Atlanta, Georgia Personal Injury Lawyer
Atlanta personal injury lawyer blog
Tuesday, June 23, 2009
Construction Companies Cited in Atlanta Botanical Gardens Tragedy That Left 1 Dead Appeal Fines
Tuesday, May 26, 2009
Slips, Trips, and Falls in Restaurants
Tuesday, May 12, 2009
Medical malpractice in Georgia a fact of life
Insurance doctor owes duty of care to injured party
Last weekend, on Father’s Day, the Atlanta Botanical Gardens offered a special allowing all dads in for half priced admission. But for some, it may have been hard to forget the tragedy that occurred there back in December of last year when a walkway collapse killed 1 and injured 18.
Construction workers were pouring concrete for an elevated walkway when the structure suddenly collapsed, sending workers tumbling at least 30 feet to land on a damp hillside. The fatality was 66-year-old Angel Chupin, a concrete worker employed by SDC, a Kennesaw construction company. Chupin was survived by a wife and eleven children. According to Chupin’s son Raul, his father had concerns about the scaffolding he was working on, stating that it should have been 6 feet, and not 12 feet, apart.
Chupin knew what he was talking about. The dangerous scaffolding came up again in an investigation by the Occupational Safety and Health Administration (OSHA). OSHA reported that four of 16 towers used in laying the concrete were too far apart and insufficiently anchored.
The accident led OSHA last week to fine three of the companies involved in the accident. Hardin Construction Company of Atlanta was fined $6,300 for their involvement in the accident. Southeast Access of Kennesaw was fined $4,900 for failure to properly inspect the towers, and Williams Erection Company of Smyrna received the largest fine, $15,050 for building the towers too tall and failing to properly brace them. The towers ranged in height from 5 feet to 35 feet.
However, at least two of the construction companies are appealing the fines. A spokesman for Hardin Construction cited the company’s exemplary safety record when commenting to the Atlanta Journal Constitution on the appeal. An earlier AJC article, though, found several instances where Hardin had been cited for multiple previous safety violations carrying thousands of dollars in fines. One of Hardin’s subcontractors, Pioneer Concrete, had also lost a man on the job before and in a later lawsuit, admitted its sole negligence in the death.
Hardin Construction and Williams Erection are both planning to appeal the fines. Federal law gives them 15 days to do so. There was no word yet from Southeast Access about whether they planned to follow suit and appeal the findings as well.
Meanwhile, the Atlanta Botanical Garden is going ahead with the plans for a “Canopy Walk” – the original exhibit the construction workers were working on at the time of the collapse. Construction on the exhibit is slated to begin again late this summer with an expected opening date of 2010. The Botanical Garden plans also to dedicate a private garden to the workers and their families at the same time.
If you have been injured on the job, you have legal rights. Click here for our Worker’s Compensation page and to read further about your rights under Georgia’s Worker Compensation Laws. If you have been injured, call MLN Law at (404) 531-9700 for caring, aggressive legal representation.
Construction workers were pouring concrete for an elevated walkway when the structure suddenly collapsed, sending workers tumbling at least 30 feet to land on a damp hillside. The fatality was 66-year-old Angel Chupin, a concrete worker employed by SDC, a Kennesaw construction company. Chupin was survived by a wife and eleven children. According to Chupin’s son Raul, his father had concerns about the scaffolding he was working on, stating that it should have been 6 feet, and not 12 feet, apart.
Chupin knew what he was talking about. The dangerous scaffolding came up again in an investigation by the Occupational Safety and Health Administration (OSHA). OSHA reported that four of 16 towers used in laying the concrete were too far apart and insufficiently anchored.
The accident led OSHA last week to fine three of the companies involved in the accident. Hardin Construction Company of Atlanta was fined $6,300 for their involvement in the accident. Southeast Access of Kennesaw was fined $4,900 for failure to properly inspect the towers, and Williams Erection Company of Smyrna received the largest fine, $15,050 for building the towers too tall and failing to properly brace them. The towers ranged in height from 5 feet to 35 feet.
However, at least two of the construction companies are appealing the fines. A spokesman for Hardin Construction cited the company’s exemplary safety record when commenting to the Atlanta Journal Constitution on the appeal. An earlier AJC article, though, found several instances where Hardin had been cited for multiple previous safety violations carrying thousands of dollars in fines. One of Hardin’s subcontractors, Pioneer Concrete, had also lost a man on the job before and in a later lawsuit, admitted its sole negligence in the death.
Hardin Construction and Williams Erection are both planning to appeal the fines. Federal law gives them 15 days to do so. There was no word yet from Southeast Access about whether they planned to follow suit and appeal the findings as well.
Meanwhile, the Atlanta Botanical Garden is going ahead with the plans for a “Canopy Walk” – the original exhibit the construction workers were working on at the time of the collapse. Construction on the exhibit is slated to begin again late this summer with an expected opening date of 2010. The Botanical Garden plans also to dedicate a private garden to the workers and their families at the same time.
If you have been injured on the job, you have legal rights. Click here for our Worker’s Compensation page and to read further about your rights under Georgia’s Worker Compensation Laws. If you have been injured, call MLN Law at (404) 531-9700 for caring, aggressive legal representation.
