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Atlanta personal injury lawyer blog Wednesday, September 30, 2009

Distracted Driving Summit Reports New Statistics

Earlier today Transportation Secretary Ray LaHood kicked off a historic summit to tackle the dangers of distracted driving. The two-day summit brings together safety experts, researchers, industry representatives, elected officials, and members of the public to share their expertise, experiences, and ideas for reducing distracted driving behavior and addressing the safety risk posed by the growing problem across all modes of transportation. New research presented at the summit shows a disconcerting increase in the use of handheld devices among all drivers.

“Every single time someone takes their eyes or their focus off the road - even for just a few seconds - they put their lives and the lives of others in danger,” said Secretary LaHood. “Distracted driving is unsafe, irresponsible and in a split second, its consequences can be devastating.”

In 2008, 5,870 people died and approximately 515,000 people were injured in crashes where police reported driver distraction. Since police cannot always identify instances of driver distraction, the true numbers are likely much higher. On any single day in 2008, more than 800,000 vehicles were driven by people using handheld cell phones. Drivers are also using ipods, video game systems, and GPS systems.

More recent data from the National Highway Traffic Safety Administration (NHTSA):

Driver distraction was reported to have been involved in 16 percent of all fatal crashes in 2008 according to data from the Fatality Analysis Reporting System (FARS).

The age group with the greatest proportion of distracted drivers was the under-20 age group—16 percent of all under-20 drivers in fatal crashes were reported to have been distracted while driving.

An estimated 22 percent of injury crashes were reported to have involved distracted driving, according to data from the General Estimates System (GES).

Based on data from the National Motor Vehicle Crash Causation Survey (NMVCCS), a nationally representative survey of the crashes in which the critical reason for the crash was attributed to the driver, approximately 18 percent involved distraction.

During the 100-Car Naturalistic Driving Study, driver involvement in secondary tasks contributed to over 22 percent of all crashes.

“We now know that the worst offenders are the youngest, least experienced drivers,” said Secretary LaHood. “Unfortunately though, the problem doesn't end there. Distracted driving occurs across all age groups and all modes of transportation, from cars to buses and trucks to trains. We must work together to find solutions that will prevent crashes caused by driver distraction.”

At the end of the summit, Secretary LaHood is expected to announce concrete steps that the Transportation Department will take to combat the problem of distracted driving.

If you want to follow the summit, you can watch it live at dot.gov. You can also visit the MLN Personal Injury Law Blog for updates.

If you or a loved one has been injured by a distracted driver, contact an experienced Georgia accident lawyer as soon as possible. Time is of the essence. For legal advice, call MLN Law at 404-531-9700 to schedule a free consultation.

Labels: driver safety, driving and texting

posted by Michael L. Neff
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Truck Drivers Want to Keep On-Board Computers

As if cell phone weren’t distracting enough, many long-haul truck drivers have on-board computers in their cabs, and they don‘t want to give them up. They typically have the monitor set up near the steering wheel, and they hold the keyboard in their laps. They use the computers to get directions, check email, surf with Internet, and stay in touch with dispatchers as well as family members.

A Distracted Driving Summit organized by the Transportation Department begins today in Washington, and some truck drivers are worried that new legislation will take away their rights to use text messaging devices as well as on-board computers while driving. Many trucking companies have invested heavily in on-board computer technology to facilitate communication with truckers.

In a New York Times article published on Sunday, Clayton Boyce, spokesman for the American Trucking Associations, argued that the computers require less concentration than cell phones because they “have a screen that has maybe two or four or six lines [of text], and [truck drivers] are not reading the screen every second.”

“We’re supposed to pull over [to use on-board computers], but nobody does,” said Kurt Long, 46, a trucker from Oklahoma. “When you get that load, you go and you go and you go until you get there.”

Long’s computer contains a warning: do not use while vehicle is in motion. “But it gives you a proceed button,” he said with a laugh during an interview at a truck stop.

Most trucks with on-board computers must use them while they are driving. They cannot afford to pull over to use the computer because that would lose valuable time.

The Virginia Tech Transportation Institute videotaped truckers behind the wheel and found that those who use on-board computers are 10 times more likely to crash, almost crash, or wander from their lane. The same study found that truckers are 23 times more like to crash when sending text messages. Researchers note that truckers typically use on-board computers more often than they text.

Richard Hanowski of Virginia Tech asks, “Is this any different than texting? With either one, the risks are very high.”

Some on-board computers are designed so that they will not work when the vehicle is in motion, and some trucking companies already have bans or partial bans on cell phone use and computer use while driving.

Randy Mullett of the Con-way trucking company explained that his company’s drivers only use the computer technology to communicate with dispatchers. The truckers have to push a button on the screen to acknowledge that they received the message. Mullet said it’s not much different than pressing a radio button.

Mullett said, “If it took a driver 15 minutes, four times a day to pull over, you’d basically lose 10 percent of a driver’s time. You can’t take 10 percent of a truck fleet out of service to make them answer…. Let’s figure out a way to work with Congress that doesn’t make these technology advances obsolete or less efficient than they are.”

I personally do not like the idea of any driver using on-board computers or cell phones. Their eyes should be on the road at all times. A brief distraction can lead to the loss of multiple lives.

Long, the truck driver from Oklahoma might agree with me now. The New York Times reported that he had a wreck last week after taking his eyes off the road to reach for a cup of coffee.

“I guarantee, if you’re not an ace on that keyboard, you’ve got to look to find them letters,” he said. “Sometimes, it takes a lot longer to find a letter on that keyboard than it does to get a cup of coffee.”

Let’s hope that the Distracted Driving Summit will result in swift legislation that prevents accidents and saves lives.

If you need legal advice about an injury caused by distracted driving, call Atlanta truck accident lawyer Michael Neff at 404-531-9700 to schedule your free consultation.

Labels: distracted drivers, driving and texting, truck safety

posted by Michael L. Neff
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Atlanta Initiative Aims to Stamp Out Child Prostitution

Child sexual exploitation is a topic few people can stomach, but unfortunately, adolescent girls are being commercially exploited for sexual purposes here in Georgia to the tune of 250 children per month. That means that more adolescent girls are harmed by commercial sexual prostitution (i.e. prostitution, sex trafficking, or pornography) each month than are killed in car accidents in an entire year. And child sexual exploitation is not just an inner city problem. The problem is statewide and pervasive.

Child sexual exploitation is a chilling problem and one that we all like to think could never happen in our backyard. But fortunately for these suffering young girls, they now have advocates in Georgia – a public/private partnership called A Future, Not a Past.

Atlanta has been identified by the FBI as one of the top hubs in the nation when it comes to child prostitution. That means that children can been seen on the city streets offering sexual services and that child sex trafficking rings often transport children through Atlanta on the way to other destinations.

A Future, Not a Past was started as the result of this finding. Run by the Juvenile Justice Fund, A Future Not a Past seeks to prove that young girls who find themselves caught up in prostitution are not, in fact, criminals, but victims of the adult criminals who serve as their pimps and traffickers. Through research, intervention, prevention and education, A Future, Not a Past strives to curb child prostitution through whatever means possible.

So far, efforts have included a study, which found that 65% of men searching for sex on popular web sites like Craigslist respond to advertisements promising “young” girls. They have also attempted educated the public about the supply and demand side of child commercial sexual exploitation. As long as “johns” suffering relatively few consequences for pay for sex with children and teens, the problem will continue.

A Future, Not a Past also holds public events such as classes and seminars to educate the public about the facts of child commercial sexual exploitation and what they can do to aid the fight. One bright note comes from the law enforcement community. Because Atlanta has been identified as a hub, and because internet-related sexual transactions often cross state lines, the FBI has joined state and local law enforcement to curb child commercial exploitation.

But A Future, Not a Past can’t do it alone. It will take the efforts of all Georgians to stamp out this insidious and heartbreaking tragedy. The A Future, Not a Past website includes information on the warning signs that a child might be a victim of commercial sexual exploitation. If you suspect that a child is being commercially sexually exploited, contact law enforcement or one of the below resources immediately:

Georgia Statewide Tip Line
(404) 577-8477

National Center For Missing and Exploited Children Hotline
1-800-THE-LOST

Dear John Hotline
(404) 379-3602

Labels: atlanta, child sexual abuse, child sexual exploitation, Georgia

posted by Michael L. Neff
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Tuesday, September 29, 2009

Safety Advice for Parents of Teenage Drivers

Auto accidents are the leading cause of teenage death in the United States. Car wrecks kill more than 5,000 teenagers each year. In 2007, more than 7,000 people were killed in wrecks involving teenage drivers. In the same year, more than 250,000 teenage drivers were injured.

Teenage drivers are typically inexperienced, easily distracted, and more careless than adult drivers. What can parents do to reduce the risk that their teenage driver will have an accident? The October issue of the journal Pediatrics includes two articles that suggest advice for parents of teen drivers.

In the article “Primary Access to Vehicles Increases Risky Teen Driving Behaviors and Crashes: National Perspective,” the authors found that 25 percent of teens who had primary access to vehicles had been involved in crashes. Only 10 percent of teenagers with shared vehicle access had been involved in accidents. The researchers also found that, when compared to drivers with shared access, drivers with primary access are more likely to use cell phones while driving and drive over the speed limit.

Why is that? Perhaps teens with primary access to a vehicle tend to think, “This is my car, so I can do what I want” (even if their parents bought the car for them). On the other hand, when teenagers have to ask for the car keys, they’re more likely to be careful behind the wheel, and parents are in a better position to monitor driving habits and behaviors.

A friend of mine waited until a year after her daughter got her driver’s license before she helped her daughter buy a used car. The daughter has never had a wreck or gotten a ticket. If you have a teenager, consider waiting a year or two before buying them a car of their own. They probably won’t be happy with the decision, but it just might save their life (or the life of someone else).

In the other Pediatrics article titled “Associations Between Parenting Styles and Teen Driving, Safety-Related Behaviors and Attitudes,” researchers examined how different parenting styles affect teenage driving. In the study, 50 percent of the parents were authoritative, 23 percent were permissive, 8 percent were authoritarian, and 19 percent were uninvolved. Authoritative parents were defined by high support and high control; permissive parents had high support and low control; authoritarian parents had low support and high control; and uninvolved parents exhibited low support and low control.

Can you guess which parents had the safest teenage drivers? Authoritative parents who offered both support and control had the safest teen drivers. Compared to teens with uninvolved parents, those with authoritative parents had half the crash risk, and they were 71 percent less likely to drive while intoxicated. They were also less likely to use a cell phone while driving. Teens with authoritative or authoritarian parents used seat belts twice as often and reported speeding half as often as teen drivers with uninvolved parents. In this study, there was no significant difference between permissive and uninvolved parents.

The study suggests that parents of teenage drivers should lay down the rules while offering emotional support. Make sure that your teenager is well aware of the risks of driving. Treat your teen like an adult. Work with your teenage driver to develop a written list of driving rules. When your teen breaks a rule, enforce the rules by temporarily restricting driving privileges.

If you need the legal advice of an experienced Georgia auto accident attorney, call MLN Law at 404-531-9700 to schedule your free consultation.

Labels: auto accident, avoid wrecks, car crashes, teen drivers, teenagers

posted by Michael L. Neff
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Are you a Safe or an Unsafe State Park Visitor?

Few people can think of a more innocuous place to visit with children than a state park. These state protected areas are often remote and secluded, and families can find themselves alone enjoying nothing but nature and the pleasure of one another’s company. Though the 2008 murder of hiker Meredith Emerson caused a stir about the safety of state parks, there are relatively few incidents of person on person crime reported in state parks.

No, most people visiting state parks manage to get into trouble all on their own. Here are the few of the ways to virtually guarantee that your next state park visit won’t be the dream outing you planned along with, of course, tips on how you can be a safer, better state park visitor.

Unsafe state park visitors:

1.) Wander Out of Designated Areas – Sites in state parks are designated as camp grounds and trails for a reason. They have been set aside for visitor and they are monitored by park employees. Many state park accidents and incidents occur when visitors wander outside the prescribed boundaries and into restricted areas. Accidents that have occurred include everything from the predictable – drowning while swimming in a dangerous, off-limits river, getting lost in untamed wilderness, or animal attack – to the bizarre, such as wandering into a trap after inadvertently discovering someone’s liquor still or marijuana field. When visiting state parks, stick to the designated areas or be prepared for some scary results!

2.) Fail to Come Prepared – Accidents can occur when people visit state parks without proper food and water, or even car maintenance. Before visiting a state park, plan your itinerary, then check the park’s website or with the state’s Park Service for tips on how to prepare for your outing. Be sure to bring a map if you plan to hike or explore.

3.) Fail to Follow Rules – Camping outside of designated areas, feeding animals, starting a fire, or even driving too fast in a state park can lead to serious trouble. Read the rules at the welcome center or ranger’s station and remember that the rules were made for a reason.

4.) Rely on Cell Phones – Cell phones have become such a ubiquitous part of our lives that we fail to learn what to do without them. But if you get lost in a remote part of the state park, chances are very good that a little plastic device won’t be much help. Don’t do anything at a state park you wouldn’t do (i.e. hiking alone, swimming without a lifejacket, etc.) without a cell phone.

5.) Failing to Inform Friends and Family – No matter how safe and well-patrolled a state park may be, accidents can happen. Tell a family member, friend or park worker if you plan to hike. Instruct them to call authorities if you do not return when you said you would.

Don’t let a trip to the state park end in an accident or injury. If you come prepared for disaster, you’ll usually find that what you get instead is a whole lot of fun.

Labels: child safety, Georgia

posted by Michael L. Neff
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Monday, September 28, 2009

Jury Awards $24 Million to Car Wreck Injury Victim

Last week Chicago’s Daily Herald reported that a Cook County jury awarded $23.8 million to a man who was disabled in a 2004 car wreck. The jury award is reportedly the largest to a paraplegic in Cook County history.

Andrzej Chraca, 38, received the award after a two-week trial on his 2004 automobile collision with Steve Miles, an Illinois Department of Transportation employee. Mile’s IDOT truck struck Chraca’s SUV in the accident.

During the trial, both drivers insisted that they had a green light, and police could not determine which driver was at fault. Six eyewitnesses gave conflicting testimony. The jury found for Chrace, apparently because his car was struck by Miles’ vehicle.

Chraca’s attorney Martin Healy, Jr., said, “You have to separate the case into liability and damages. Once they determined he was not the one who was primarily responsible for it and the were going to find for him, then you look at damages. The large verdict is justified by the injuries that were incurred, terrible injuries. He is going to suffer every day of his life.”

Both Chraca and Miles sustained back fractures and partial paralysis. Chraca is now a paraplegic. The wreck fractured a vertebra in his spine. He cannot walk without leg braces and a walker, and he typically uses a wheelchair. Neither Chraca nor Miles has returned to work since the accident.

“After five years, that’s what came over me, that I was vindicated,” Chraca said. He added that the monetary judgment would not make up for his permanent disability.

The jury award was initially more than $25 million, but the jury found that Chraca was 5 percent negligent and responsible for the accident because he was driving over the speed limit. This reduced his total award to $23.8 million. However, his attorney is not sure if Chraca will be able to collect the full amount: “There are limitations, and I’ll be honest with you, it’s going to be subject to other litigation.”

The Illinois Department of Transportation, Miles’ employer, will be responsible for $2 million in the judgment; this amount will be covered by insurance. Natalie Bauer, spokesperson for the Illinois Attorney General’s Office, said, “We’re reviewing the judgment at this point and considering post-trial motions.”

Spine injuries like the one sustained by Chraca often result in partial or complete paralysis, and recovery can be a long, difficult process.

If you are ever injured in a automobile accident, call 911 immediately. Do not discuss the accident until police arrive. Never admit fault. Collect contact information from witnesses, and take photos if possible. If you don’t have a cell phone camera, buy a disposable camera. Evidence may be lost if you don’t take photos immediately. See a doctor as soon as possible and make sure that your injuries are documented. Contact a personal injury attorney as soon as possible, too. The faster you act, the better your case will be. If you have questions about your legal rights, contact Georgia accident lawyer Michael Neff to schedule a free consultation.

Labels: auto accident, car wreck, spine injury

posted by Michael L. Neff
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When Jurors Tweet

Chicago attorney Robert Clifford recently published an interesting article titled “Twittering in the Jury Box.” In the article, Clifford reports that in March a company asked an Arkansas court to overturn a $12.6 million judgment because a juror used Twitter before, during and after the trial, demonstrating bias. One Twitter message from the juror read: “I just gave away TWELVE MILLION DOLLARS of somebody else’s money.“ Washington County Circuit Court Judge Mark Lindsay dismissed the request to overturn the judgment. The Associated Press reported that “while Lindsay said the posts by the juror Johnathan Powell were in bad taste, the messages didn’t amount to improper conduct.” Greg Brown, attorney for the successful plaintiff, said that it was obvious that information about the trial had “gone out but nothing came in.” In other words, no outside information had reaches the jurors. While Powell had sent some information out, the judge found that it did not deprive the parties of a fair trial.

Also in March, attorneys for former Pennsylvania state senator Vincent Fumo asked for a retrial in a federal corruption case because a juror posted updates about the case on Twitter as well as Facebook. The tweeting juror told his followers to get ready for a “big announcement” after the jury had deliberated for six days. The judge did not dismiss this juror, and Fumo was convicted on 137 charges. His lawyers plan to appeal.

Last year, a British court did dismiss a juror after she posted details about a sexual assault case on her Facebook page and wrote, “I don’t know which way to go, so I’m holding a poll.”

If you’re not familiar with Twitter, then you’re behind the times. Social media applications like Twitter and Facebook are not just for kids these days. They’re popular among adults and businesses. In fact, you can follow me on Twitter. (But don’t expect to learn about the details of any of my cases!)

Twitter is a free social media application that allows subscribers to send out short text messages to their followers. The text messages are limited at 140 characters. The messages, or “tweets,” may be received online or as cell phone text messages.

There are currently more than six million Twitter users who send out approximately 25 million tweets a day. Twitter is changing the way that news is broadcast, as it allows for instantaneous transmission of news.

During a recent interview with CNBC, President Obama called Kanye West a “jackass” in an off-the-record comment. However, ABC reporter Terry Moran hearted the comment and posted it on Twitter. Moran quickly deleted his tweet, but the damage was already done. ABC was forced to apologize for Moran’s journalistic breach.

From the courtroom to the newsroom, social media applications are changing the way things are done. Some judges now allow live blogging by reporters during trials.

My personal injury law blog and Twitter account have certainly affected my law practice. They help me to stay abreast of all the latest developments in personal injury law.

Labels: jury

posted by Michael L. Neff
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Binge Drinking and Driving: More Common Than We Knew

A new study from the Centers for Disease Control has found that 1 out of 10 people got behind the wheel the last time they went on a drinking binge. Further, over half of those drivers left from a bar, restaurant or night club. This first of its kind study has shed new light on a formerly unstudied drinking behavior and suggests that new policies are needed to prevent public places from over serving people who are already intoxicated.

