlanta premises liability case was provided with evidence showing that the owners and management of the property negligently maintained and secured the premise and, as a consequence, failed to properly and adequately offer security to its tenants. Although the rape occurred in Cobb County, the case was tried in Fulton County as the owners of the apartment complex and the property's management company resided in that venue.

Crime Scene Tape.jpgViolent criminal activity at apartment complexes is a major problem in Atlanta and throughout Georgia. The Murray Law Firm regularly represents victims of rapes, shootings and other crimes that have been perpetrated because of the property owner's or management company's failure to provide adequate security. In many instances, these crimes occur because of the apartment complex's failure to correct minor problems such as inadequate or inoperable lighting, or an inoperable controlled access gate.

Once retained by a Client who has been the victim of a violent crime at a Georgia apartment complex, we immediately conduct an investigation to determine what level of criminal activity occurred at the property and in the surrounding area, and what measures could have been undertaken to prevent the crime from occurring. We regularly interview current and former residents of the apartment complex, as well as current and former employees of the management company. We will also request from the local police department a criminal activity report to identify what crimes took place on the property and in the surrounding area in the preceding 5 years. In many instances, we learn that the owners of the apartment complex and its management company were aware of violent criminal activity, but did little if nothing to protect its residents.

Continue reading "Apartment Complex Rape Victim and Atlanta Premise Liability Attorneys Obtain $9 Million Verdict" »

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