Labels: worker's compensation, workers compensation
Slips, trips, and falls are the most common cause of injury in restaurants among both employees and customers. Think about it . . . Beverages and grease splatter on the floor throughout day, and mopping can make the floor even more slippery. On top of that, simply walking around in most restaurants is an awkward and often dangerous task. The aisles between tables are typically narrow and cramped, and during busy times, servers scurry about carrying large trays of hot food. Considering the environment, it’s a miracle that more people aren’t injured by falling in restaurants.
Each year, three million workers and one million customers are injured due to slips, trips, and falls in restaurants. Slips, trips, and falls account for 27% of all workers’ compensation claims and 39% of all general liability claims in the restaurant industry. For slips, trips, and falls, the average general liability claim cost for restaurants is $3,550.
According to the National Safety Council, slips, trips, and falls are the single largest cause of Emergency Room visits. Sadly, slips and falls cause over 20,000 fatalities in North America each year, and slips and falls are a leading cause of death in the workplace (second only to traffic accident fatalities).
In restaurants, people commonly slip on spilled food and beverages, but may they also trip in pot hot holes in the parking lot, slip on snow or ice in the parking lot, or trip over furniture, floor displays, or other obstructions.
The National Restaurant Association reveals that slips and falls are the greatest source of general liability claims within the restaurant industry. Here are some tips for preventing slips and falls in restaurants as well as what to do if you fall:
Tips for Restaurant Employees:
Tips for Restaurant Guests:
If you’ve been injured due to a slip, trip, or fall in a restaurant, you may be entitled to a personal injury claim. Restaurant owners, managers, and supervisors have a duty to uphold safety standards and warn people about any potential hazards.
When you sustain a personal injury because of a slip, trip, or fall in a restaurant - or any kind of personal injury where another party may be liable - contact The Law Offices of Michael Lawson Neff as soon as possible. If you have any questions, call (404) 531-9700 to schedule your free consultation.
Each year, three million workers and one million customers are injured due to slips, trips, and falls in restaurants. Slips, trips, and falls account for 27% of all workers’ compensation claims and 39% of all general liability claims in the restaurant industry. For slips, trips, and falls, the average general liability claim cost for restaurants is $3,550.
According to the National Safety Council, slips, trips, and falls are the single largest cause of Emergency Room visits. Sadly, slips and falls cause over 20,000 fatalities in North America each year, and slips and falls are a leading cause of death in the workplace (second only to traffic accident fatalities).
In restaurants, people commonly slip on spilled food and beverages, but may they also trip in pot hot holes in the parking lot, slip on snow or ice in the parking lot, or trip over furniture, floor displays, or other obstructions.
The National Restaurant Association reveals that slips and falls are the greatest source of general liability claims within the restaurant industry. Here are some tips for preventing slips and falls in restaurants as well as what to do if you fall:
Tips for Restaurant Employees:
- Make sure that mats and runners are in place in commonly slippery areas.
- Wear slip-resistant shoes.
- Clean up spills immediately, and mark the spill with a sign.
- Conduct frequent inspections of floors.
- Pay attention during safety training.
- Report all slips, trips, and falls to a manager immediately, even if you don’t think you’re injured.
- Get a copy of the incident report.
- Take note of witnesses.
- If you fall, use a quality cell phone camera or disposable camera to take photos of the scene. See your doctor as soon as possible.
Tips for Restaurant Guests:
- Immediately report any spills or floor hazards to a manager.
- Walk slowly and carefully, and keep your eye on fast-moving employees.
- Report all slips, trips, and falls immediately, even if you don’t think you’re injured. Insist on speaking to a manager, and insist that the manager give you a copy of a written incident report.
- If you fall in a restaurant, take photos of the area where you fell if you have a camera or good cell phone camera on you. If you don’t have a camera, borrow one or purchase a disposable camera.
- Write down the names and phone numbers of other people at the scene.
- See your doctor as soon as possible.
- Don’t sign anything unless your attorney reviews it first.
- If you get a call from an insurance claims adjustor, he or she will probably get you to admit fault or partial responsibility. Tell the claims adjustor that you’re represented by an attorney, and you do not have to comment.
The leading causes of falls in restaurants include poor design and layout, poor maintenance, spilled liquids, spilled food, poor housekeeping, and floor obstructions. Poor design may refer to slippery floor coverings, low light, or slopes in floors. Examples of poor maintenance include frayed carpet, broken lights, leaking sinks, untimely ice removal, and broken tables or chairs. Common floor obstructions include floor mats, displays and signs, and shrubbery.If you’ve been injured due to a slip, trip, or fall in a restaurant, you may be entitled to a personal injury claim. Restaurant owners, managers, and supervisors have a duty to uphold safety standards and warn people about any potential hazards.
When you sustain a personal injury because of a slip, trip, or fall in a restaurant - or any kind of personal injury where another party may be liable - contact The Law Offices of Michael Lawson Neff as soon as possible. If you have any questions, call (404) 531-9700 to schedule your free consultation.