Binge drinking is defined as having more than five drinks in one sitting for a man and more than four drinks in one sitting for a woman. The CDC study looked at 14,000 people who said they regularly had five or more drinks in one sitting at least once per month. Twelve percent of participants admitted that they got behind the wheel within two hours of a binge. And while five drinks may seem like an overwhelmingly large number, half of the drivers who said they drove away from a bar, restaurant or other establishment admitted to having seven drinks. A quarter of those had imbibed a whopping 10 or more drinks before taking to the roads.

Dr. Timothy Naimi of the CDC’s Alcohol program led the study, which was released earlier this month. According to Naimi, binge drinking is the main factor behind the more than 11,000 deaths caused annually by alcohol-related motor vehicle crashes.

So what can we do about binge drinkers? As reported in the Atlanta Journal Constitution, most states already have laws in place that are supposed to prevent bars, nightclubs, restaurants and other drinking establishments from selling alcohol to drunk patrons. But local law enforcement simply does not have the personnel to spend a great deal of time inside bars enforcing over-serving laws, especially on busy Friday and Saturday nights.

“[Over serving laws] are among the most disregarded laws in the country,” said Naimi.

Unfortunately, over serving is one juncture where commerce and the law disagree. It is in the best interest of a bartender or restaurant owner to continue to serve drinks as long as patrons or ordering. Working for tips, word of mouth, and repeat business, bartenders and owners are best served if they keep serving, and serving, and serving drinking patrons.

There is a bit of good news along with the bad. This most recent CDC study is based on phone surveys taken in 2003 and 2004, but since then, according to the National Highway Traffic Safety Administration, drunk driving fatalities have decreased almost 10%.

Further, new technology has helped in the fight against drunk driving. Some judges have taken to punishing drunk drivers with court-mandated devices that do not allow a car to start until the driver breathes into a breathalyzer device and confirms that their blood alcohol level does not exceed the legal limit.

Unfortunately, efforts like in-car breathalyzer tests focus on punishing offenders, not enablers. Restaurants, bars and nightclubs rarely find themselves penalized for over-serving patrons.
“The drinking location is really important,” said Naimi. “We’re trusting these licensed establishments to serve responsibly, and more than half of the intoxicated people who drive have been drinking in these places.”

Also according to Naimi, a follow-up survey in 2008 found that the binge drinking and driving situation hadn’t changed. Results of the follow-up are pending release.

If you or someone you know has been injured by a drunk driver, you have legal recourse. Call MLN Law at 404-531-9700 to schedule your free consultation.

Labels: alcohol, drunk driving

posted by Michael L. Neff
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Friday, September 25, 2009

Children’s Tylenol Recalled along with Big Lots Bunk Beds

Various products are recalled every day. Some recalls are more serious than others. In the past week, I’ve learned about two recalls that I consider to be very serious: contaminated children’s medicine that could make them sick and bunk beds that could fall apart.

Several batches of Children’s Tylenol have been voluntarily recalled, including:

Children’s Tylenol Plus Cold MS Suspension 4 oz Grape - UPC # 300450391049
Children’s Tylenol Suspension 4 oz Grape - UPC # 300450296047
Children’s Tylenol Suspension 4 oz Bubble Gum - UPC # 300450407047
Children’s Tylenol Suspension 4 oz Strawberry - UPC # 300450493040
Infants’ Tylenol Grape Suspension Drops 1/4 oz - UPC # 300450122407
Infants’ Tylenol Suspension 1/2 oz Cherry - UPC # 300450186157
Children’s Tylenol Dye Free Suspension 4 oz Cherry - UPC # 300450166043
Children’s Tylenol Suspension 4 oz Cherry - UPC # 300450123046
Children’s Tylenol Plus Cough & Runny Nose 4 oz Cherry - UPC # 300450249043
Infants’ Tylenol Suspension Drops 1/2 oz Grape - UPC # 300450122155
Children’s Tylenol Plus Flu 4 oz Bubble Gum - UPC # 300450386045
Children’s Tylenol Plus Cold Suspension 4 oz Grape - UPC # 300450387042
Children’s Tylenol Plus Cough/ST Suspension 4 oz Cherry - UPC # 300450247049
Infants’ Tylenol Suspension Drops 1 oz Grape - UPC # 300450122018
Infants’ Tylenol Dye Free Suspension 1 oz Cherry - UPC # 300450167019
Children’s Tylenol Pediatric Suspension 1 oz Cherry - UPC # 300450123015
Infants’ Tylenol Suspension Drops 1 oz Cherry - UPC # 300450186300
Children’s Tylenol Plus Cold/Allergy 4 oz Bubble Gum - UPC # 300450390042
Infants’ Tylenol Drops 1 oz Grape - UPC # 300450122100
Infants’ Tylenol Grape Suspension Drops H/G 1/2 oz - UPC # 350580144183
Children’s Tylenol Suspension 4 oz Cherry, Hospital Govt. - UPC # 350580123034

These 21 batches of Tylenol products could be contaminated with Burkholderia cepacia (B. cepacia) bacteria, which was found in raw materials for the products. The affected batches were made from April 2008 through June 2008.

McNeil Consumer Healthcare, the subsidiary of Johnson and Johnson that manufactures Tylenol, said that no bacteria has been found in the finished product at this point. The bacteria has been known to cause infection through the use of contaminated nasal sprays and mouthwashes.

Check the Tylenol website for a full list of recalled products, including lot numbers (located on the bottom of the box and the bottle label). If you purchased a recalled product, call McNeil Customer Care at 1-800-962-5357. If your child has taken any of the recalled product, contact your health care provider.

Additionally, 20,000 big lots bunk beds have been recalled because of defective supports. The beds could collapse and potentially injure children. The U.S. Consumer Product Safety Commission (CPSC) announced yesterday that the mattress support slats and side rails have been found to be defective. At least four injuries have already been reported.

The recalled wooden bunk beds from Big Lots were sold between May 2008 and February 2009. The model numbers are WP-9108-1 or WP-9108-2 (located on a sticker on the headboard or footboard). If you purchased one of these beds, call Big Lots at 1-866-244-5687 for a free repair kit.

Need legal advice? Contact Georgia personal injury lawyer Michael Neff. Call 404-531-9700 to schedule your free consultation.

Labels: child safety, product recall

posted by Michael L. Neff
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Should Health Care Reform Include Medical Malpractice Liability Caps?

On Monday, the Atlanta Journal-Constitution published two very different responses to the above question.

Randolph W. Pate thinks that medical malpractice damage caps will lower insurance costs and reduce the practice of “defensive medicine.”

Georgia is one of several states that has already enacted medical malpractice liability reform. The state’s $350,000 cap on non-economic damages (like pain and suffering) is currently being questioned before the Georgia Supreme Court.

“These kinds of damages are inherently difficult to estimate in dollar terms and add tremendous uncertainty to medical malpractice cases,” wrote Pate. “The cap represents a social compromise.

“While it would be nice to say that pain and suffering damages should be limited only by jurors’ sympathy, the Georgia legislature decided that a limit must be put in place to ensure access to quality health care for its residents.

Available evidence suggests the reforms are working. The Georgia Medical Association reports that doctors’ medical liability insurance costs have gone down 18 percent since reforms were enacted, offering much-needed relief from skyrocketing premiums.

“Opponents of tort reform are quick to cite statistics stating that medical liability represents only 2 percent of overall health care costs.

“But these statistics fail to take into account the high cost of ‘defensive’ medicine — ordering extra tests and procedures, primarily to limit one’s vulnerability to medical malpractice lawsuits.

“President Obama mentioned that he’d ‘talked to enough doctors to know that defensive medicine may be contributing to unnecessary costs.’

“Indeed, there is no doubt that defensive medicine does contribute to unnecessary costs, and that those costs are staggering.

“A 2008 study found that 83 percent of Massachusetts doctors admitted to practicing some kind of defensive medicine.

“The researchers conservatively estimated $281 million in unnecessary physician costs and over $1 billion in excessive hospital admissions in Massachusetts alone.

“In 2004, Duke University researchers estimated nationwide defensive medicine costs at $70 billion a year — a sum that would pay for nearly Obama’s entire health plan.

“Caps on noneconomic damages can bring rationality to medical malpractice damage awards and lower liability insurance costs.
“But they are not the only way. Today’s tort system is slow, unpredictable and costly. Medical injury claims take years to resolve, leaving injured patients hurting and doctors with a cloud over their practices.

“Over half of damage awards given to plaintiffs are eaten up by lawyers’ fees, administrative costs, and expert witness fees.

“Other innovative proposals exist, such as ‘early offer’ programs (designed to encourage injured patients to settle early in the litigation process) and special medical courts. There are even special kinds of insurance patients can purchase to insure themselves against adverse medical outcomes.

“Georgia has already shown leadership in health care by taking solid steps to reform its medical liability laws, improving access to quality medical care.

“Georgians should let President Obama know that they’ve already taken steps to improve their medical malpractice system for all of the state’s citizens.”

But has medical malpractice reform really been successful in Georgia?

Betty Nestlehutt would say, “No!” Due to Georgia’s damage cap, Nestlehutt, age 71, was unable to recover her jury award after a botched surgery left her with permanent scars. The Supreme Court is currently considering her case.

C. Andrew Childers, a member of the Georgia Trial Lawyers Association, argues that caps undermine accountability and don’t deliver cost savings.

“We’ve been told for so long that lawsuits and large jury verdicts are the reason for our excessive health care costs that, despite the absence of any factual basis for such an allegation, some still think it’s true,” wrote Childers in the AJC.

“Supporters of so-called tort reform claim that the threat of lawsuits forces doctors to order unnecessary or excessive tests and procedures to protect themselves — a phenomenon they call ‘defensive medicine.’

“In reality, both the Congressional Budget Office and the Government Accountability Office under President George W. Bush cast serious doubts as to whether defensive medicine even exists.

“The town of McAllen, Texas, may illustrate this point best, as it is the home of the most expensive health care in the nation. Despite having caps on damages an injured victim may recover, doctors in McAllen still routinely order excessive testing and procedures. They don’t do so out of fear of lawsuits — Texas law already immunizes them. They do so because the fee-for-service structure set up by the health insurance industry actually encourages doctors to order them. The more tests and procedures doctors perform, the more they get paid. After Texas capped damages, allowing negligent doctors to harm patients without the fear of lawsuits, the number of medical malpractice complaints to the Texas State Medical Board actually rose from 2,942 to 6,000 in just one year.

“During the debate over reforming our health care system, tort reform — and more specifically, caps on damages a victim may recover no matter how badly he or she is injured — has been slyly added to the mix by the those out to derail health care reform at any cost. The facts prove that placing arbitrary limits on medical negligence verdicts would have little or no impact on the overall costs of health care.

“The New England Journal of Medicine published a study concluding that ‘portraits of a malpractice system that is stricken with frivolous litigation are overblown.’ The National Bureau of Economic Research found that tort reform laws do not avert physician shortages nor do they lead to better patient care.

“Data from the American Medical Association shows that the number of practicing physicians has actually been increasing across the board for many years. And the number of physicians is significantly higher in states without caps on damages.

“In most states, malpractice premiums have continued to go up, while the number of malpractice claims filed has remained stable or has gone down. Less than 1 percent of all civil cases are malpractice cases, and 48 states already have malpractice limits. And yet, the cost of health care continues to skyrocket.

“In the U.S., preventable medical errors are the leading cause of accidental death — and the sixth leading cause of death. A study by the Institute of Medicine found that 98,000 Americans die each year as a result of this preventable negligence. Just 6 percent of doctors are responsible for nearly 60 percent of negligent care — and the courts are the only effective means of holding them accountable. But capping damages a victim may recover undermines this accountability.

“Our forefathers devised a fair and just way for citizens to seek justice when someone harms them — through a trial before a jury. They didn’t believe that government should predetermine the outcome of a trial by limiting how juries assess individual cases. Taking away patient rights — by capping damages and limiting their 7th Amendment right to trial by jury — does not improve the quality of our health care system or produce cost savings. Health care reform should be about making sure that every American has access to quality, low-cost health care, not about limiting the constitutional rights of innocent patients harmed by preventable medical negligence.” [emphasis added]

I concur with Childers; every injured patient should be entitled to a fair trial by jury.

What do you think? Do you think that tort reform should be a part of health care reform?

If you need the advice of a Georgia medical malpractice attorney, call MLN Law at 404-531-9700 to schedule a free consultation.

Labels: medical malpractice, tort reform

posted by Michael L. Neff
0 Comments

State Bullying Laws Ineffective in the Fight Against School Bullying

Over the past two days I have blogged about the effects of bullying on children and parents. As a parent, whether your child is a bully or a bullying victim, it is hard to overestimate the negative effects that bullying can have on children. State lawmakers also understand the gravity of bullying, and, in the past few years, have passed laws designed to curb bullying and help parents, teachers and school administrators properly punish bullies. But anti-bullying advocate are now citing a recent spate of suicides by bullying victims to point out that state laws are not being enforced and do not go far enough to identify and punish bullies.

It’s not as if laws are not in place. Forty-four states have passed laws that expressly band bullying. These laws were passed back in the late 1990’s in response to another rash of bullying related crimes – school shootings. But anti-bullying advocates contend that the laws, which are supposed to identify and punish those who excessively torment their peers, are rarely, if ever, enforced.

The bullying issue was brought to Georgian’s attention again last April when 11-year-old Jaheem Herrera, a student in the DeKalb County school system, hanged himself after, his mother alleges, suffering from chronic school bullying. A later investigation denied the allegations, but parents of other bullying victims have since come forward complaining that Georgia school districts also failed to react when they reported school bullying.

The Atlanta Journal Constitution quoted Mike Wilson, who says his daughter was bullied for two years at the same school while teacher and administrators looked on.

"There is a systematic problem," Wilson told the AJC. "The lower level employees, the teachers, the principals, are trying to keep this information suppressed at the lowest possible level."

Georgia’s ten-year-old anti-bullying law is one of the toughest in the nation. It states that a school will be stripped of its state funding if it is found to have allowed more than three incidents of bullying from a single student. It also states that, after those three instances of bullying, a bully must be transferred to an alternative school away from his or her victim. According to the law, school systems found not complying will forfeit state funding.

Despite the tough language of the law, the Georgia Department of Education does not keep track of bullying statistics and was unable to report whether any students had been transferred due to repeated incidences of bullying. Spokeswoman Dana Tofig told the AJC that the department tallies transfers based on broader offenses than bullying, including categories such as fighting and threats.

"If the district is not enforcing its own bullying policy, and that's been happening repeatedly, the law says they can lose their state funding," Tofig said.

According to the Department, no schools have lost state funding as a result of failing to curb bullying.

Further, Georgia’s anti-bullying law only applies to students in grades 6 through 12. Jaheem Herrera was a 5th grader.

Many anti-bullying advocates, including Brenda High, who founded the web site Bully Police USA after her 13-year-old son Jared committed suicide due to bullying, advocate passing laws that equate school bullying with assault.

"The records and such need to be kept so that if the child is a chronic bully, they — after so many instances — will end up in an alternative school," High said.

School officials, though, raise questions such as: How do you quantify bullying? Starting rumors, internet bullying and even rolling the eyes can all be considered bullying in certain circumstances. And if that is the case, officials say, what can be done?

School bullying is as complex issue because it challenges both human emotions and behavior and the law. Watch this blog for more on school bullying news as this important story continues.

Labels: bullying, child safety, Georgia

posted by Michael L. Neff
0 Comments

Thursday, September 24, 2009

Texting While Driving Ban Becomes Hot Issue Across Nation

Reuters reports that automakers support calls to ban testing while driving.

“It’s common sense,” said Dave McCurdy, president of the Alliance of Automobile Manufacturers trade group. “The use of hand-held devices has increased dramatically, and I think there is a temptation to lose focus and take your eyes off the road.”

The Alliance of Automobile Manufacturers represents General Motors, Ford, and Chrysler, plus Toyota Motors, Volkswagen, and other foreign automakers.

The wireless industry, represented by the CTIA-Wireless Association, also states that text messaging is “incompatible with safe driving.”

CTIA said that there were more than a trillion text messages sent and received last year. They have no statistics on how many of those text messages occurred behind the wheel of an automobile.

Last year a Nationwide Insurance study estimated that approximately 20 percent of drivers are texting while driving. The study found that 66 percent of drivers between the ages of 18 and 24 are texting behind the wheel.

The National Safety Council wants to see a full ban on texting while driving as well as all cell phone use.

It seems as if the auto industry and wireless industry are supporting a ban on texting in hopes of offsetting a ban on all cell phone use behind the wheel.

Virginia Tech recently found that text messaging while driving is significantly more distracting than talking on a cell phone while driving. Researchers said that texting while driving “has the potential to create a true crash epidemic,” especially among teenagers.

At this point, 18 states and the District of Columbia have banned texting while driving. A few states have banned cell phone use behind the wheel. In New York and California, drivers must use hands-free devices while driving.

Senator Charles Schumer of New York has proposed legislation that would withhold 25 percent of federal highway money from states that do not ban texting while driving.

Next week the U.S. Transportation Department will hold a distracted driving summit in Washington to discuss the problem and possible solutions. Transportation Secretary Ray LaHood said, “Following the summit, I expect to have a list of concrete steps to announce.”

We’ll follow the distracted driving conference closely and keep you updated. I hope that the summit ends with concrete plans to ban texting while driving for truck drivers and bus drivers, at minimum. These large vehicles put us all in danger when their drivers are distracted.

Do you think texting while driving should be banned for all drivers? Do you think it should be illegal for truck drivers and bus drivers to text while driving?

If you’ve been injured by a distracted driver or hurt in a truck or bus wreck, call Atlanta accident attorney Michael Neff at 404-531-9700. We’ll set up a free consultation to answer any questions that you may have about your legal rights.

Labels: cell phone, driving and texting

posted by Michael L. Neff
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Obama Taps Trucking Industry Lobbyist for Head of FMCSA

In a New York Times editorial published on Tuesday, the newspaper questioned President Obama’s nomination of Anne Ferro, a truck industry lobbyist, as head of the Federal Motor Carrier Safety Administration (FMCSA).

Obama has said that he wants to limit the ability of lobbyists to enter government as high officials and influences policy from within. In fact, an executive order bars any former federally registered lobbyists who join the administration from dealing with their lobbying work or joining agencies they have lobbied in the past two years. Ferro has been representing trucking companies at the state government level as president of the Maryland affiliate of the American Trucking Association since 2003. The editorial views Obama’s nomination as a disconcerting inconsistency:

This disconnect should trouble members of the Senate Commerce, Science and Transportation Committee as they convene on Wednesday for Ms. Ferro’s confirmation hearing. It was wrong, as several committee members noted at the time, for the Bush White House to install people from the trucking industry to regulate their own industry. It is no less wrong for Mr. Obama’s to do it.

Ms. Ferro’s record on road safety includes some pluses. As the chief of Maryland’s motor vehicle agency, from 1997 to 2003, she implemented a graduated licensing system for new drivers and an ignition interlock program for drunken drivers.

But her more relevant experience these past six years was in supporting the trucking industry’s efforts to thwart and defeat policies and programs needed to protect the public and promote the health and safety of truck drivers. Just in January, Ms. Ferro co-authored a letter to The Baltimore Sun essentially defending the Bush administration’s loosening of regulations on drivers’ schedules and driver fatigue in defiance of considerable evidence of danger and two court decisions.

Ms. Ferro’s record, we believe, is disqualifying. With more than 5,000 fatal truck crashes a year, Americans cannot afford conflicts of interest in the running of their truck safety agency.

In her letter to The Baltimore Sun, Ferro defended the Bush administration decision to increase the number of consecutive hours that truck drivers can work. She wrote that the regulation improved safety by lengthening the required rest period for drivers. Others complained that the regulation would increase driver fatigue, which is a major cause of truck wrecks.

During Ferro’s senate confirmation hearing yesterday afternoon, Sen. Frank Lautenbery, D-NJ, said, “Given your ties, Ms. Ferro, to the trucking industry… I am concerned about your ability to take the bold action we need to keep Americans safe.”

“My passion is highway safety,” Ferro stated.

The Truck Safety Coalition, however, described Ferro as an “apologist for the trucking industry.”

Indeed, Ferro’s nomination could renew the court battle over hours of service rules for truck drivers. Her nomination is widely supported by the trucking industry. Bill Graves, president of the American Trucking Associations, said, “As [Maryland Motor Vehicle] administrator, she developed a reputation as a tough but fair regulator.”
We’ll keep an eye on this continuing story.

If you or a loved one has been injured in a truck accident, you need an experienced Georgia truck accident lawyer who understands the industry. If you have questions about your legal rights, call MLN Law at 404-531-9700 to schedule your free consultation.

Labels: truck safety, truck wreck, trucking

posted by Michael L. Neff
0 Comments

Are you the Parent of a Bully?

Yesterday I blogged about an important topic on the minds of parents this back to school season – bullying. I talked about signs that indicate a child is being bullied and practical steps that a parent can take to prevent or curb this insidious problem. But some parents may have a bullying problem at their child’s school and not even realize it. This is because, for those parents, their child is the school bully.

Children exhibit bullying behavior for a number of reasons. Bullying is often a reaction to physical or emotional abuse or neglect at the home. Bullies often turn to tormenting others because they feel powerless or lost. Other mental or emotional problems may also come into play in a child who bullies.

For parents, it may not always be apparent that their child is bullying at school. Here are a few signs to look for if you suspect your child might be a school bully:

• Lacks empathy; does not sympathize with others
• Shows or values aggression
• Likes to be in charge, sometimes almost compulsively so
• Is a poor winner and a sore loser
• Picks fights with brother and sisters
• Displays impulsive behavior

If you suspect that your child is bullying other children, you have a responsibility to your child and his or her victims to step up and take a stand. A bully can terrorize his or her victims, leaving them mentally and even physically scarred and disrupting their valuable education. Bullying behavior also indicates that a child is choosing inappropriate behaviors in his or her day to day social relations, an eventuality that could turn tragic if it follows them into adulthood.

If your child is accused of bullying at school:

1.) Take the accusation seriously. Parents who have never experienced the emotional toll that bullying takes on victims may be tempted to say that the children should work the problem out themselves. This is not the case. Your child is acting inappropriately and another child is being hurt. Bullying is not a normal part of childhood.

2.) Talk to your child. Children often bully because they are feeling angry, sad, lonely or insecure. Perhaps a change at home has brought on this behavior. If you can find and curb the reason for the bullying behavior, you can often stop the destructive bullying.

3.) Talk to your child’s teacher, counselor or school administration. If you can’t pinpoint the source of bullying behavior, it may stem from something that is happening at school. Your child may be struggling with his or her studies or failing to make friends. These factors can cause a child to lash out.

4.) Encourage empathy. Young bullies may not recognize the effects of their actions. Encourage them to put themselves in their victim’s shoes.

If you suspect that you are the parent of a bully, act. Even though bullying behavior may not be negatively affecting your child in an obvious way, it is allowing other children to be hurt. As an adult, you can never stand for that.

Labels: bullying, child safety

posted by Michael L. Neff
0 Comments

Wednesday, September 23, 2009

Jury Awards $11 Million to Boy for Brain Injury at Texas Motor Speedway

On Monday, a Tarrant County jury awarded more than $11 to the family of a boy who suffered a serious injury after being hit by a mini racecar (driven by another child) in the parking lot at the Texas Motor Speedway. The jury found that the speedway was 80 percent responsible for the accident while the miniature car driver’s parents were each 10 percent responsible.

The 2006 accident left Ryan Davies with traumatic brain injuries that limit his mental capacity and mobility. Davies, 11, was tossing a football with friends in the parking lot of the Texas Motor Speedway when another boy lost control of the Bandolero miniature race car that he was driving.

The 500-pound Bandolero car is like a go-cart, only faster. It reaches speeds up to 70 miles per hour. The young driver of the Bandolero lost control of the vehicle as he drove it through the parking lot of the Lil’ Texas Motor Speedway, a 1/5-mile paved track for the mini race cars. Children as young as 8 can drive the cars. (Talk about a lawsuit waiting to happen.)

The driver almost crashed into a trailer and several cars before he hit Davies. Davies’ parents watched the accident in horror.

Chris Collins, an attorney who represented the Davies family, told the Fort Worth Star-Telegram, “It was a nightmare. Ryan was a normal, healthy kid with a bright future. A little while later, he leaves the speedway in a CareFlite helicopter with a traumatic brain injury and basically a quadraplegic.”

Davies will have to use a wheelchair for the rest of his life. Now 14, he spent 10 months at a children’s medical center recovering from a traumatic brain injury that has limited his mobility. Due to the injury, his brain cannot send proper signals to his muscles. The traumatic brain injury (TBI) also left Davies with the mental capacity of a fourth-grader.

A neurologist testified that, while Davies has improved, he will never be able to live independently and will need help with basic daily tasks for the rest of his life. An economist from Baylor University testified that the family is likely to incur an additional $9.2 million in medical costs. Before the trial, the family had already incurred nearly $2 million in medical expenses.

Attorneys for the Texas Motor Speedway (TMS) argued that the Davies family should be barred from seeking damages because the parents signed releases forms that spelled out the risks. TMS also filed suit against the young driver and his family, arguing that the parents knew their son a “mental and or emotional condition” that rendered him “incompetent” to drive the mini race car.

The father of the driver testified that his son was diagnosed with “pervasive developmental disorder,” similar to a mild form of autism. A neurophysiologist and counselor testified that the boy had no problems that would restrict his activities or make him incompetent to drive the car.

Please remember that speed kills. Perhaps I’m in the minority, but I don’t think that children as young as 8-years-old should be put behind the wheel of vehicles capable of traveling at 70 miles per hour. What do you think about these miniature race cars? Would you allow your child to drive one?

If you find yourself in need of a Georgia brain injury attorney, call MLN Law at 404-531-9700 to schedule a free consultation.

Labels: brain injury, TBI

posted by Michael L. Neff
0 Comments

How to Prevent Slip and Fall Injuries on Your Property

A recent University of Pennsylvania School of Medicine study found that more Americans are dying from fall injuries. Between 1999 and 2005, fall mortality increased 36 percent. Fall mortality increased most in white men over the age of 65. According to the researchers, deaths from falls are second only to those from car crashes, which have the highest mortality rate of all accidents.

This is a serious problem, folks. Slips and falls may be funny in cartoons or on YouTube, but in real life, they can cause serious injuries and even death. My law firm has represented countless clients who were seriously injured in slip and fall injuries.

If you’re a business owner, then you’re liable for injuries on your property caused by negligence. Slips and falls are by far the leading cause of premises liability lawsuits. There are more than a million slip and fall or trip and fall injuries each year. These injuries cause nearly 20,000 unnecessary deaths.

Plaintiffs win more often than defendants in slip and fall cases, and the average median award is well over $100,000 and steadily rising. As the baby boomer generation continues to age, slips and falls will become even more commonplace. Between 2005 and 2020, the number of seniors in the U.S. will increase from 35 million to 77 million, and this is the age group that is most likely to suffer from slip and fall injuries.

Last year CNA insurance company published a tip sheet on slip and fall control techniques for commercial real estate owners. According to the paper, there are five major causes of slip and fall accidents:

1. Lack of slip resistance on walking surfaces
2. Poor walking surface conditions
3. Poor visibility
4. Lack or poor condition of handrails and guardrails
5. Poor accessibility

The CNA report made the following recommendations to reduce the risk of slip and fall injuries:

Select high-traction, slip-resistant flooring materials when building, expanding or remodeling facilities. Installation of such materials with proven high traction characteristics is one of the best ways to avoid slip and fall issues. To a great degree, texture determines a floor's slip resistance. Smooth floors made of glazed ceramic tile or terrazzo can be dangerously slippery under typical footwear when wet. Other floors with abrasives in their surface or specially textured metal plates can be quite slip resistant, even when wet or contaminated. The best chance of reducing slip-and-fall accidents is during a facility's design phase when choosing floor materials. Some problem floors can be made safer by surface treatments, but others may need to be replaced or carpeted over, if possible. A good place to start is flooring materials certified by the National Floor Safety Institute (www.nfsi.org).

Know what the “out-of-the-box” slip resistance is on the floor materials in a facility. These numbers provide a baseline when considering changes to cleaning and floor maintenance practices. Have flooring COF audited after installation to confirm slip resistance.

Select floor cleaning and maintenance products with proven slip resistance characteristics that are compatible with the particular flooring surfaces in a facility. A good place to start is with materials certified by the National Floor Safety Institute (www.nfsi.org).

Be alert for workers substituting cleaning materials or supplies. Ensure that sufficient cleaning supplies are available.

Apply floor cleaning and maintenance products in accordance with the manufacturer’s recommendations.

Verify with cleaning personnel that they are familiar with and are using the correct cleaning and maintenance product application procedures. If there is a change in personnel or contractor, monitor usage again.

Remove any unauthorized or incompatible cleaning and maintenance products, and educate staff on the potentially dangerous consequences that using the wrong products can have on the slip resistance of flooring surfaces.

Separate cleaning and maintenance materials and equipment between the heavily soiled areas, such as food service areas, restrooms and break rooms, from other areas to reduce the likelihood of transporting a problem from one area to another. Color coding materials and equipment can provide instant recognition for personnel using them and can prevent usage of the wrong materials or equipment in an area of the facility.

Ensure that permanently installed features like carpet runners and mats are included in the maintenance and housekeeping program. These materials need to be regularly inspected for the buildup of contaminants and for deterioration that could lead to the creation of slip or trip and fall hazards. Keep in mind that while mats reduce the likelihood of producing slips, improperly maintained mats can create trip hazards.

Limit the difference in height between flooring surfaces and mats… while frequently inspecting mats to ensure they have not buckled or curled. Make sure that mats are firmly secured to the floor to prevent migration and that the floor beneath the mat is clean and dry. Make sure to evaluate the condition of these changes in height since they can deteriorate and create trip hazards.

Make sure each area has good lighting. Good visibility is essential for the prevention of accidental slips, trips and falls. Evaluate facility and grounds during different times of the day and seasons of the year to determine whether lighting is adequate. Consider the earliest and latest times when visitors, pedestrians or employees are on the premises. Provide additional lighting for walking surfaces, as needed. Don’t forget to include parking areas, stairways and loading docks. Promptly replace any burnt out bulbs.

Regularly review all slip and fall incident reports associated with the facility and understand the critical factors associated with them. Look for trends in location, time of day, etc., and focus staff training on cleaning procedures for these factors. Train workers how to properly respond to slip and fall incidents. All incidents should be promptly investigated. Consult with legal counsel on the best way to document investigation results.

Ensure that staff is well trained in spill prevention and response programs. They need to know where cleanup materials are located and how to use them in the event of an emergency. Instruct staff on the importance of reporting incidents and conditions that could result in incidents, even if none have actually occurred. Such reports will be the first indication of a potential issue that should be addressed.

One of the surest ways to prevent the transmission of dirt, water and other materials from the outdoors to the interior of a facility is to implement a good mat program. Ensure that mats are frequently inspected and are checked regularly for wear and the buildup of contaminants.

In warm weather, place an abrasive mat outside and an absorptive mat inside. In cold weather, put an absorptive mat just inside the door, followed by an abrasive mat. When mats get dirty or saturated, they must be exchanged for clean ones. Offer plastic bags at the entrance for umbrella storage when it’s raining so visitors don’t shake out water from their umbrellas far into the building. A poorly managed and maintained mat program can significantly increase the likelihood of reducing the slip resistance of flooring surfaces.

A walkway auditing program can help identify trends within a facility that can result in reduced slip resistance of flooring surfaces. To be effective, the testing should be completed in a consistent manner and include more than a single set of measurements.

Maintaining open and clear communication between staff, cleaning personnel and the walkway floor auditor is crucial to the identification of trends and elimination of factors that could reduce the slip resistance of floor surfaces.

Make sure stairs comply with the local building code, and that nosings are easy to see — even for a visually impaired person. Stairs need to have very uniform rise and run, and handrails that are firmly mounted and easy to grip. Avoid having confusing carpet patterns on stairs or steps whose appearance make it hard to tell where each step’s nose ends. On hard surfaces, abrasive tapes can help. Outdoor stairs must be slip-resistant when wet and should have stripes on each tread.

Institute a program to regularly inspect all walkways, parking areas, stairs and indoor walking surfaces for condition and maintenance. Repair any unstable surfaces, such as loose tiles or torn carpet. Secure any mats, rugs or carpets that don’t lie flat. Provide adequate clearances for doors, walkways and aisles. Keep floors clean and dry, and remove any obstructions or tripping hazards. Conduct routine monitoring of any walking surface that is periodically wet or icy, such as sidewalks, building entrances or food coolers.

Maintain surveillance of potentially slippery areas, and clean up spills before anyone falls. Instruct maintenance personnel to use “wet floor” signs to mark contaminated areas until the contaminant can be cleaned up.

If you or a loved one is injured in a slip and fall accident and you believe that the accident occurred because of negligence on the part of the property owner, call the law offices of Georgia premises liability attorney Michael Neff to schedule your free consultation.

Labels: premises liability, slip and fall

posted by Michael L. Neff
0 Comments

School’s Back in Session, and so is Bullying

With schools back in session, parents have a lot to worry about. Topics such as safety at school and school bus safety come to mind at back to school time. But for many parents, one topic may not be top of mind at all. For others, such as the mother of Jaheem Herrera, this same topic might be fraught with meaning. That topic is bullying.

If you followed Atlanta news earlier this you, you will recall the tragic story of Jaheem Herrera, an 11-year-old child who reportedly hung himself after being subjected to bullying in his DeKalb County school. Herrera’s mother later appeared on the Oprah Winfrey show to talk about the ordeal.

Fortunately, most cases of bullying in schools do not end in such terrible tragedy. Nonetheless, bullying can take an extreme emotional and even physical toll on a child. Not to mention, bullying can disrupt a child’s learning during the school day.

The website Bullying.org is a wonderful resource for parents who are concerned about bullying. The site publishes several warning signs to watch out for when you suspect that your child is being bullied, including:

• Unexplained injuries
• Damages to clothes or belongings
• Fear of attending school, including crying before or after school
• Difficulty sleeping
• Sickness or frequent complaints of sickness to avoid school
• Lack of appetite or weight loss
• Bed wetting
• Depression and anxiety
• Bad grades or incomplete school work
• Having few friends or exhibiting anti-social behavior
• Refusal to reveal the problem

If you suspect that your child is being bullied, there are many things you can do. Here are a few of the most important ones:

1.) Realize for yourself and explain to your child that bullying is not a normal part of childhood. What the bullies are doing is wrong. Children can find bullying embarrassing, scary and hurtful. Make sure they know that it is the bully, not the bullied, who are at fault.

2.) Write down what happened, or encourage your child to write it down. Not only will this provide a powerful report for the school’s administration and other involved parents, it may be therapeutic for your child.

3.) Report bullying behavior to your child’s teacher, school administrators and guidance counselors. Be an advocate for your child until the school listens.

4.) Instill confidence in your child. Explain to children that you know bullying can be scary, but that if they can even “fake” bravery, they can often stop the bully from perpetuating his or her behavior.

5.) Teach your child nonviolent ways to deal with bullies. This can include simply walking away, playing with friends, or talking it out.

6.) Involve your child in activities outside of school. This will allow him or her to make friends outside of the school environment. If your child is having trouble adjusting at school, learning that he or she does have the social skills to make friends in new places may go a long way to instilling the confidence he or she needs to deal with bullies at school.

Bullying is not a normal part of growing up and should never be written off as acceptable behavior. If you feel that your child is being bullied, be there to love and support them until the problem is resolved.

Labels: bullying, child safety

posted by Michael L. Neff
0 Comments

Tuesday, September 22, 2009

Atlanta Flood Safety Tips

I’ve never seen so much water on the streets of Atlanta. Large portions of the city are shut down. Several people have been killed after they were swept up by raging flood waters. People are stranded in their homes and in some cases on top of their vehicles. We hope that the worst has passed, but the forecast shows rain for the rest of the week. It will take a long time for the city to recover from this storm.

Today, in light of our state’s current disaster, I’d like to focus on flood safety tips. Thousands of homes in Georgia have been flooded, and the flood waters are creating many unexpected dangers. For instance, raw sewage is flowing into the flood water from the Atlanta sewer system. The flood water is toxic.

Do not walk in the flood water if you can avoid it. Just six inches of flowing water can be powerful enough to sweep you off your feet. If you must enter the flood water, wear as much protective clothing as possible - long pants, boots, goggles, gloves, etc. Watch your step, and using a walking stick for stability. Don’t touch your face, and immediately wash with hot water and soap once you’re out of the water.

Do not attempt to drive through flood waters, even if the water looks shallow. This has been a major cause of injuries and deaths around Atlanta. Stay in a safe place until the dangerous flood waters recede. Just six inches of water is enough to cause a vehicle to lose control and possibly stall. A foot of water can lift many vehicles off the ground.

Since electricity travels through water, electrocution is another big danger in flooded areas. Stay away from downed power lines. Also be aware of possible gas leaks from damaged pipes, and watch out for animals like snakes in the water.

If your house has been flooded, do not re-enter the house until you have turned off the power. You’ll need to get an electrician to inspect the home for electrical damage. Do not attempt to use damaged electrical appliances. Electrical appliances may need to be taken apart before they fully dry out. Don’t take any chances.

After the flood, you need to eliminate any water in your home as soon as possible. If there’s a lot of standing water in your home, you’ll have to pump it out. Mold starts to grow after just a day or two, and toxic mold can cause severe health issues.

You may need to contact a local water damage restoration company. If the professionals are all booked up, or if you’re a do-it-yourselfer , you can buy flood restoration equipment and disinfectant cleaners from specialty retailers like Sylvane. Call 1-800-934-9194 for more information about restoration equipment and flood cleanup.