Labels: avoiding personal injury, building maintenance, fall, injury attorney, personal injury lawsuits, safety, slip and fall, trip and fall, workers compensation
A May 3, 2009 article by in The Atlanta Journal-Constitution highlighted the serious costs that Atlantans pay for medical malpractice.
The article noted that Georgia doctors have circumcised the wrong babies, mistakenly operated on the wrong hand, knee, hip, leg, hernia and other body parts - even drilled into the wrong side of a person's head.
The article reported that the Georgia Department of Human Resources has received 102 reports of wrong-site surgeries since 2003, when reporting the incidents became mandatory. Since July 1, 2008 Georgia has received 20 reports.
The basic steps to prevent wrong-site surgeries should be well known to surgical teams: Verify the patient, mark the surgical site and double check records one last time prior to making the incision. Failing to follow this should be a breach of the standard of care - something necessary for a Georgian to sue for damages.
If you know someone who has been a victim of medical malpractice because a doctor has operated on the wrong body part, the lawyers at The Law Offices of Michael L. Neff are willing to counsel you on how to obtain fair compensation. Our phone number is 404-531-9700 or contact Michael Neff at mneff@mlnlaw.com.
For the entire article see
To see your local Georgia hospital see
The article noted that Georgia doctors have circumcised the wrong babies, mistakenly operated on the wrong hand, knee, hip, leg, hernia and other body parts - even drilled into the wrong side of a person's head.
The article reported that the Georgia Department of Human Resources has received 102 reports of wrong-site surgeries since 2003, when reporting the incidents became mandatory. Since July 1, 2008 Georgia has received 20 reports.
The basic steps to prevent wrong-site surgeries should be well known to surgical teams: Verify the patient, mark the surgical site and double check records one last time prior to making the incision. Failing to follow this should be a breach of the standard of care - something necessary for a Georgian to sue for damages.
If you know someone who has been a victim of medical malpractice because a doctor has operated on the wrong body part, the lawyers at The Law Offices of Michael L. Neff are willing to counsel you on how to obtain fair compensation. Our phone number is 404-531-9700 or contact Michael Neff at mneff@mlnlaw.com.
For the entire article see
To see your local Georgia hospital see
Labels: Atlanta Journal Constitution, atlanta medical malpractice, damages, pain and suffering, workers compensation
As reported in LawyersWeeklyUSA, the Arizona Court of Appeals held that even though a formal doctor-patient relationship does not exist, a doctor conducting an "Independent" Medical Exam owes a duty of reasonable care to the person examined.
A man injured his back while at work and his workers’ compensation carrier had him undergo an exam by someone it hired. The workers comp doctor reported that the man did not need further care and that he should have no work restrictions.
As a result, the employer terminated his benefits. However, the man’s condition worsened. In fact part of his spinal cord died and he developed a condition that caused constant pain. He took prescription pain and other medications to help him sleep and died of an accidental overdose.
His family sued the workers comp doctor - a jury found the doctor to be partially at fault. The doctor appealed, arguing that he owed the man no legal duty.
However, the Arizona Court of Appeals disagreed. “We … cannot envision a public benefit in encouraging a doctor with specific individualized knowledge not to investigate the symptoms of a cervical spine injury. We recognize the very real concern that imposing a duty on [the IME doctor] to practice reasonable care under the circumstances might create a chilling effect within the IME community. … [H]owever, ethical standards govern physicians, and they likely limit ‘the threatened flood of litigation’ to a ‘trickle.’ …
“We do not hold that every IME physician has a duty of care in every situation. In this case, [the IME doctor] was hired to determine the extent of [the decedent’s] work-related injury and make treatment recommendations. By agreeing to do so, he assumed a duty to ‘conform to the legal standard of reasonable care..."
The case is Ritchie v. Krasner, No. 1-CA-CV 08-0099.
A man injured his back while at work and his workers’ compensation carrier had him undergo an exam by someone it hired. The workers comp doctor reported that the man did not need further care and that he should have no work restrictions.
As a result, the employer terminated his benefits. However, the man’s condition worsened. In fact part of his spinal cord died and he developed a condition that caused constant pain. He took prescription pain and other medications to help him sleep and died of an accidental overdose.
His family sued the workers comp doctor - a jury found the doctor to be partially at fault. The doctor appealed, arguing that he owed the man no legal duty.
However, the Arizona Court of Appeals disagreed. “We … cannot envision a public benefit in encouraging a doctor with specific individualized knowledge not to investigate the symptoms of a cervical spine injury. We recognize the very real concern that imposing a duty on [the IME doctor] to practice reasonable care under the circumstances might create a chilling effect within the IME community. … [H]owever, ethical standards govern physicians, and they likely limit ‘the threatened flood of litigation’ to a ‘trickle.’ …
“We do not hold that every IME physician has a duty of care in every situation. In this case, [the IME doctor] was hired to determine the extent of [the decedent’s] work-related injury and make treatment recommendations. By agreeing to do so, he assumed a duty to ‘conform to the legal standard of reasonable care..."
The case is Ritchie v. Krasner, No. 1-CA-CV 08-0099.
Labels: doctors, medical malpractice, spine injury, workers compensation
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