After you get rid of the water, you need to dry, dehumidify, clean and disinfect your home. Remove all furniture and appliances in flooded areas. Remember, flood waters carry toxic substances. If your home was flooded, then consider it contaminated. Wear protective clothing during the cleanup process. Open up doors and windows and turn on fans to help your house dry out.

Play it safe and take care of each other during these tough times. Together, we’ll get through the 2009 Atlanta flood.

Labels: safety

posted by Michael L. Neff
0 Comments

Hope for Spinal Cord Injury Victims: Paralyzed Rats Walk Again

Last month we learned that UCSD scientists restored nerve connections in lab rats with spinal cord injuries. Now researchers at the David Geffen School of Medicine at the University of California, Los Angeles, have enabled rats with spinal cord injuries to walk again. But in this new study, researchers did not reconnect nerves; rather, through a combination of drug therapy, electrical simulation, and exercise training, they enabled the rats to walk without using their brains.

The study was published this week in the journal Nature Neuroscience. Yesterday, the New York Times published an interview with head researcher Reggie Edgerton, a professor of neurobiology and physiological sciences.

Edgerton said that this study shows “that there are neuro-networks within the lumbar-sacral spinal cord capable of full weight-bearing and relatively coordinated stepping without any input from the brain. What is new here is that it demonstrates that the sensory system can actually control the stepping. This is a really important point that is unique, and most people have not thought about the sensory system as being a control system.

“The spinal cord can carry out these reflexes, these corrective movements. But in this case, what is being demonstrated is that the sensory system can also control the step, not just correct it. The information coming from the legs is going back to the spinal cord, and that spinal circuitry can interpret that sensory information. It knows how much loading is on the legs, which direction it needs to step, how fast it should be stepping. The spinal cord is smart. It can receive sensory information and make appropriate decisions without the brain.”

“There is a tendency to think that stepping is occurring because of our cortical control, our conscious control,” continued Edgerton. “Most of our movements are relatively automatic. We’re not really controlling movement from the brain. The sensory system from the legs to the spinal cord, much of this control is occurring automatically. After a complete spinal injury, that sensory information is not getting to the brain, but it’s getting to the spinal circuity. That spinal circuitry knows how to interpret that information.”

So how does this therapy work? It’s based on exercising training, but drugs and electricity are used to stimulate the nervous system. Edgerton explained, “The epidural stimulation and the pharmacology is changing the functional state of that circuitry. It’s making it more excitable. Without making that spinal cord more excitable, we can’t train it. By increasing its sensitivity to the sensory information it’s getting, then we can train it.”

Edgerton hopes to begin testing the new therapy with patients within a year.

“I’m very optimistic about it,” he said, “and I’m also worried about projecting too much hope. I think there are a lot of possibilities here. I think there is a very high probability that a number of individuals with severe injuries can gain some functional improvement with this approach.

“The vision is that with the aid of a walker, individuals with complete injuries would be able to help maintain their balance and execute some effective stepping. They’re not going to be stepping normally, but small improvements can be made in an individual’s life. Just to be able to stand and take a few steps can make a big difference.”

Amazing! For years, spinal cord injury research has focused on reconnecting the spinal cord and the brain. This exciting breakthrough shows that the brain is not the only source of intelligence in the body.

Have you or a loved one suffered a spinal cord injury? If you need legal advice from an experienced Georgia spinal cord injury lawyer, call MLN Law at 404-531-9700 to schedule a free consultation.

Labels: spine injury

posted by Michael L. Neff
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Japan-Inspired Education Campaign Encourages Metro Atlanta Parents to “Be There”

Metro Atlanta school officials are encouraging schools and parents to “be there” for their children this school year. “Be There” is a national multimedia campaign designed to encourage parents to turn everyday situations with their children into “teachable moments” and thus improve student achievements, even when they can’t be present in schools.

Fourteen school districts in Metro Atlanta will participate in “Be There,” which is a national campaign based in part on Japanese parenting and educational philosophy and in part on the popularity of the “Friends Don’t Let Friends Drink and Drive” advertising campaign of the 1980’s.

David Voss, who created the “Be There” campaign, explained the concept: “There’s a large section of parents who aren’t coming to school either because of conflicts in their schedule, they’re busy with two jobs or just don’t feel they fit into the PTA clique. That doesn’t mean they should simply delegate education to the schools.”

To Voss, “being there” means turning ordinary moments into extraordinary, teachable moments by encouraging parents to get involved n their children’s education even when they never have time to set foot into a school. The campaign comes in response to declining education budgets and overworked parents who, due to the economy, often more than ever simply can’t find the time away from work and responsibilities to take the time to get involved in their children’s school activities.

The campaign bombards parents with inspirational reminders in an effort to make “being there” the norm for parents. According to Voss, who visited Japan in late 1980, Japanese parents have “being there” down to a science. He aims for American parents to emulate Japanese parents’ emphasis on education and every day, “teachable moments.”

The program is free for schools all around the country, though there will be a cost associated with duplicating program materials.

The Atlanta Journal Constitution reported that, according to Sloan Roach, a spokeswoman for Gwinnett County schools, which launched the campaign last September, is already making a huge difference in the district and has become a unifying theme for its schools.

“We think it has a lot of possibilities,” she said.

As quoted in the AJC:

Roach said that posters in Spanish and English promoting parental involvement were provided to all the schools, parent tip sheets were distributed and a Web site was launched.

She said the campaign “points out how simple connections we make every day with our children make a difference and hopefully will help parents look for those ways, slow down and take advantage of those opportunities.”

Labels: atlanta, child safety

posted by Michael L. Neff
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Monday, September 21, 2009

Families Feud Over Unusual Georgia Wrongful Death Lawsuit

In October 2007, Byron Trent, age 16 at the time, died after an auto accident with a Locust Grove police van. Trent was on his way to apply for a job at a pizza restaurant when a police van veered into oncoming traffic.

Trent’s parents, Rebecca Lynne deVente and Byron Keith Pyles of Henry County, are suing the officer who was driving the van and the city police department in a wrongful death lawsuit. However, another family has also filed a wrongful death suit over Trent’s death. Five months after his death, teenager Heidi Flora gave birth to Trent’s daughter. Before the child was even born, Heidi’s mother had filed a declaratory judgment action against Trent’s parents; she wanted a ruling that Trent’s daughter is his only heir and potential claimant in the wrongful death lawsuit.

At first, Trent’s parents contested that he was the father. Now paternity testing has shown that he was indeed the father of Heidi’s daughter Allison. However, Trent’s parents are still fighting the legal battle.

“There’s never been a situation that I’ve found in Georgia involving the same fact pattern,” said Frederick Burkey, attorney for Trent’s family.

The Fulton Country Daily Report reported last week: On behalf of Trent's parents, Burkey has argued that in order for Allison to fit the definition of a surviving child under the wrongful death statute, her family needs to show that the baby was "quick" in the womb at the time of Trent's death. Georgia case law has defined "quickening" as the point at which a fetus is first capable of moving within the mother's womb, generally putting that time between the 10th week and the fourth month of pregnancy. Burkey argues that a just result would be one in which Trent's parents divided any recovery in a wrongful death lawsuit with baby Allison.

Henry County Superior Courty Judge Brain Amero granted summary judgment for the Floras, ruling that baby Allison has the exclusive right to recover damages in the wrongful death lawsuit. The Court of Appeals also found in favor of the Floras.

Court of Appeals Judge Sara L. Doyle wrote: “To require Flora to demonstrate that the child was 'quick' at the time of her father's death, as urged by [Trent's] parents, would ignore the practical reality that there is today a classic wrongful death scenario -- a living child seeking to recover for the death of her father. Thus, the requirement to demonstrate quickness is not consistent with the explicit statutory language that 'a child ... may recover for the homicide of the ... parent ... .' Further, because the nature of a wrongful death action is derivative of the decedent's right of action, to ignore the laws of descent and distribution would run counter to the essence of a wrongful death claim.

"Simply because the parents wish to share in any wrongful death award does not render an inequitable result in light of the priority ordinarily given to children by the statute, which makes a wrongful death action exclusive to the party entitled to bring it."

Trent’s parents plan to petition the Georgia Supreme Court to consider the case. Burkey, their attorney, said, “It’s not about the money. They want to know what on earth happened.”

In Georgia, a surviving spouse of the deceased may file a wrongful death lawsuit. When there is no spouse, a surviving child may pursue a wrongful death lawsuit. A parent may file a wrongful death lawsuit only in the absence of a spouse as well as children. If you need the expertise of a Georgia wrongful death lawyer, call MLN Law at 404-531-9700 to schedule a free consultation.

Labels: wrongful death

posted by Michael L. Neff
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Family Support during Traumatic Brain Injury Recovery

After years of representing clients with traumatic brain injuries and other serious, life-changing injuries, I can tell you that family support is one the most important factors for a successful recovery. A positive, loving family that takes on an active role can increase the rate of recovery exponentially.

But, when it comes to traumatic brain injury, it’s often difficult for families to remain supportive and positive all the time. Sometimes, family members (or entire families) have a hard time understanding the full extent of a traumatic brain injury.

“Getting your family to understand that you cannot work, you have a brain injury and just why can’t they understand this is nearly impossible,” writes a traumatic brain injury survivor at Traumatic Brain Injury Hope Blog. “It wells up in frustration and anger. You just want them to understand You want them to give you a hug, tell you that it will be better and that you will get better with time. You just want support. I can’t get that with my family.”

All too often, when a family does not understand an injury or cannot do anything to help, they try to ignore they problem. The victim, however, cannot ignore the injury, and the family’s method of coping feels like indifference.

The aforementioned blogger was injured several years ago when she was crushed in a freak trash compactor accident. She didn’t have insurance at the time, and she was literally pushed out the hospital door while she was still vomiting up blood from the accident. She was never seen by a specialist. She now suffers from dizziness and cognitive problems, and she has lost her senses of smell and taste.

But what hurts the most is that her family seems to be uncaring: “My mother is always tell me I must get a job, although I am unable to work due to my dizziness, which can be severe at times, and other injuries I am still challenged by due to being crushed. It wasn’t too long ago that my mother told me how much of a financial burden I was to her and that I needed to get a job… I was just shocked. After trying for the first 2 years after my TBI to tell her what it has done to my brain and how it has affected my lifestyle, I felt as if I had done nothing more than talk to a wall.

“I have to accept, somehow, some way, that my family will never care enough to give me the support that I desperately need from them… With my TBI, I feel as if I am on an island and no one understands how much suffering is involved. I feel alone at times. Sometimes I feel I am not even from this planet because no one I know has suffered a TBI. I am still hoping that I will be able to be seen by a neurologist to get treatment. The cost is great and I do not have any income... I am hoping for a miracle.”

I would suggest to the blogger that her brain injury has been difficult for her family, too, even if it doesn’t seem that way. Financial troubles can cause immense stress. On top of that, the family is likely frustrated that they do not have the resources to help the TBI victim.

This story makes it clear that having health insurance coverage is vitally important. Traumatic brain injuries significantly alter the lives of their victims and families, and TBI treatment is typically very expensive.

If you or a loved one have suffered a traumatic brain injury and have questions about your legal rights, call Atlanta brain injury lawyer Michael Neff at 404-531-9700 for a free consultation. If another party’s negligence contributed to your injury, you may be entitled to monetary compensation to help with your recovery. But you must act fast: see a doctor and contact an attorney as soon as possible after the accident.

Labels: brain injury, TBI

posted by Michael L. Neff
0 Comments

Atlanta Driving Habits Dramatically Transformed by Recession

When it comes to Atlanta’s driving habits, there is some good news and some bad news. The good news is that, over the past year, Atlantans have found more cost-effective and environmentally friendly ways to commute than 9 other studied cities. Environmentalists and other eco-minded individuals can rejoice over that. The bad news is that the changes in commuter habits came in response to the current economic recession.

A new study, commissioned by IBM, on the effects of “commuter pain,” found that out of 10 studied cities, Atlantans had changed their commute more than any other city’s residents. About 27.1% of Atlantans now use alternative commutes, work from home, or simply do not work at all, found the study.

“As businesses went through and had to take staff reductions, you had more people either not commuting, or starting small businesses and working from home,” guessed Raul Arce, a vice president for travel and transportation at IBM who lives in the Atlanta area, as quoted in the AJC.

Arce cited the fact that companies are allowing more people to telecommute as the practice becomes more common and the necessary technology becomes more accessible in residential areas.

For the study, IBM surveyed 4,446 adult drivers in 10 U.S. cities in August 2009. They looked at work performance, gas prices, sleep deprivation, stress, anger and other “painful” issues.

In better news, Atlantans also came out 10 out of 10 in the study when it comes to negative health effects from traffic. Residents of nine other cities reported more anger and stress from traffic than did Atlantans. Miami topped the list, with 27.3% of residents reporting negative health effects from traffic.

Another good and bad news indicator – last year Atlanta came in 2nd in overall “commuter pain” out of the ten studied cities. While some could look at the finding as proof that Atlantans have embraced the alternative commute, a pessimist might look at the same numbers and see that the recession has hit our part of the country exceedingly hard.

If the study seems to contradict earlier studies we reported on that ranked Atlanta high in both traffic and road rage, two reasons could be behind the discrepancy. First, IBM used an internet poll, something that survey purists often deride as unscientific. Also, IBM’s poll numbers came from August 2009 – a high point in the recession – while earlier studies took data from several years ago. So was this poll good news about Atlantans commuting habits or bad news about just how hard the recession has hit our fair city? You be the judge of that.

Labels: atlanta, Georgia

posted by Michael L. Neff
0 Comments

Friday, September 18, 2009

Georgia Teen Thwarts Sexual Assault and Kidnapping with Text Message

If you are a long time reader of the MLN Law blog, you will know I am an ardent opponent of text messaging and driving. In posts like this one, about a grisly anti-texting and driving public service announcement or this one, about a study showing that half of all college students admit to texting while driving, I have made my stance on texting and driving exceedingly clear. But I am not against text messaging altogether, and that stance is thanks in part to a recent news item on a Gwinnett County teenager whose courage and resourcefulness allowed her to use text messaging to save herself from a sexual assault.

The 16-year-old victim, whose name was rightfully kept out of local press, was abducted from her neighborhood by Jose Hernandez-Ruiz on August 20th while walking home from school. According to the police report, the suspect jumped out of a car, grabbed her by her neck, and forced her into the woods near her home.

This quick thinking teenager was able to tell police exact details, such as that two other men in the car were yelling at her attacker in Spanish. She was also able to use the distraction to perform the one action that saved her from assault and may very well have saved her life – she texted friends her whereabouts and they arrived on the scene before the girl could be assaulted or physically injured.

When the quick thinking teen’s friends arrived, Hernandez-Ruiz and the other two men fled, but Gwinnett County Police were later able to find and arrest him. According to the Atlanta Journal Constitution, the 19-year-old suspect remained in custody at the Gwinnett County Detention Center as of Friday, September 4th. He is being charged with kidnapping and sexual battery.

This was an extremely frightening story – a young girl kidnapped out in the open and almost on her own door step, but one that, due to the 16-year-old’s quick thinking, ended in the apprehension of a dangerous man instead of a tragedy. Instead of becoming a victim, this young girl used the technology she had on hand – her cell phone – to save herself and who knows how many potential future victims.

Sure, I still think that it is very important that the general public become informed about the very real dangers involved with auto accidents and cell phones but after reading the story of the brave Gwinnett County teen, I applaud any technology that allows a girl to hold her head up high and stop herself from becoming a victim.

Has a cell phone or text messages ever saved you from harm or worse? I’d love to hear about it in the comments.

Labels: child safety, sexual assault, sexual predator, text messaging

posted by Michael L. Neff
0 Comments

Thursday, September 17, 2009

Tractor Trailer Wreck Shut Down GA 17 for Four Hours

Last Monday a tractor trailer wreck on GA 17 shut down the highway near Savannah for approximately four hours, according to the Savannah Morning News.

Effingham County first responders were dispatched to GA 17 near Midland Road, south of Guyton, in response to reports that a tractor trailer truck had overturned and was leaking fuel. The first responders arrived to find that four vehicles had been involved in the wreck.

Georgia State Patrol Trooper Chris Cuddington reported that 23-year-old Travis Kruen of Statesboro was traveling south on GA 17 in a Ford F250 pulling a trailer when he slowed down to turn right onto Lambert Road. The tractor trailer behind Kreun failed to stop in time and hit the trailer on Kreun’s truck.

The 18-wheeler was driven by John Young, 53, of Millen. The driver tried to stop, but after the tractor trailer clipped Kreun’s trailer, it crashed into a northbound U.S. Postal Service truck driven by James Hester, 58, of Bloomidale. At this point, the tractor trailer overturned and began leaking fuel.

Hester was taken to Memorial University Medical Center in Savannah. A hospital spokesperson said that he was treated and released.

Cynthia Leeks, 50, of Sylvania, was driving a Ford Expedition southbound behind the 18-wheeler when it crashed. As a result of the wreck, she swerved and drove into a ditch. Luckily, Leeks and her passengers, including a toddler, were not injured.

Officer Cuddington told the Savannah Morning News that Young, the driver of the tractor trailer, was cited for following to closely. Young complained of shoulder pain at the scene but refused treatment.

Georgia Department of Transportation employees and emergency crews cleaned up the fuel that spilled from the tractor trailer. The road was closed for four hours.

Because they are extremely massive, tractor trailer trucks cannot stop as fast as normal passenger vehicles. Large trucks requires 3 times the distance of normal cars to stop. For this reason, Road Safe America wants to see speed governors on tractor trailer trucks.

Many trucking companies already use speed governors, which are on-board computers that limit the speed of the truck. The speed governors would not allow trucks to exceed 65 miles per hour. When it comes to 18-wheelers, the difference in a few miles per hour could mean the difference between life and death.

Atlanta father Steve Owings founded Road Safe America after his son was killed in 2002 when a 70,000 pound truck that was traveling 7 miles per hour of the speed limit did not have time to stop and crashed into his car. The petition at RoadSafeAmerica.org calls for a top speed of 65 miles per hour for all trucks over 13 tons, aw well as required use of on-board speed governors. The organization also wants better working conditions for truck drivers.

Tractor trailer trucks are monstrous machines that causes serious injuries and fatalities all too often. If you or someone you love has been injured or killed in a tractor trailer truck wreck, you can schedule a free consultation with an experienced Georgia truck wreck attorney by calling MLN Law at 404-531-9700.

Labels: truck accident, truck wreck

posted by Michael L. Neff
0 Comments

Georgia Court Confirms Superior Knowledge Doctrine for Slip and Fall Injury Cases

In July 2009, the Georgia Court of Appeals confirmed the superior knowledge doctrine for slip and fall injury cases. The controversial superior knowledge doctrine means that an injured customer or visitor must prove that the property owner had knowledge of the hazard that caused the slip and fall injury. The victim must also prove that he or she lacked knowledge of said hazard and took reasonable care to avoid the hazard.

The superior knowledge doctrine is not a Georgia statute; rather, it has been created and confirmed by various court decision. The Georgia premises liability statute states that a property owner is “liable in damages for injuries caused by his failure to exercise ordinary care in keeping the premises and approaches safe” when he invites someone onto his property for any lawful reason. Customers of businesses are considered invited guests, or invitees.

Since the burden of proof lies on the plaintiff, many Georgia slip and fall injury cases are dismissed before a trial. If there is no evidence that the owner knew about the hazard, the owner cannot be held liable in most cases. The plaintiff must prove that a hazardous condition existed and that the owner knew or should have known about the hazard. A plaintiff may win a slip and fall case by proving that an employee had actual knowledge of a hazard or that employees should have known about the hazard if they were taking reasonable care to protect customers.

In slip and fall cases, prior injuries of a similar nature may be presented to show that the property owner should have known about the hazard. Likewise, violations of ordinances and codes may also be used as evidence that the owner was negligent and should have known about the hazard. However, even in cases of code violations, the case may be dismissed if the plaintiff also knew about the hazard and did not take reasonable steps to avoid it.

When you’re in a restaurant or other establishment where slips and falls are common, be careful! It is your responsibility to take reasonable care in avoiding hazards. If you suffer a slip and fall injury, collect evidence immediately; this will be vital to your case. Take photos of the hazard that caused the fall. If you don’t have a cell phone camera or digital camera on hand, buy a cheap disposable camera. Collect contact information from witnesses. Make sure that the manager on-duty fills out some type of incident report, and make sure that you get a copy of the report. Finally, see a doctor as soon as possible.

Slip and fall injury cases and other premises liability cases can be vastly complicated. The burden of proof falls on the plaintiff, and it’s often difficult to prove that an owner had prior knowledge of a hazard. However, an experienced personal injury attorney will uncover several different options for pursuing these cases.

If you’ve suffered a slip and fall injury in Georgia, you need an experienced Georgia premises liability attorney. Call MLN Law at 404-531-9700 to schedule your free consultation.

Labels: negligence, premises liability, slip and fall

posted by Michael L. Neff
0 Comments

Wednesday, September 16, 2009

Phil Collins Will Never Drum Again Due to Spine Injury

Phil Collins, former drummer for the band Genesis and one of the greatest drummers in the world by many accounts, will never drum again due to a spine injury, reported Britain’s Daily Mirror last week.

With a deep sadness, the 58-year-old rock star announced that he will no longer be able to play drums - but he assured fans that he’ll still be able to sing. His spine injury came about because of his posture while playing drums. Over 50 years of sitting behind a drum set, his vertebrae began to crush his spinal cord. The condition continued to deteriorate, and now Collins cannot even hold his drums sticks properly without feeling severe pain.

If you watch the video below, you’ll see that Collins is slouching somewhat compared to the other drummer, Chester Thompson. Thompson keeps his spine relatively straight and still, while Collins hunches over and, at times, bounces to the beat.

Keep in mind that Collins sat in the same position behind a drum set for hours at a time - probably several days a week - for over 50 years.

Does his posture remind you of anything - your posture at the computer, perhaps?

A spine injury may be caused by an accident, or it may have a non-accidental cause. In both cases, spine injuries can be extremely painful. Auto accidents, workplace accidents, and slips and falls commonly cause accidental spine injuries. Non-accidental spine injuries arise over time, usually through sitting or standing for long periods of time, poor posture, and/or repetitive motion.

Office workers, drivers, and assembly line workers are at high risk of spine injuries that develop over time. When I watched the video above, I made an effort to sit up straight. Phil Collins spent long hours behind the drum kit, and I spend long hours behind my desk. Fortunately, I don’t bounce up and down to a beat while I’m working, but I know that my spinal health is at risk if I sit in the same position for too long over the years.

If you work in an office, the best way to maintain your spinal health is to take regular breaks. At the very least, you should stand up and stretch for a few seconds every 20 minutes. If you’re like me, you get engrossed in your work and often sit in your chair for longer than 20 minutes. Set an alarm on your cell phone (or search for an internet alarm clock) to remind you to stand up and stretch. I have found that taking a brief stretch break every 20 or 30 minutes energizes me and increases productivity. And at the end of the day, my back is not stiff.

We often associate spine injuries with auto accidents, sports accidents, or slips and falls, but non-accidental spine injuries are just as devastating. Take care of your spine now, and your later years will be much more enjoyable.

If you have any questions about your legal rights pertaining to spine injuries, or if you need a Georgia spine injury lawyer, contact MLN Law at 404-531-9700 to schedule your free consultation.

Labels: back injury, spine, spine injury

posted by Michael L. Neff
0 Comments

Herniated Disc Injury Symptoms after Car Wrecks

I have represented many clients who've suffered herniated disc injuries during car wrecks, and many of them did not realize the full extent until days or even weeks after the accident.

In most cases, an MRI is required to diagnose a herniated disc or ruptured disc. X-rays will not show all herniated disc injuries. However, emergency room doctors normally don't order MRIs after auto accidents. MRIs are very expensive tests, and insurance companies discourage them. Many times, the patient must insist on an MRI to check for a herniated disc.

Auto accident victims may not feel the full extent of pain from a herniated disc immediately after a car wreck. The adrenaline from the accident can mask some of the pain, and most people just want to get out of the hospital and go home as soon as possible. If you're in a car wreck and think that you might have a herniated disc, go ahead and request an MRI while you're in the emergency room. If you do indeed have a herniated disc, the MRI will prove that it was caused by the accident. If you wait too long before you get an MRI, the insurance company involved can argue that the accident did not cause the injury.

Herniated Disc Injury Symptoms after Auto Accidents

In most cases, the injured person will feel the actual herniation or rupturing of the disc. It may feel like something has popped or slipped in your back or neck. Pain usually follows immediately, although you may not feel the pain until later.

If the back pain continues for several days after the accident and you have not been diagnosed with a disc injury, see your doctor as soon as possible. A herniated disc or ruptured disc can press on nerves from the spinal cord, and this pressure can cause pain and other uncomfortable sensations in the back, buttocks, legs, or arms, depending on the location of the nerve. The sensations may range from a numb feeling to a sharp pain that may shoot all the way down to the feet. It may feel like a tingling sensation or pins and needles. Sometimes the only symptom is muscle weakness. If the injured disc is not treated quickly, herniated disc pain could transform into chronic pain.

You may also feel muscle spasms and tightness after a herniated disc injury. After an injury, the muscles in the back may tighten up as a protective mechanism to limit movement and prevent further injury. Other muscles in the body may tighten up as well. It’s as if the body is saying, “You’re injured severely. Don’t move.” Indeed, symptoms are the body’s method of communication. Listen to your symptoms and respect your body’s wisdom. See a doctor and request and MRI as soon as possible.

If you have a herniated disc, treatment may be expensive. Treatments often include physical therapy as well as surgery. During a discectomy, a surgeon removes the herniated disc to relieve the pressure on the spinal cord. You should also seek legal representation as soon as possible to ensure the you receive fair compensation from the insurance company and/or the party at fault for the accident. See Auto Accidents and Disc Injuries to learn more. If have any questions about your legal rights following an accident, or if you’re seeking an Atlanta disc injury attorney or Atlanta auto accident attorney, contact MLN Law at 404-531-9700 to schedule a free consultation with an experienced attorney.

Labels: auto accident, back injury, herniated disc

posted by Michael L. Neff
0 Comments

Tuesday, September 15, 2009

Brain Injury Researchers Study YouTube Videos

Brain injury researchers at the University of Kentucky have been watching thousands of YouTube videos − but they’re not just wasting time at work. The researchers spent hundreds of hours viewing videos of people receiving head injuries during sporting events and recreational activities, reports University of Kentucky News.

Jonathan Lifshitz of the UK Spinal Cord and Brain Injury Research Center led the team as they looked for visible, involuntary responses to head trauma. They hope that their research will help coaches and trainers make more educated decisions about allowing athletes to continuing in competition after a blow to the head.

“As basic scientists, we all hope that our research we do in the laboratory translates into the clinics. In this case, we hop it translates onto the sidelines.

The team was looking for the “fencing response” − a forearm posturing that resembles the en garde position in competitive fencing − which indicates damage to blood vessels and neural tissue in a critical brainstem region that controls balance. The posture may also look like a boxing pose.

The research team watched approximately 2,000 “knock-out” videos on YouTube and found 36 videos that portrayed moderate or severe blows to the head, where the person receiving the blow did not immediately get up. Out of these videos, two-thirds of the injured people exhibited the fencing response. The fencing response was most common in mixed martial arts competitions and football games. The findings of the study were published in the August 18 issue of the journal Medicine and Science in Sports and Exercise.

"The fencing response frequently takes place before the player even hits the ground," Lifshitz explained.

One video studied by the team included a head-on collision between Willis McGahee of the Baltimore Ravens and Ryan Clark of the Pittsburgh Steelers during a playoff game. In the video, McGahee shows the fencing response after the hit.

Moderate to severe trauma to the head can cause permanent brain damage or even death if not treated quickly. Unfortunately, it sports like martial arts and football, head trauma is not always immediately apparent. This research will help in efforts to teach trainers, coaches, and medical staff how to spot brain injuries during competitions.

“The observation of the fencing response can help coaches and trainers make immediate and future return-to-play decisions," Lifshitz said.

But Lifshitz cautions, “The response is not always universal. The absence of a fencing response should not be taken as a sign that no injury has occurred.”

Other signs of a traumatic brain injury may include loss of consciousness, a bump on the head, confusion or loss of memory, changes in behavior or personality, stiff neck, slurred speech, visual impairments, and changes in the size of the pupils.

Contact sports and automobile crashes are the most common causes of traumatic brain injuries. If you witness head trauma or suspected brain injury, call 911 and tell the victim of the injury not to move. Do not move the person, and if he or she is wearing a helmet, do not attempt to remove the helmet; let the healthcare professionals handle that. In most cases, doctors will perform neurological exams and order imaging tests such as MRI and CT scans to check for brain damage. However, not all brain injuries will show up on imaging tests.

If you or someone you know needs a Georgia brain injury attorney for representation in a personal injury case, contact MLN Law. Call 404-531-9700 to schedule a free consultation with an experienced brain injury attorney.

Labels: brain, brain injury, TBI

posted by Michael L. Neff
0 Comments

Georgia Supreme Court Hears Challenge to Medical Malpractice Cap

Earlier today, an attorney representing a woman who suffered a botched facelift told the Georgia Supreme Court that the state’s cap on pain and suffering awards in medical malpractice lawsuits violates the right to a jury trial, according to the Atlanta Business Chronicle.

“For 200 years, it’s been the exclusive province of the jury to set damages,” attorney Michael Terry told the Supreme Court as he challenged a law that the Georgia General Assembly passed in 2005 which caps non-economic damages in medical malpractices cases to $350,000.

Georgia lawmakers (and lawmakers in other states) have placed restrictions on jury awards in an effort to reduce rising medical malpractice insurance premiums for doctors. According to the Georgia law, Senate Bill 3, if your child were killed by medical malpractice, the maximum you could recover would be $350,000.

Even though the law caps pain and suffering damages at $350,000, in 2007 a Fulton County jury awarded $1,265,000, including $900,000 in non-economic damages, to Betty Nestlehutt, age 71, after a botched facelift left her with permanent scars.

“Betty Nestlehutt was the face of her real estate business,” said attorney Adam Malone in a press release from the Georgia Trial Lawyers Association. “Her face was so horrifically disfigured that she was no longer able to even leave her house. Photographs of her disfigurement are even too gruesome for public distribution. The damage is permanent. Years later she has to wear layers of special makeup to try to give the appearance of normalcy.”

Last February, Nestlehutt filed a motion to lift the medical malpractice cap, and Fulton County Judge Dianne Bessen ruled that the state law is unconstitutional.

“Judge Bessen’s order appropriately concluded that a one-size fits all predetermined cap on damages violates several protections guaranteed by the Georgia Constitution,” said Malone. “Her order balances the rights of all Georgians, young and old, rich and poor, and restores the guarantees set forth by our Constitution that were stripped away in 2005.”

The defendant, Atlanta Oculoplastic Surgery, appealed this decision to the Georgia Supreme Court.

Earlier today, Nestlehutt’s attorney Terry argued that the tort reform law is an attempt to ration justice at the expense of injured patients.

“They said they wanted to fix health care,” Terry said, “but they put the entire burden upon the backs and shoulders of those people who are most injured.”

Jonathan Peters, the attorney representing Atlanta Oculoplastic Surgery, argued that other court decisions have given the General Assembly the authority to pass laws that replace jury trials with other legal remedies in some circumstances. Peters also argued that the tort reform law was necessary because Georgia doctors were leaving and going to other states where medical malpractice insurance premiums were lower: “It kept physicians in the state. It is a restriction, certainly, but it’s a choice the legislature made.”

Chris Clark, president of the Georgia Trial Lawyers Association, has also commented on the case: “As a trial lawyer, I represent the person, who, through no fault of their own, has been injured—sometimes severely. They miss work, accrue medical bills and—often most important to them—they suffer a loss of the quality of life that they once had. Betty Nestlehutt’s severe disfigurement – which she had no part in creating – has diminished her quality of life and, in turn, her husband’s and her family’s. Judge Bessen’s order was fair, upheld our Constitution, and reflected the rule of law that has stood firm since the inception of this nation.”

By limiting a jury’s decision, Senate Bill 3 strips injured Georgians of their Seventh Amendment right to a jury trial. Let’s hope that the Georgia Supreme Court will rule against this unconstitutional law.

If you need a Georgia medical malpractice lawyer, contact MLN Law at 404-531-9700 to schedule a free consultation with an experienced attorney.

Labels: Georgia supreme court, medical malpractice

posted by Michael L. Neff
0 Comments

Monday, September 14, 2009

CPSC to Investigate Chinese Drywall Problems

Earlier this year, I blogged about problems with Chinese drywall in Georgia homes. Inez Tenenbaum, the new Chairman of the U.S. Consumer Product Safety Commission (CPSC), recently vowed to pursue a full investigation into the problems with toxic Chinese drywall.

Tenenbaum told a House Representatives subcommittee that the CPSC would "vigorously pursue its investigation" of problems with drywall imported from China. The Chinese drywall has led to more than 1,000 complaints from consumers.

Residents in houses built with the Chinese drywall have reported strong sulfuric odors, corrosion of wiring and appliances, and many different health complaints.

Appearing before the House Subcommittee on Commerce, Trade, and Consumer Protection, Tenenbaum said that the CPSC is "fully committed to finding answers and solutions for all the homeowners who are impacted by this serious situation, and the agency is pouring a record amount of money and manpower toward the goal of helping affected families."

(Tenenbaum, by the way, was born in Hawkinsville, Georgia, and attended the University of Georgia.)

Between 2004 and 2007, millions of sheets of toxic drywall were imported from China. At the time, there was a domestic shortage of drywall because of the housing boom and rebuilding after several hurricances. In 2006 alone, more than 6 million sheets were imported from China.

The Chinese drywall has made its way into homes in 24 different states, including Georgia. So far, most complaints have come from Florida, Louisiana, and Virginia. Senator Bill Nelson of Florida has stated that he would like a recall of the Chinese drywall.

Homeowners hav filed Chinese drywall lawsuits against manufacturers and distributors of the drywall. In June, all of the federal drywall cases were assigned to U.S. District Judge Eldon E. Fallon in a Multidistrict Litigation. Judge Fallon has put the cases on a fast track, and trials involving property damage are expected to being in early 2010.

If you live in a house that was built since 2004, your home could be contaminated with toxic drywall. Here are some signs that your home may be contaminated with Chinese drywall:

- A persistent sulfuric or “rotten egg” odor
- Breathing problems
- Nose bleeds
- Irritated eyes
- Headaches
- Corrosion of wiring and pipes
- Electrical problems
- Problems with refrigerator or AC
- Corrosion of silver jewelry or utensils (black in appearance)

Are you looking for a Chinese drywall lawyer in Georgia? If you think that your home may be contaminated, call MLN Law now at 404-531-9700. We can help you schedule a scientific investigation and determine the extent of the damage. We’ll also find out who’s responsible for the damage and review your legal options and insurance claims. Call MLN Law at 404-531-9700 to schedule your free consultation. You shouldn’t have to be worried about inhaling toxic fumes in the comfort of your own home. Call us today, and we’ll help you breathe easy again.

Labels: product liability

posted by Michael L. Neff
0 Comments

New Research on Child Spine Injuries in Auto Accidents

Medical News Today reports on new research published in this month’s issue of the journal Injury: Fatal cervical spine injuries to children in motor vehicle crashes are rare, but they are more commonly seen in girls, in children who were restrained, and in children who also suffered traumatic brain injury in the crash.

Researchers from Ohio State University Medical Center, the Children’s Hospital of Philadelphia, and the University of Pennsylvania studied more than 6,000 children and found that only 2.9 percent of auto accident fatalities involved a cervical spine injury.

Dr. Michael Nance of the Children’s Hospital of Philadelphia, director of the hospital’s trauma program and co-author of the study, said, “This research confirms that cervical spine injuries are no more common in fatal crashes than they are in non-fatal crashes involving children. Interestingly, we found no association between fatal cervical spine injuries and vehicle type or model year, the speed or direction of the collision impact, or the child’s age or seating position when the crash occurred.”

This study linked two previously independent sets of data from the National Highway Transportation Safety Administration (NHTSA) and the Centers for Disease Control (CDC) for an analysis of crash characteristics related to injuries. Funding for the study was provided by the Center for Child Injury Prevention Studies (CChIPS).

"Being able to use this merged set of data allowed us to study relatively rare injuries in larger numbers," Nance explained. "For the vast majority of crashes, vehicle and child restraints reduce the risk of death and most serious injuries. The findings point to the importance of the continued work aimed at preventing all serious injuries for children in vehicle or child restraints who are in crashes. Our work through The Center for Child Injury Prevention Studies provides the unique opportunity to bring together the best of pediatrics, engineering, and industry to conduct science and translate it into improved capability of child anthropomorphic test dummies to predict cervical spine injuries."

The most interesting fact discovered by this research is that fatal cervical spine injuries are more common among children who are restrained. This doesn’t mean that you should stop putting your children in car seats. As the researchers point out, restraints reduce the risk of death and injury in the vast majority of auto accidents.

To reduce your child’s risk of injury, make sure that the child restrains fit your child. Regular seat belts should not be used until the strap fits across the child’s shoulder (not the neck). Likewise, larger car seats should not be used until the strap fits across the shoulder. When you get a new car seat, always read the owner’s manual thoroughly. If you need help choosing and using a new car seat, see the interactive Car Seat Inspector program at about.com.

Spine injuries can be especially devastating for children. If your child has suffered a spine injury, you need an experienced Georgia spine injury attorney in your corner. Call MLN Law at 404-531-9700 if you have any questions about your legal rights. We’ll schedule a free consultation for you.

Labels: spine injury

posted by Michael L. Neff
0 Comments

Friday, September 11, 2009

Hot Water Heater Burn Injuries

A defective water heater or a mistaken maintenance technician or plumber could cause the hot water temperature to soar above 150 degrees Fahrenheit, which can cause serious burn injuries. A water heater problem can lead to third-degree burns from tap water.

On some hot water heaters, the default temperature setting is too hot for human contact. Often times, people do not understand how to set a safe temperature for a hot water heater.

Accidents involving hot water in the home cause approximately 6,000 injuries and 35 fatal burn injuries each year. According to the national Safe Kids campaign, around 5,000 children are scalded each year, usually in bathtubs. On average, the burn injury is a third-degree burn that covers 12 percent of the child’s body. Interestingly, 54 percent of these burn injuries occur in apartment homes, while 46 percent of them occur in single family homes. In apartments, maintenance technicians are more likely to adjust the hot water heater temperature without the residents knowing.

Young children have the greatest risk of being scalded by hot water. Just one second of contact with water of 160 degrees Fahrenheit can cause a third-degree burn. When water is 130 degrees Fahrenheit, 30 seconds of exposure will cause a third-degree burn. The Consumer Product Safety Commission (CPSC) advises that water heaters should be set at a maximum temperature of 120 degrees − but even water at this temperature can cause third-degree burns after ten minutes. A safe temperature for the hot water is 110 degrees; at this temperature, it would take several hours to develop a serious burn injury. Lowering the temperature on your hot water heater will also save energy.

If you have children, always hand-test the bathtub water before placing a child in the tub. Never leave your children in the tub unsupervised. They might accidentally turn on the hot water.

In one recent case in New York City, a child was scalded while taking a shower after the water temperature suddenly jumped to dangerous levels. The child suffered third-degree burns on 15 percent of her body. The accident occurred because the company that installed the hot water heater did not properly install the mixing valve (an inexpensive part that mixes the hot and cold water). The service company and the landlord settled this particular case for $1.5 million.

If you or a loved one is scalded in a home accident, place the burned area in cold water and call 911 or go to the emergency room. Do not attempt to apply any salves or ointments. See a doctor immediately. Contact a lawyer as soon as possible, too. You may have a strong case against the landlord, property management, maintenance company, plumber, or water heater manufacturer. Water heater burn injuries are extremely painful and often leave physical as well as emotional scars.

If you need a Georgia burn injury lawyer, call MLN Law at 404-531-9700 to schedule a free consultation. We have the experience and expertise necessary to help you assert your legal rights.

Labels: building maintenance, burn injury, personal injury, scalding water, third degree burns

posted by Michael L. Neff
0 Comments

LaGrange, Georgia City Ordinance May Ban Texting While Driving

LaGrange, Georgia Mayor Jeff Lukken initiated a city ordinance after pointing out that a driver is 23 times more likely to have an accident if texting while driving.

The proposed ordinance, if approved by the Mayor and City Council, would prohibit text messaging while operating a motor vehicle while in the City Limits of LaGrange. It would carry proposed fines of $50 for the first offense, $100 for the second offense, and $150 for the third offense. The fine could be as high as $1,000 if the texting causes an accident.

Chief Louis Dekmar, Director of Public Safety for the City of LaGrange, said that enforcing the ordinance would be difficult, but he also pointed out that police officers could look at cell phones to determine whether or not a driver had recently been texting.

If the ordinance is passed, police would be able to stop drivers who appear to be sending or reading text messages. Drivers would be able to refute charges by showing their cell phone to officers.

Mayor Lukken said that the ordinance would send a strong message to the citizens: “Don’t Text and Drive in LaGrange.” The ordinance would also apply to those with learner’s permits.

During the public hearing of the first reading of the ordinance at a recent LaGrange City Council meeting, one citizen said that it would be “impossible to enforce” and questioned possible profiling by age, gender, and race. Mayor Lukken responded, “We are trying to send a message to the citizens that it is 23 times more dangerous driving a car when texting.”

The Mayor also explained that police would be able to tell if drivers were texting immediately before accidents. City Manager Tom Hall pointed out that 18 states have already banned text messaging while driving. Georgia is one of the states that has not banned texting while driving.

Last month in Savannah, Georgia, the Governors Highway Safety Association (GHSA) enacted a policy to encourage every state to ban texting behind the wheel for all drivers. GHSA Chairman Vernon Betkey said, “The action by the GHSA membership is based on the fact that texting while driving is indisputably a distraction and a serious highway safety problem. If every state passes a texting ban, it will send a message to the public that this dangerous practice is unacceptable. We can begin to change the culture that has permitted distracted driving.”

Later this month, the U.S. Department of Transportation will host a Distracted Driving Summit in Washington, D.C. The summit will focus on ways to reduce wrecks caused by distracted driving behaviors like texting.

If you haven’t seen the graphic public service announcement about texting while driving, I highly recommend that you watch it and show it to others (especially younger drivers).

Have you been injured by a distracted driver? If you need a Georgia accident lawyer, call MLN Law at 404-531-9700 to schedule your free consultation.

Labels: cell phone, distracted drivers, driving and texting

posted by Michael L. Neff
0 Comments

How to Protect Yourself from a Stalker

Yesterday I posted about how stalking is often perceived as a threat that only high profile celebrities and the super rich have to deal with. Actually, though, any one of us can become the victim of a stalker. And victimhood takes its toll. If you are an average Joe or Jane, chances are you cannot afford a high end security firm to protect you from your stalker. Instead, you will be forced by the stalker to spend your life in a state of constant hypervigilance. Often stalking victims are forced to move or change jobs and routines to try and slip the stalker. Stalking can take a severe emotional (and economic) toll on the victim and, in layman’s terms, make their lives a living hell.

According to statistics, at least 1 and 20 women will be stalked in their lifetimes, usually by someone they were once married to or dated. This often stems either from the stalker's inability to handle rejection or a feeling of “If I can’t have her, nobody will.”

Serial murderers and child sexual predators have also been known to stalk their victims, and often do so as a precursor to crimes such as kidnapping, rape and even murder. These offenders are often very hard to apprehend because, unlike acquaintance stalkers, they may be entirely unknown to their victims.

Stalking is an extremely dangerous behavioral trait, one that indicates that a person has a capacity for violence or, at the very least, a distorted worldview. Read on for what you need to know about how to handle stalkers and potential stalkers:

1.) Be Clear – People, especially women, are often socialized to “be nice” and do anything to avoid hurting someone’s feelings. Unfortunately, for a stalker, this can result in mixed signals. Stalkers may seize on any positive indicators while ignoring the negatives. This way, in their minds, the stalking is warranted. If you are no longer interested in the attentions of a potential stalker, be clear and firm when saying so.

2.) Cut Off Contact – For a stalker, any attention is good attention. In their twisted worldview, you yelling insults at them or even having a burly relative threaten them with bodily harm only tells them that you still care. The best way to make a stalker’s interest wane is to cut off all contact and ignore them completely. In the best case scenario, the stalker will lose interest.

3.) Protect Your Information – Do not publish your phone number, address or internet information. Use a post office box and your work phone number or a relatives phone number. If the stalker knows your online presence, change your email address and do not post any personal information online directories or social media websites.

4.) Keep a Diary – Record all incidents of stalking, no matter how small or trivial. If you receive hang up phone calls, note them down. If you “just happen” to meet your stalker out in public, be sure to record the incident in your diary. The diary will become a valuable record should you need to pursue legal action against your stalker.

5.) Protect Your Home – Stalkers like to watch and perform surveillance. Don’t give them that opportunity. Trim bushes outside your exterior windows and keep blinds and doors closed at all times. Use motion detecting lights to alert you to a stalkers presence. Install a loud alarm. Be sure to lock all doors and windows, and install audible door and window alarms so that you can hear whenever someone has entered your home. Stalkers are clever – they may try to cut your telephone line or turn off your electricity outside your home. Lock your fuse or circuit breaker boxes and keep a charged cell phone handy.

6.) Protect Your Car – Stalkers will try to learn your routine, so vary it. Take different routes too and from work and, if possible, leave at different times of day. If you must park in a public lot that requires you to surrender your keys, only turn over your ignition key and never your house key. Make sure your gas cap locks to prevent the stalker from siphoning your fuel and leaving you stranded. Always park in public, brightly lit places and never enter your car if there is a van parked next to it. If you feel you are being followed, do not drive home. Drive to the nearest police or fire station and honk the horn loudly for assistance.

Stalking is a serious crime and it can happen to anyone, rich or poor, celebrity or common person. In addition to following these precautions, contact law enforcement if you think you are being stalked.

Labels: child safety, sexual predator, violent crime victim

posted by Michael L. Neff
0 Comments

Thursday, September 10, 2009

More than 2,000 Auto Accidents in Georgia over Labor Day Weekend

According to the Georgia Department of Public Safety, from 6:00 p.m. Friday to midnight Monday, September 7, there were 2,231 crashes, 614 injuries, and 9 deaths over Labor Day weekend.

Officials expected fewer accidents. The estimate for the number of crashes was 1,725. The actual number of crashes was higher than the estimate. However, estimates for the number of injuries and deaths were low. The Department of Public Safety estimated 975 injuries and 18 deaths. Thankfully, even though there were more accidents than expected, there were not as many injuries or fatalities.

In 2008, there were 1,660 crashes, 798 injuries, and 19 deaths. Crashes increased by 571 this year.

Fatal crashes were reported by Cobb County Police and Georgia State Patrol posts in Conyers, Gainesville (2), Jasper, Marietta, Milledgeville, Thomson, and Waycross.

Sadly, even a Gwinnett Police Officer was arrested for DUI after hitting another car.

When traffic increases, the number of accidents increases. The next major holiday travel period will be Thanksgiving. It’s important to be extra careful during these periods of heavy travel.

Follow these tips to reduce your chances of being involved in an accident:

Never drive under the influence of alcohol or ride with someone who has been drinking.

Never read, send text messages, or apply make-up while driving. Distracted driving is a major cause of unnecessary accidents. If your phone rings, or if you receive a message, just wait until you’ve come to a stop before you reach for your cell phone.

Always drive under the speed limit and use your turn signals.

Never drive when you’re sleepy. Stop and get some rest. A lack of sleep will slow down your reaction times.

Keep up with the maintenance on your car. If you’re going on a long trip, get a professional service check before you leave. Make a habit of checking your tires before you get in your car.

If you are involved in an accident, call 911 immediately. Do not discuss the wreck with anyone until the police arrive. Collect contact information from any witnesses.

If you have a camera on you, take photos of the scene. If you don’t have a camera, try to get a disposable camera and take pictures as soon as possible.

If you feel like you’ve been injured even slightly, see a doctor immediately. You should also contact a lawyer immediately before crucial evidence disappears. An experienced attorney can help you get monetary compensation for your injuries. Time is of the essence. Talk to an attorney as soon as possible.

If you’ve been injured in an auto accident and need a Georgia accident lawyer, call MLN Law at 404-531-9700 to schedule your free consultation. We’ll stand up for your rights and make sure you get the compensation you deserve.

Labels: auto accident, car crashes

posted by Michael L. Neff
0 Comments

Stalking Not Just a Problem for Miley Cyrus and Other Celebrities

Teen star Miley Cyrus is the object of millions of adoring fans, but that fame also came with a price for the “Hannah Montana” star – at least one rabid fan who crossed the line into stalking.

A 53-year-old Georgia man, Mark McLeod, has been accused of stalking the 16-year-old megastar. McLeod first came to the attention of authorities when he tried to breach the security perimeter of a movie set on Tybee Island, GA where Cyrus was filming back in July. On August 4th, he again attempted to gain access to the star, but this time was arrested and charged with attempted stalking, a misdemeanor.

According to Cyrus’ security guard, after the first incident McLeod told and investigator that he planned to return to the Tybee Island movie set and “finish things” with Cyrus. Other reports also stated that McLeod told people he was engaged to be married to Cyrus, and that the teen star had sent him secret messages through her television show. The Chatham County judge who heard the case could not deny McLeod bond due to the misdemeanor charge, but did say that he felt that McLeod was a danger and that he would deny bond if he could.

We often think of stalking as one of the downsides to fame, but actually stalking is a crime that can happen to anyone. Stalking can occur when an ex-significant other feels spurned, but it can also occur, as in Cyrus’ case, when someone feels that they are receiving signals or messages from a would-be lover, no matter if that person has ever seen or spoken with the stalker. Other criminals, such as serial murderers and sexual predators who prey on children, may also stalk their victims before committing a crime.

It’s hard to protect your children from becoming stalking victims in the latter case because criminals often single their victims out for reasons only understood in their own heads. But you can teach your children to be observant and follow simple safety precautions to ensure that, if your child does catch the eye of a stalker, they remain safe.

A recent BBC report also spotlighted another trend –teenage stalkers. According to an Australian report, stalking by teens can be significantly more violent than stalking carried out by other offenders. The study, which was published in the British Journal of Psychiatry, reported that most teen stalkers act not out of infatuation for their victims but due to either bullying or a perceived injustice (including sexual rejection.)

Victims of these teenage stalkers reported threats of death or rape as well as other physical threats.

The report:

"Juvenile stalking is characterised by direct, intense, overtly threatening and all too often violent forms of pursuit," the authors wrote.

"The seriousness that is afforded to adult forms of stalking should similarly apply to this behaviour among juveniles, given the even greater risks of disruption to the victim's life and risks of being attacked."

Stalking is a dangerous crime and one that does not get the attention it deserves outside of high profile celebrity cases. Check this spot tomorrow for more on what you can do to prevent stalking or protect yourself if a stalker has you in his or her sights.

Labels: child safety, child sexual abuse, sexual predator

posted by Michael L. Neff
0 Comments

Wednesday, September 9, 2009

Gwinnett Police Officer Caused DUI Wreck, Injury

Over Labor Day weekend, I saw police officers out in full force, and I am grateful for their hard work. There’s no telling how many injuries and fatalities they prevented by removing drunk drivers from Georgia highways.

And then there’s Gwinnett County police officer James Stoudenmire, who, according to the Atlanta Journal-Constitution, got drunk at Wild Bill’s dance club on Friday night and rear-ended another car after he left the club early Saturday morning.

Stoudenmire, 27, was driving his Mustang when he rear-ended a Mazda at a stop light. A passenger in the Mazda suffered a leg injury. Luckily, there were no serious injuries or fatalities.

The responding officer noted that Stoudenmire was unsteady during the field sobriety test and had a strong odor of alcohol on his breath.

Stoudenmire, who was off duty at the time, said that he had four drinks at Wild Bill’s starting at 4:00 p.m. on Friday. The accident occurred at 1:15 a.m. on Saturday morning. It appears that Officer Stoudenmire had more than four drinks.

The police report states that he “stumbled and fell against the wall across from the holding cell” as he was being released from jail on a $1,557 bond. He was charged with DUI and following too closely.

Stoudenmire is a four-year veteran of the Gwinnett County Police Department. He was placed on administrative leave, pending an investigation by the department’s Professional Standards Unit.

Do you think that Stoudenmire should be allowed to return to his job as on officer of the law after getting drunk, causing an accident, and injuring another person over Labor Day weekend?

As a police officer, Stoudenmire had to know that Labor Day weekend is one of the deadliest travel times of the year. In a recent press release publicizing Operation Zero Tolerance (OZT) – a crackdown on drunk driving – the Governor’s Office of Highway Safety revealed that there were 1,660 traffic crashes in Georgia during the Labor Day travel period last year. There were 19 deaths and 798 injuries. In 2007, more than 1,000 people were injured in Labor Day travel accidents.

“The sad fact is one-out-of-three of our fatal highway crashes in Georgia each year is caused by impaired drivers. And every one of those tragic alcohol-related deaths is completely preventable!” said Director Bob Dallas of the Governor's Office of Highway Safety.

Stoudenmire should have paid attention to the advice in the OZT press release: "Remember to designate a sober driver in advance – before the Labor Day festivities begin." If Stoudenmire had followed that one simple piece of advice, he would have prevented an unnecessary injury.

If you’re injured by a drunk driver or another careless driver, call MLN Law at 404-531-9700 to schedule your free consultation. In DUI cases, you may be entitled to punitive damages as well as standard recovery. You may also be able to sue the establishment that served the drunk driver in addition to the driver. If you or a loved one has been the victim of a drunk driver, call MLN Law now at 404-531-9700.

Labels: drunk driver, drunk driving, DUI

posted by Michael L. Neff
0 Comments

Defendants Finding Few Consequences for Slipping Ankle Monitors

In Georgia, electronic ankle monitoring devices are used by law enforcement to track 48 of the state’s 17,000 registered convicted sexual offenders. Judges deemed these offenders “dangerous sexual predators” and unsafe enough that they require constant monitoring. So what if I told you that the state’s ankle monitoring program relies on the good faith efforts of the monitored in order to be successful?

Physically, ankle monitors look like a plastic box about the size of a deck of cards. They are attached around the detainee’s ankle with a one-inch plastic strap that can easily be cut for emergencies. A fiber optic cable embedded within that strap gives off a signal when it has been cut, but, incredibly, cannot give off a signal if it is out of cell phone range or… has not been charged by the person being monitored.

That’s right, according to Robbie Brewer of Atlanta Ankle Monitoring, “You are still relying on [the defendant’s] faithfulness to charge it, to do what they are supposed to do and not to cut [the monitoring device].”

This goes far to explain a spate of recent news stories involving criminals under house arrest who have ditched their monitors and gone on the lam. Former DeKalb County Sheriff’s Deputy Derrick Yancey was placed on house arrest after being accused of shooting his wife of 17 years and an immigrant day laborer. Yancey cut off his ankle monitor and fled. He was last seen in Phoenix, Arizona, and is now possibly in Mexico. How did Yancey make it so far after blatantly cutting his ankle monitoring bracelet? Because the house arrest monitoring company did not notify law enforcement about the escape for 11 hours.

More recently, 17-year-old Antoine Wimes , who is accused of shooting a woman in the face and beating her son, cut his ankle bracelet and disappeared. In this case, Fulton County authorities were not notified by the monitoring company at all. Instead, they did not find out about the escape until Wimes family notified them.

Further, Fulton County District Attorney Paul Howard has recently been questioning why so many indicted murder defendants are out on bond. He revealed that 43 murder defendants are currently under house arrest in the county. That makes 43 people who could possibly follow in Derrick Yancey’s footsteps and flee captivity. And those are only the murder cases.

Shockingly, even with the recent rash of ankle monitor escapes, a new Georgia law may make ankle monitors even more ubiquitous. The law, sponsored by Len Walker (R-Loganville), took effect on July 1st and was designed to help alleviate Georgia jail overcrowding. The law requires that the monitoring companies – the same ones that waited 11 hours to notify authorizes of Derrick Yancey’s escape and never notified authorizes of Antoine Wimes’ escape at all – to act as surety for their charges. Under the law, these agencies would be responsible for sending agents to apprehend any escapees, fulfilling a role traditionally performed by bond enforcement agents.

What do you think? Is jail overcrowding a serious enough issue that dangerous defendants should be allowed to serve their time before trial at home? Or is the risk simply too great?

Labels: sex offenders, sexual predator

posted by Michael L. Neff
0 Comments

Tuesday, September 8, 2009

50 Years of Seat Belts Saving Lives - But Not on School Buses

Volvo introduced the first three-point seat belt in 1959. It was developed by safety engineer Nils Bohlin, and it debuted in the Volvo PV 544. Here’s a video from Volvo about the 50-year history of the seat belt:

You may remember that three-point belts (which go across the lap and the shoulder) were commonly available only in front seats until the 1980s. Backs seats normally had lap belts only. Then evidence of “seat belt syndrome” appeared; lap belts could cause separation of the lumbar vertebrae and even paralysis. Since September 1, 2007, all cars sold in the United States must have a three-point seat belt in all seats (except for seats that face sideways, which may have a lap belt only).

Seat belt syndrome resulted in a number of high-profile personal injury cases. For instance, one case in Los Angeles ended in a $45 million jury verdict against Ford Motor Company. The judgment was affirmed on appeal in 2006.

Ironically, most school buses do not have seat belts. Currently, only New York, New Jersey, California, and Florida require seat belts on school buses. School buses in Texas will be equipped with seat belts by 2011.

Officials argue that the compartmentalization of school children between padded seats absorb crash forces. Most states do not require seat belts because of this compartmentalization. However, the compartmentalization only works for some accidents, like head-on accidents. The padded seats do nothing for child safety if the bus is hit from the side, or if it rolls over.

In 1999, the National Transportation Safety Board (NTSB) conducted a study which found that “current compartmentalization is incomplete in that it does not protect school bus passengers during lateral impacts with vehicles of large mass and in rollovers, because in such accidents, passengers do not always remain completely within the seating compartment.

In March of 2000, a train struck the side of a school bus in Murray County, GA. The driver and three children were tossed from the bus. Of the ejected passengers, two sustained serious injuries, and one child was killed. Four children remained inside the bus; two of them were fatally injured, and one sustained serious injuries. One child on the bus was actually restrained by a lap belt and only received minor injuries.

Still, the National Highway Traffic Safety Administration (NHTSA) argues that the installation of seat belts would reduce seating capacity by 17 percent and add substantial expenses to school districts. The NHTSA concludes that “there is insufficient reason for a federal mandate for seat belts on large school buses.

The NHTSA states, “School bus transportation is one of the safest forms of transportation in the United States. We requires all new school buses to meet safety requirements over and above those applying to all other passenger vehicles. These include requirements for improved emergency exits, roof structure, seating and fuel systems, and bus body joint integrity. These requirements help ensure that school buses are extremely safe.”

But wouldn’t seat belts make school buses even safer? School buses are awkwardly shaped vehicles that are prone to roll over, and it seems that seat belts would significantly reduce injuries and fatalities in these types of accidents.

Case in point: Last year a school bus carrying 27 students in Canton, GA (about 40 miles north of Atlanta) overturned on its morning route. Eleven students were taken to the hospital for treatment, and some of them suffered serious neck and back injuries.

A study published in the November 2006 issue of the journal Pediatrics found that school bus accidents send an average of 17,000 children to emergency rooms each year.

If you or a loved one has been injured in a bus wreck or auto accident, call MLN Law at 404-531-9700 to schedule a free consultation. You may be entitled to monetary compensation for recovery.

Labels: school bus, school bus safety, seatbelt

posted by Michael L. Neff
1 Comments

Carjacker Steals Car with Children

A nightmare scenario for parents everywhere occurred in South Atlanta recently when robbers hijacked a car with three children inside.

A woman returned to her home on August 24th and found a red truck parked in her driveway. Worried that her home was being burglarized, she left her three children, ages 8, 5 and 2 inside her car and went inside, only to discover that her hunch had been right and at least two people were in the process of invading her home. Upon trying to flee, the burglars realized that their truck was blocked by the woman’s car. They then took the car with two of the three children inside. According to police, the 5-year-old boy somehow managed to escape during the chase.

Shortly thereafter, a family friend found the woman’s car at the intersection of Nisky Lake and Butner roads. The two abducted children, an 8-year-old girl and a 2-year-old boy were, thankfully, unharmed.

Recent reports indicate that carjackers are, just like the would-be burglars and carjackers featured in this news item, becoming much more brazen. The women’s empowerment group Award posits that carjacking is becoming more common now that car alarm systems have become fairly common. This makes it easier for carjackers to steal cranked, running vehicles from innocent drivers than it does for them to steal a heavily alarmed and protected parked car.

With that in mind, here are a few tips to avoid carjacking. Follow each and every one of these if at all possible to avoid the nightmare scenario that an Atlanta mother had to face last month:

1.) Be Aware of Your Surroundings – Look around your person and your car before approaching. If you notice any suspicious activity, don’t approach. Always park in well-lit, safe areas.
2.) Keep Keys at the Ready – Never stand beside your car searching for your keys. This gives would-be carjackers time to scope you out or even abduct you.
3.) Lock Doors – Lock your doors as soon as you get inside the car. Shoppers, especially, are prone to getting in the car, cranking it, and then settling their packages and themselves in. Lock the door first for maximum safety.
4.) Prevent Breakdowns – Keep your car well-maintained and always carry a working cell phone in case of emergency.
5.) Choose Routes Carefully – Drive along busy, well-lit roads and stick to the center lane. This makes it more difficult for would-be carjackers to approach you.
6.) Check Mirrors – It’s easy to get so intent on driving that you do not notice suspicious activity going on around you. Check your mirrors periodically and keep your eyes peeled while driving. Intersections, gas stations, ATMs, and grocery stores are common carjacking starting points.
7.) Plan an Escape Route at Every Intersection – As a driver, never allow yourself to get blocked into one course of action on the road.
8.) Hide Valuables – Consider buying a detachable stereo face. Also, thieves are now on the lookout for GPS devices, so conceal or remove them before leaving your car.

Do you have any more tips on how to avoid carjacking? Please share them with other readers in the comments.

Labels: violent crime victim

posted by Michael L. Neff
0 Comments

Monday, September 7, 2009

Do I Need Uninsured Motorist Coverage?

If you’ve been following this blog, you know that many tractor trailer truck drivers are operating unsafe vehicles. Teenagers and adults alike commonly speed, drive aggressively, drive under the influence, talk on cell phones while driving, and text while driving. Distracted drivers are all too common – and many of them are uninsured or underinsured drivers.

Do you know if your insurance policy would cover damages in a wreck in which the other driver is uninsured? If you have uninsured motorist coverage, then you’re covered. If you don’t have uninsured motorist coverage, then you should probably review your insurance policy and talk to your agent.

In January 2009, National Public Radio reported that approximately 16 percent of drivers nationwide are uninsured, and this figure is growing. With the current state of the economy, more and more drivers are letting their car insurance lapse. A study from the Insurance Research Council estimated that approximately 1 in 6 drivers will be driving uninsured by 2010. Unfortunately, drivers who are not responsible enough to maintain insurance coverage are often more likely to drive irresponsibly. Government research has found that uninsured drivers are ten times more likely to have DUI convictions and six times more likely to have convictions for driving an unsafe vehicle.

What would happen to you if one of these uninsured motorists caused an accident in which you were injured? The driver’s insurance company certainly wouldn’t help (since it doesn’t exist). And if you went to court and won a lawsuit against the driver, he or she probably wouldn’t have the assets to satisfy the judgment. That would leave you, as the injured victim, up a creek without a paddle. Many people in this situation do not get the medical care they need, and they never make a full recovery.

Likewise, underinsured motorists are just as dangerous. In Georgia, the minimum liability limit is $25,000. In other nearby states, the limit is even lower; for example, the minimum liability limit for Florida drivers is $10,000. These limits might cover minor fender benders, but they would not cover medical treatment for serious injuries. For example, a broken leg could cost $30,000. Treatment for head injuries could cost hundreds of thousands of dollars.

If you’re involved in a serious auto accident with an uninsured or underinsured driver, you will lose money unless you have adequate uninsured/underinsured motorist coverage on your policy.

Under the Georgia Uninsured Motorist Act, you may choose uninsured/underinsured motorist coverage which stacks on top of liability limits. For example, if an underinsured motorist had a liability limit of $25,000 and you had uninsured motorist coverage of $25,000, the total recovery available would be $50,000. I recommend at least $100,000 in uninsured motorist coverage for most people.

If you don’t know if your policy covers uninsured/underinsured drivers, or if you don’t know exactly how it works, give your insurance company a call. Considering the rising number of uninsured motorists on the road, uninsured motorist coverage would be a wise investment.

Labels: insurance, insurance company

posted by Michael L. Neff
0 Comments

Atlanta Hijacking Raises Grave Concerns About School Bus Safety

When asked to name the most dangerous aspect of a school bus, many parents would be tempted to cite a lack of seat belts or the potential for bullying while the driver’s head is turned. Very few parents would likely list hijacking among their list of school bus related concerns – until a couple of weeks ago when a man attempted to hijack a school bus in Atlanta.

At around 4pm on Thursday, August 27, 2009, a school bus driver was transporting her teenage charges down Boulevard Rd. When she made a routine stop and opened the doors, a man forced his way onto the bus and began attacking the driver and one teenager.

While the fight ensued, the quick thinking teenagers opened the bus’s emergency exit and filed out of the back, then called for help.

The attacker was Arris Pitmon, 23, who bystanders described variously as shirtless or “butt naked.” During the attack Pitmon climbed in through the driver’s side window, wrested control of the bus from the driver, and then followed her to the back of the bus where she had retreated with the students. From that point, a 16-year-old male engaged with Pitmon and attempted to take the bus from him. According to the AJC, the still moving bus eventually jumped the sidewalk, slid down a hill, and crashed into a fence.

By that time several gardeners from a nearby church were able to surround the bus and tackle Pitmon as he fled. At that point, bystanders began attacking the hijacker until one of the groundskeepers could pin and subdue him.

Pitmon is being held at the Grady Hospital Detention Center, charged with, among other things, 13 counts of false imprisonment, 13 counts of reckless conduct, four counts of battery, one count of theft by taking, one count of interference with government property and one count of damage to property. As a result of the hijacking, one injured student and the bus driver were transported to Grady Memorial Hospital. According to school officials, no one was seriously injured and the hospital visits were just a precaution.

Officials agree that the outcome of the hijacking represented a best case scenario. In the worst case, the school bus could have overturned due to the rocking and erratic maneuvering caused by the hijacking. And, if the assailant had been armed, a whole new level of danger could have materialized.

In response to the hijacking, Atlanta public school’s transportation and security divisions are investigating witnesses and trying to identify protocols to prevent hijacking in the future.

In another Metro Atlanta bus-related incident, a Sandy Springs 16-year-old was injured when he jumped out of the rear door of a moving school bus.

What is your opinion on the Atlanta school bus hijacking and school bus safety and general? How do you think they, and school districts around the country, can prevent a hijacking incident?

Labels: atlanta, school bus, school bus safety

posted by Michael L. Neff
0 Comments

Friday, September 4, 2009

Judge Awards $18 Million to Couple Injured in Truck Wreck

The St. Louis Post-Dispatch reports that a federal magistrate judge has awarded more than $18 million to a couple after the husband was permanently disabled in a tractor trailer truck wreck in which the truck driver was reaching for a cell phone.

The wreck left Mark Tiburzi, 53, unable to walk or talk. He requires constant care in a nursing home.

The judge ruled that the truck driver and his trucking company must pay more than $13.8 million to Tiburzi and $4.2 million to the wife.

The suit was filed in federal court because the trucking company is located in Alabama. Following a one-day bench trial, U.S. Magistrate Judge David D. Noce found that “it was more likely true than not true” that the truck driver was negligent.

The pileup accident, which occurred on Interstate 64 in St. Louis, also caused three fatalities in other vehicles and a total of 14 injuries. Lydia Miller (55), Alvin Mast (88), and Keith Cason (55) all were killed in the wreck.

Trial is pending on involuntary manslaughter charges against the truck driver, Jeffrey Knight, and at least two other families have civil suits pending against Knight and the trucking company.

Knight, 49, claims that he was reaching for a cell phone when his tractor trailer truck crashed into other vehicles on the interstate highway. Knight and his trucking company, Holmes Transport of Muscle Shoals, AL, were ordered to pay damages. Court documents show that Knight violated safety regulations by driving more than the maximum number of hours allowed in an eight-day period.

Regarding news story about this case on stltoday.com, one reader comments: Even more dangerous than cell phone use is the abuse of hours of driving allowed by the Dept. of Transportation. It is common for a driver to exceed his 11 hours allowed and falsifying his record of duty status is routine. This should not be overlooked as a reason why this accident occurred. A fatigued driver is dangerous. Many trucking companies ignore these violations and dispatch the drivers in such a way that they have to exceed their allowable hours in order to make the delivery schedules. The D.O.T. needs to clamp down on these violations! Here is a scary thought; the driver of that 80,000 lb rig in your mirror is probably half asleep from driving beyond the legal limits. This was a major contributor to the horrible accident in this article.

Indeed, due to the competitive nature of the trucking industry, drivers commonly falsify log books and violate safety regulations. When you combine driver fatigue with driver distraction (such cell phone use), an accident is sure to occur at some point.

In fact, a recent Virginia Tech study found that texting truckers are 23 times more likely to crash.

If you or a loved one has been injured in a truck accident, you need an experienced attorney who understands the complex laws and regulations of the trucking industry. If you have any questions, call MLN Law at 404-531-9700 to schedule a free consultation.

Labels: cell phone, tractor trailer, truck wreck

posted by Michael L. Neff
0 Comments

Many Atlanta Area Pools Found Improperly Chlorinated and pH Balanced

It is common knowledge that public swimming pools need to be maintained and treated with chlorine and proper pH levels in order to protect swimmers, but a recent investigative report published in the AJC showed that many metro Atlanta pools and spas must have missed the memo.

In Gwinnett County alone, inspectors found at least 75 incidences where public pools and spas had not treated the water with chlorine. Hundreds more public pools and spas were closed due to critical violations over the summer – violations that could have put the bathing public at risk for waterborne diseases or infection by bacteria and parasites. Inspectors also found that some businesses were cited repeatedly, raising questions about these businesses’ habits when it comes to water treatment.

Public pools are especially prone to health issues due to the sheer amount of numbers of people who use the pool and, if the pool is used by children, the occurrence of what the pool industry called “fecal accidents.”

As quoted in the AJC:

“If the facility is run by the ignorant or the apathetic, that’s usually a problem,” said Tom Lachocki, chief executive officer of the National Swimming Pool Foundation, a leading trainer of pool operators.

“Fortunately, most of the illnesses one can get in a pool are not catastrophic,” he said. “But you don’t go to the pool to get diarrhea or a rash or sore eyes.”

Waterborne diseases can include gastrointestinal illness, an ailment that many people don’t associate with a trip to the pool or spa. Another risk is infection with the parasite cryptosporidium. According to the Centers for Disease Control (CDC), over the past few years they have been receiving an escalating number of reports of outbreaks associated with recreational water use.

Said the AJC:

For a study published last year, CDC researchers sampled water at 160 Atlanta-area pools to see how many were contaminated with cryptosporidium and another diarrhea-causing parasite, giardia. They found one or both of the parasites in 8 percent of the pools. Although the sample size was small, researchers said the results suggest contamination may be relatively common in some pools.

The CDC did offer up a tip for concerned public swimming pool users – test the water yourself. Pool supply shops and home supply stores sell simple test strips that will change color to show whether the pool’s chemistry is properly calibrated and it is safe for use. These strips are expensive, and an imperative if you plan to swim in a public pool.

The tip is especially relevant to parents. Wading or “kiddie” pools, due to their shallow depth and relatively low water volume, are especially challenging when it comes to pool maintenance, which can lead to disaster when combined with “fecal accidents.”

Since 2001, Georgia’s health department has confirmed seven pool-related outbreaks: one each at a camp, school and hotel; the rest were at subdivision pools or private homes. One of the state’s most famous waterborne incidents occurred in 1998 when 26 children who had visited the White Water Park in Marietta became ill from E. coli bacteria.

Do your part to keep public pools and spas safe. If your neighborhood has a pool, ask about maintenance. Use test strips to measure public pools and teach children pool safety from a young age.

Labels: atlanta, swimming pool safety

posted by Michael L. Neff
0 Comments

Thursday, September 3, 2009

$3.8 million Awarded in Pool Drowning

An Alabama jury ruled last week that a Montgomery, AL hotel and its manager must pay $3.8 million in the drowning death of a 19-year-old football player on its premises.

Derrick Marshall had proven himself as an outstanding high school receiver and was getting ready to start a promising career on the Alabama State University football team. But that promising future was cut short when Marshall drowned in the pool in the former King’s Inn hotel on July 29, 2007.

The pool where Marshall drowned had been closed 11 days earlier by county health officials due to water turbidity (i.e. cloudiness or smokiness in the water, indicating some kind of bacteria or other contaminant.) According to the suit, even though the pool was shut down, workers at the hotel told Marshall and his party, attending a family reunion, that they could use the pool. According to witnesses, maintenance workers even bent the chain the county had used to close the pool, and then propped the door open to allow easier access to the contaminated pool for guests.

Marshall, who was, according to his mother, an accomplished swimmer, disappeared into the deep end of the pool. Due to the pool water’s turbidity, rescuers were unable to find Marshall’s body for about 12 minutes in the cloudy water. EMS workers did manage to finally pull him from the pool and revive him. But Marshall’s story was not slated for a happy ending. He was hospitalized and lingered in a vegetative state for three months before dying in November 2007 at just age 20.

The hotel claimed that they had not provided access to the contaminated pool and that Marshall could not swim and therefore was reckless in going into the deep end. But hotel workers backed up the claim that yes, maintenance workers had allowed guests to use the pool that day. And a pool drowning expert, noting again that Marshall was a strong swimmer, posited that Marshall had suffered from a “laryngospasm” (an involuntary contraction that causes the windpipe to shut down to prevent water rushing into the lungs, which can result in unconsciousness), which caused him to pass out. Further, the hotel had no rescue equipment or procedures in place in case of an accident.

Ultimately the jury deliberated only 39 minutes at the close of the seven day trial before finding the hotel and its manager, Tamara Mitchell, liable for negligence and wrongful death. Mitchell, though not on the premises at the time, was found guilty because it was ruled that she was directly responsible for the actions of her staff.

In his closing argument, plaintiff’s attorney Josh Wright asked the jury to award compensatory damages from the time of injury to the time of death, as well as punitives for Marshall’s wrongful death. The jury awarded $766,000 in compensatory damages and $3 million in punitive damages.

“We instructed them they would have the ability to award punitives for negligent conduct, and to send a message and deter the conduct of this defendant and other similarly situated public pool operators,” Wright said.

That Alabama jury did send a powerful message to premises operators who would be neglectful of the safety of guests on their premises. If you or anyone you know has been the victim of an accident in a public place or on commercial property, call MLN Law at 404-531-9700 to schedule a free consultation.

Labels: drowning, premises liability, water safety

posted by Michael L. Neff
0 Comments

5-Year-Old Marietta Boy Hit by Car - Child Safety on Streets

Last week a 5-year-old boy was hit by a car while crossing Powder Springs Street near Oregon Trail in Marietta. He was crossing the street with his mother when he was struck by a Honda Accord driven by a Marietta man. No charges have been filed at this point, but the case is still under investigation.

The boy, whose name was not released, sustained a broken leg, head injuries, and other unspecified internal injuries. He was airlifted to Children’s Healthcare of Atlanta at Scottish Rite in critical condition. Thankfully, he is expected to make a full recovery.

Not all children are so lucky. Last month, you may remember, an Atlanta girl was killed after stepping off a MARTA bus. She was hit by an SUV that illegally passed the bus.

In light of these two horrific accidents, I decided to dedicate a post to child safety on streets.

First of all, if you’re an Atlanta driver, please slow down, especially in neighborhoods. Going 10 miles per hour faster through a neighborhood won’t make that much different in your trip time, but it might make a big difference for a neighborhood child.

If you have children, keep them away from the street unless they’re holding your hand. And even when they’re holding your hand, you must pay close attention. Remember, the children in the news stories above were crossing the street with their mothers. Keep a tight grip on your child, and don’t let him or her walk ahead of you or behind you. Stay right beside your child at all times.

As your children get older, teach them to look both ways before crossing the street. Also teach them to look for hidden vehicles behind and in front of other cars.

Help your children choose the safest walking routes with the fewest crossings. High-traffic streets and streets with higher speed limits should be avoided.

Teach your children to always use sidewalks and paths as far away from the traffic as possible.

Teach your children to be “defensive walkers.” Drivers may not always see small children. The children must be on the lookout for drivers. For example, a driver pulling in or out of a driveway may not notice a child on the sidewalk.

Children should walk (not run) when they cross the street.

Children should always use cross walks and obey traffic signals.

Finally, the best way to teach children anything, in my opinion, is to lead by example. Always obey traffic laws and use cross walks. Practice what you preach. If your child sees you jaywalking, he or she will probably think that it’s an acceptable behavior.

I am dedicated to child safety issues. If you would like to see any specific child safety issues addressed on my blog, please let me know by leaving a comment or sending an email. If you ever have any legal questions about child injuries, call me at 404-531-9700. I’ll be glad to help.

Labels: child safety

posted by Michael L. Neff
0 Comments

Wednesday, September 2, 2009

Scare Them or Reason with Them? What’s the Best Way to Stop Teens from Texting and Driving?

If you are on Facebook, Twitter or even just have an email account, chances are you have seen one of the latest viral videos making the rounds on the internet. Unlike many viral videos, this one applies to people of all ages and, instead of tickling our funny bones, serves as a sobering reminder of the deadly consequences of texting and driving. But some critics, as evidenced in a recent New York Times technology piece, think the video will not resonate with its primary audience – teens.

Have a look below. Be warned that the video is very graphic when depicting the consequences of texting and driving.

This video is just a small part of a 30 minute public service announcement put together by the police department of a small Welsh county called Gwent. When asked about the graphic nature of the piece, Peter Watkins-Hughes, the film’s director, said that young test audiences reported that the video should be shocking and violent in order to get teenager’s attention. Mick Giannasi, chief constable of Gwent police, said that the department decided to make a new video (their previous video had been on the dangers of joyriding), after young people reported that texting and driving was the major danger teens face on the road today.

But some critics, while allowing that the graphic video has gone viral for a reason, doubt that scare tactics will curb the urge to text while driving.

From the Times:

“When you look at something like cell phone use or texting, most people already know these behaviors are not safe, but they do them anyway,” said Anne T. McCartt, senior vice president for research at the Insurance Institute for Highway Safety, a nonprofit research group financed by auto insurers. “But the challenge in highway safety is that we do unsafe things day after day and don’t end up in a crash, and so I think, over time, people go back to their everyday behaviors.”

W. Kip Viscusi, a Vanderbilt university professor who studies risk, took a more jaded view.

“It goes back to, ‘What are you trying to accomplish with the warning — are you trying to inform people, or are you treating them like lower beings that have to be shocked into the way you want them to behave?’ ” he told the New York Times.

On the other hand, people like Richard Tay, a road safety researcher at the Schulich School of Engineering at the University of Calgary, thought that the portrayal of people being killed by a texting and driving accident would get through to teens.

“The guilt model does work fairly well in young people,” he said.

In the United States, nonprofits such as the Ad Council are trying a different tactic – humor. In this video, actor Fred Willard threatens to haunt a teen texter.

What is your opinion on the best way to get the texting and driving message through the heads of young people? Should we try to scare them with violent and graphic videos, or appeal to their funny bones? Leave your take on this serious issue in the comments.

Labels: driving and texting, teen drivers, teens and technology

posted by Michael L. Neff
0 Comments

Drunk Driving Fatalities among Female Drivers on the Rise - Labor Day Driving Tips

Last week Natasha Searcy, a 22-year-old young woman from Douglas County, was charged with vehicular homicide in the first and second degrees, failure to maintain her lane, lack of insurance, and driving under the influence. Searcy was driving drunk in her 1998 Pontiac when she crossed the center line and collided with a car driven by 25-year-old Ashley Ingalsbe. Luke Ingalsbe, age 4, died in the crash, Ashley Ingalsbe died last Monday afternoon. Her 2-year-old son and boyfriend were also seriously injured in the wreck.

Unfortunately, this local incident follows an alarming national trend: more women are driving under the influence and causing fatalities. Last month the National Highway Traffic Safety Administration (NHTSA) released a study which detailed the increasing trend.

FBI data shows that DUI arrests for women have increased 29 percent in the decade between 1998 and 2007. In the same time period, DUI arrests for men decreased by 7.5 percent.

Why are DUI arrests for women increasing while DUI arrests for males are decreasing? Does anybody have any possible explanations?

“Impaired driving is an issue that cuts across all segments of society and, sadly, the number of arrests of women driving under the influence is on the rise. This is clearly a very disturbing trend,” said Transportation Secretary Ray LaHood.

In 2008, impaired drivers caused nearly 12,000 fatalities. Approximately 2,000 of those fatalities were caused by female drivers who were under the influence of alcohol or drugs.

Some good news: According to the NHTSA report, DUI fatalities in Georgia decreased for both men and women. From 2007 to 2008, Georgia male DUI drivers in fatal crashes decreased 9 percent, from 337 to 307. In the same period, Georgia female DUI drivers in fatal crashes decreased 6 percent, from 68 to 64.

A nationwide anti-drunk driving campaign is currently underway. It’s known as Drunk Driving. Over the Limit. Under Arrest. The initiative involves over 11,000 police departments and other law enforcement agencies, and it will run through Labor Day weekend. During this time, police will redouble their efforts to nab drunk drivers during this high-risk travel period.

Last year, 40 percent of traffic fatalities during the Labor Day travel period involved a drunk driver. Based on these statistics, one might assume that nearly half of all drivers on the road this weekend will be intoxicated to some degree. Be sure to drive defensively and wear your safety belt.

If you’re going out of town this Labor Day weekend, follow these tips to stay safe and save money:

Slow down! Gas mileage decreases when you go faster that 60 miles per hour. For every five miles per hour over 60 MPH, you’re paying an additional 20 cents or more for each gallon of gas. Likewise, rapid acceleration can lower your gas mileage by 30 percent. Be patient. You’ll get there.

Use cruise control. Cruise control cuts fuel consumption by maintaining a steady speed on the highway. However, cruise control doesn’t give you the freedom to send a text message or program your GPS. When using cruise control, keep your eyes on the road and keep your foot ready to brake.

Turn down the AC. If you leave your vehicle’s AC on high all the time, this can reduce your mileage by up to 20 percent.

Finally, don’t drink and drive! Even if you’ve had “only a few drinks,” stay where you are, get someone else to drive, ride with a friend, or call a cab.

Labels: drunk driving, DUI, safe driving

posted by Michael L. Neff
0 Comments

Graphic Public Service Announcement Addresses Texting While Driving

The Today Show recently reported on a powerful new public service announcement (PSA) video geared toward teens. The PSA, produced by Tredegar Comprehensive School and Gwent Police in the United Kingdom, graphically illustrates the possible repercussions of texting while driving.

With stunning special effects and realistic acting, the video has become an Internet sensation. If you know any teenage drivers - or any people who have a problem with texting while driving - please send this URL to them.

The four-minute PSA is actually part of a larger 30-minute drama produced and directed by Peter Watkins-Hughes, an award-winning former BBC producer.

Ironically, while the video is intended for teens, you must verify that you’re an adult in order to watch it on you tube because of its graphic content. It could certainly cause nightmares among younger children.

Gwent Police produced the video in hopes of preventing accidents caused by cell phone users. Texting while driving has become a problem around the world.

“Making and receiving calls and texting whilst driving is still happening in roads not just in Gwent but all over the country,” said Gwent Police Chief Inspector John Pavett.

“Seeing a scenario, like the one [the PSA character] goes through, played out right before your eyes makes you realize how extremely dangerous it can be and what devastating consequences it can have. I hope that after watching this film, motorists will think twice before picking up their mobile phone when behind the wheel and realize that a quick reply to a text message or answering a phone call is never worth putting theirs and other peoples lives at risk.”

As Tom Costello of The Today Show pointed it, it’s the start of a new school year, and many teens are getting behind the wheel for the first time. And nearly all of them have cell phones. It seems like this video has gone viral at the appropriate time.

A recent Virginia Teach study found that the risk of collision jumps 23 times while texting. Currently, 17 states and the District of Columbia ban texting while driving, and 7 states ban the use of handheld cell phones while driving.

“We all know texting while driving is dangerous, and I promise you we’re going to do something about it,” Secretary of Transportation Ray LaHood recently said as he makes preparations for a national summit on texting while driving next month.

AAA recently did a study which found that 95% of drivers understand that texting while driving is dangerous, yet 21% admitted that they had recently texted or emailed while driving.

Hopefully this powerful new PSA will change some of that behavior. According to the Gwent Police Department, the PSA video has already gotten more than a million hits.

This is one video that I’ll be sending to everyone I know (and I recommend that you do the same). If you have a teen driver, don’t let your teen driver’s last words be a text message. Here’s the full video on you tube (note that you‘ll have to confirm your aging by signing into you tube):

Labels: cell phone, driving and texting, teen drivers

posted by Michael L. Neff
0 Comments

Tuesday, September 1, 2009

What are the Stella Awards?

You may not immediately recognize the name Stella Liebeck, but you’ve probably heard of the McDonald’s scalding coffee case. In 1992, Stella, 79 at the time, spilled a cup of McDonald’s scalding hot coffee onto her lap, and a jury awarded her $2.7 million in punitive damages.

But that’s not the whole story: McDonald’s served their coffee at scalding hot temperatures without letting customers know that it could burn them, and the coffee had a history of burning unsuspecting customers. Other establishments generally serve coffee at substantially lower temperatures than the 185+ degrees of McDonald’s coffee, which is hot enough to cause severe, third-degree burns. Also, a trial court subsequently reduced the punitive damages to $480,000.

Even though this case had merit (and McDonald’s now serves their coffee at a much lower, safer temperature thanks to Stella's lawsuit), the term “Stella Award” has been applied to outlandish, frivolous lawsuits.

A website at www.stellaawards.com keeps track of these cases, and Randy Cassingham has written a book titled The True Stella Awards, which is an Amazon.com best seller.

By presenting entertaining lawsuits, the independent website poses questions such as: Are the people involved in these cases using the courts to redress justifiable grievances that can't otherwise be settled? Or are they trying to extort money from anyone they can? Are the lawyers involved champions of justice? Or are they helping to abuse the system in the name of getting a piece of the action?

Here are the synopses of some of the “Stella Award” cases presented by the website:

Man says he is having heart attacks and got diabetes because he's obese. Why is he obese? Because McDonald's, Burger King, Wendy's and KFC failed to tell him that he shouldn't eat their fast food multiple times per week. Meanwhile, a federal judge throws out a similar case filed by obese children, but legal observers warn that's not the end of the issue.

Man uses restroom stall in city building that doesn't have a door knob. When he sticks his hand through the hole, he gets hurt -- and, of course, sues. He wins almost $3 million. His occupation? City claims examiner.

After an accident, transit authority discovers its driver is color-blind. Federal law requires commercial drivers to correctly see color, so he is pressured to resign. That's not the end, though: he sues, claiming "discrimination" against color-blind people -- even though he claims he is not color-blind.

Sharper Image received a bad review from Consumer Reports magazine for its "Ionic Breeze" air filter. Rather than improve the product, it sued the magazine. The judge ruled it was a "Strategic Suit Against Public Participation" -- an illegal "SLAPP" lawsuit, and sanctioned Sharper Image.

The website also points out “bogus” Stella Award cases, or urban legends, including the following:

Kathleen Robertson of Austin, Texas, was awarded $780,000 by a jury after breaking her ankle tripping over a toddler who was running amuck inside a furniture store. The owners of the store were understandably surprised at the verdict, considering the misbehaving tyke was Ms. Robertson's son. Fabricated.

In November, Mr. Grazinski purchased a brand new 32 foot Winnebago motor home. On his first trip home, having joined the freeway, he set the cruise control at 70 mph and calmly left the drivers seat to go into the back and make himself a cup of coffee. Not surprisingly, the Winnie left the freeway, crashed and overturned. Mr. Grazinski sued Winnebago for not advising him in the handbook that he could not actually do this. He was awarded $1,750,000 plus a new Winnebago. Fabricated.

Kara Walton of Claymont, Delaware, successfully sued the owner of a nightclub in a neighboring city when she fell from the bathroom window to the floor and knocked out her two front teeth. This occurred while Ms. Walton was trying to sneak through the window in the ladies room to avoid paying the $3.50 cover charge. She was awarded $12,000 and dental expenses. Fabricated.

The Stella Awards and the bogus cases are good for a laugh, but personal injury law is a serious matter. When you’re injured because of the negligence of another person or company, you need a experienced lawyer who will work hard and pursue all your options. If you’ve been injured, call MLN Law at 404-531-9700 to schedule a free consultation.

Labels: personal injury lawsuits, punitive damages

posted by Michael L. Neff
0 Comments

Jury Awards $30 Million to Teen Injured in Truck Wreck

A DeSoto County Circuit Court jury in Tennessee recently awarded $30 million to a teenager who suffered permanent brain damage in a gravel truck accident three years ago.

The teen, Ethan Bryant, spend eight months in a coma after a gravel truck crashed into his pickup truck in 2006.

Paul Scott, attorney for the Bryant family, said that the gravel truck driver’s load was 20,000 pounds overweight, and the driver had little experience.

Unfortunately, trucking companies often exceed load limits in order to save money. However, overloaded trucks are dangerous on roadways. Excessive loads not only add more mass to already massive vehicles, but they also make trucks more likely to roll over and crash.

Bryant’s passenger, Patrick Taylor, was killed in the wreck. Both Bryant and Taylor were 16 at the time of the accident, and both were athletes at Hernando High School.

The jury found that APAC Tennessee, Inc., the paving company that hired the gravel truck driver, was 70 percent responsible for the wreck. The remaining 30 percent of fault was split between the driver and the company that loaded the gravel. The loading company settled out of court.

The driver, Chad McCarty, pleaded guilty to manslaughter and aggravated assault and was given 15 years of probation.

Bryant, who is now 19, received traumatic brain injury that left him incapable of living without help. His mother had to give up her job to take care of him.

“He requires 24-hour care,” said his father, Carey Bryant. “It’s turned into my wife’s full-time job.”

The victim’s father also said that the jury verdict gave him the only feeling of justice he’s felt in the last three years since the accident.

In today’s economy, many trucking companies will do anything to get ahead, even if that means breaking the law. In fact, a recent analysis of government data found that 200,000 trucks are driving in violation of federal safety laws.

Trucking companies may hire inexperienced drivers, drivers with medical problems, or drivers with alcohol and drug dependency. Many companies encourage drivers to work for long hours without adequate rest.

Large trucks may be overloaded, improperly loaded, or unsafe because of defective tires or other parts.

Large trucks are certainly the most dangerous vehicles on our roadways. They make up less than 4 percent of the vehicles on the road, yet they’re involved in 12 percent of the fatal accidents.

When you’re driving on the highway, always keep a safe distance between your vehicle and large trucks. The trucks have several extended blind spots, and they may not see your vehicle. When you have to pass a large truck, do so quickly and with care. Be aware that large trucks must swing to the left when turning right. To be safe, anticipate their moves and stay out of the way.

If you’ve been injured in a trucking accident, you need a personal injury attorney who understands the industry and the relevant laws and regulations. Call MLN Law at 404-531-9700 to schedule your free consultation with an experienced attorney.

Labels: jury verdict, TBI, traumatic brain injury, truck accident, truck safety, truck wreck

posted by Michael L. Neff
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Man Accused of Molesting Girls at Metro Atlanta Malls

An Avondale Estates, GA man recently turned himself in in connection with the case of a nine-year-old girl who was molested at a shopping mall. The victim’s mother reported the crime, which took place in North Point Mall in Alpharetta on August 4th. Mall surveillance cameras caught footage of the suspect on camera.

After the footage was aired on the news, Scott Carlton Taylor, 46, turned himself in. Taylor was also wanted in connection with a similar case that took place in a mall in Gwinnett County.

Atlanta’s Fox 5 reported that Taylor had a history of luring young girls in shopping malls. According to their report, he enticed children to follow him by telling them that he had a child their size and wanted to see if certain clothes fit. In the North Point Mall case, Taylor then inappropriately touched the victim on the outside of her clothes. Security cameras shows Taylor with a little girl’s dress over his arm, presumably a prop in his ruse to lure the victim.

"We observed a male subject who would methodically go look for a victim," said Officer George Gordon of the Alpharetta Police Department.

Police are now trying to ascertain whether Taylor was involved in a similar case at the Mall of Georgia, and if he has perpetuated his crime at any other area malls.

The mother of the victim in the North Point Mall case said that the incident happened fast and that she was only a few feet away when her daughter was approached.

Unfortunately, according to Office Gordon, "If he did this in less than a minute, this isn't his first time.”

This case is a sad reminder that child molesters can be creative when committing their crimes. According to police, Taylor knew the locations of security cameras and would lurk out of the cameras’ view for up to 45 minutes at a time before choosing a victim. That is why it’s imperative that parents watch children at all times when they are in public. An undercover news investigation in Cleveland, Ohio during the busy mall Christmas season uncovered several unsupervised children in a local mall. The Cleveland report also shows many child molesters living near local malls. While there are laws on the books in many states keeping convicted sex offenders from living near schools, churches, day cares and other places children frequent, I could find no law in any state that prevented child molesters from living near shopping malls.

The case also demonstrates the fact that there is no stereotypical child molester appearance. Taylor is clean and witnesses described him as well dressed. According to police, most people would not have been concerned if they saw him with their kids.

Though a concerned parent and good police work, this alleged child molester will be brought to justice before he can strike again.

Labels: child sexual abuse, sex offenders, sexual predator

posted by Michael L. Neff
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