Georgia Injury Law Blog

Up to a Quarter of All American Adults May Be at Risk of Drowsy Driving Car Accidents

robertkatz@mindspring.com (Robert Katz) — Tue, 08 May 2012 08:17:06 -0500

A new study indicates that lack of sleep and insomnia are huge health problems among American adults. According to the study which has been published in the medical journal The Lancet, as many as a quarter of all adults are not happy with the amount of sleep they get each night. In fact, approximately 10% of adults meet the criteria for full-fledged insomnia. The Atlanta car accident lawyers at our firm unfortunately see far too many serious vehicle accidents due to drowsy or distracted driving.

Researchers based their study on an analysis of previous scientific databases, and findings from major studies conducted on sleep over the past 5 years. They found several factors that indicated we need to increase awareness about the widespread nature of insomnia, and spotlight the consequences of insomnia.

Insomnia is associated with a number of health disorders. According to a report published in 2002, persons who suffer from insomnia are about twice as likely to suffer from congestive heart failure compared to persons who have healthy and normal sleep patterns. Additionally, these persons will be approximately 5 times as likely to suffer from depression or anxiety-related disorders. Persons who suffer from insomnia, according to the researchers, may also be at a high risk for substance abuse, and psychological disorders.

Those are not the only effects of insomnia. Studies have found that persons who suffer from insomnia may suffer from effects very similar to those of sleep deprivation. Sleep deprivation is different from insomnia. Sleep deprivation refers to a reduced length of sleep due to lower opportunity to sleep. However, insomniacs have an inability to sleep in spite of having the opportunity to sleep.

Researchers have found a number of effects arising from insomnia, especially an increased risk of accidents. Persons who suffer from sleep deprivation or insomnia will both be at a high risk for drowsy driving accidents. Persons who are surviving on much lesser sleep than they need are more likely to nod off at the wheel, especially when they're driving alone or for long distances, possibly increasing the risks of a serious single car accident.

Researchers have found evidence to indicate that cognitive behavioral therapy may help treat persons who suffer from insomnia. There have also been experiments with hypnotics to help treat persons who suffer from chronic insomnia. However, cognitive behavioral therapy may not be as easily available to persons who suffer from insomnia, although this kind of therapy has been found to show sustained benefits in treating persons with the condition. Researchers are calling for the development of other alternative methods to treat insomnia. These methods include support groups for insomniacs. Additionally, they are also calling for more patient-friendly and convenient methods of treating the disorder, like anti-insomnia medications. In the end, we all need to do what we can to reduce the number of driving drowsy accidents, and those that injury drivers, passengers, and pedestrians throughout Georgia. The car accident attorneys at our firm will continue to educate the public about this issue, while also providing skilled legal representation to those who have been involved in an accident.

Most Animal-Related Car Accident Injuries Caused by Evasive Maneuvers

robertkatz@mindspring.com (Robert Katz) — Mon, 07 May 2012 13:55:04 -0500

Most injuries that occur when an automobile is on a collision path with an animal on the road happen not when the car hits the animal, but when the car crashes following the near-collision or impact with the animal. Therefore, how a driver reacts when he is faced with a stray animal on the road is extremely important in determining the probably of a Georgia car accident.

The Washington Post spoke to a number of highway safety troopers around the country and came up with the following conclusions. When it comes to avoiding animal-related collisions, swerving may be much more dangerous than hitting an animal. Many troopers urge motorists to avoid sudden evasive maneuvers if you're not able to check for traffic beforehand. If you can make a safe lane change, do so. However, avoid swerving if you are unable to check your mirror and check for traffic.

If the animal is shorter than the hood of your car, and you have no time to change your lanes, then it is probably advisable to hit the animal. If the animal is taller than the hood of the car, then it is advisable to avoid the animal if possible. Unfortunately, very often when drivers are faced with a situation like this, they panic and make the wrong decision, which can lead to a single or multiple car accident.

According to the National Highway Traffic Safety Administration data, there were about 173 fatal accidents involving animals in 2009, which is the last year for which statistics are available. There were also about 12,000 car accidents resulting in injuries involving animals that same year. According to the insurance industry for Highway safety however, 1.5 million accidents involving deer occur around the country every year. These result in $1 billion in damages.

Much of the accident data reported by transportation safety agencies involves larger animals, and does not include accidents involving dogs, cats and small animals. That's because motorists are not required to report these accidents to police or insurance companies. However, the National Highway Traffic Safety Administration has conducted studies that found that about 77% of animal-related accidents involved deer. Cattle were involved in about 10% of accidents, while horses were involved in about 6% of the accidents. Dogs were involved in about 6% of the accidents.

The Atlanta car accident lawyers at the Katz Law Firm represent persons injured in auto accidents in the metro Atlanta region and across Georgia.

Risk of Infections from Bacterial Contamination of Pharmacy Robots -- Medical Malpractice Claims Likely

robertkatz@mindspring.com (Robert Katz) — Thu, 26 Apr 2012 09:36:57 -0500

An increasing number of hospitals around the country are making use of robotic drug dispensers that can prepare intravenous medications to be administered to patients, in a sterile environment. You don’t have to be an Atlanta medical malpractice attorney to know that when there is a risk of contamination of the intravenous medication, a patient could be at a high risk of infections. Contamination is exactly what researchers found when they inspected one of these robotic drug dispensers at a hospital.

The contamination was found by chance during a routine screening at Wake Forest Baptist Medical Center in North Carolina. Hospital staff were conducting an inspection of the robotic drug dispensing machine, and found to their shock that there were cultures of Bacillus cereus bacteria in the dispenser. The researchers believe that is the very first time that there has been a known contamination of these robotic drug dispensers.

Fortunately, the researchers were able to conduct an inspection, based on quality assurance measures that were developed by the manufacturer of the robot. The contamination was found before it resulted in dangerous infections. Atlanta medical malpractice attorneysknow just how serious any infections caused by the Bacillus cereus organisms can be.

These dispensers are used to prepare intravenous medications that are administered to patients through IV lines. Any contamination in the dispenser can therefore contaminate the intravenous drug, and this medication, including the germs, can be delivered directly into the person's bloodstream.

This increases the risk of the patient suffering severe bloodstream infections. These are extremely deadly infections that have high fatality rates. Persons who suffer from blood stream infections could develop pneumonia and sepsis, and the symptoms could begin to worsen quickly.

The researchers began an analysis into why the robotic drug dispensers were contaminated, and found that the manufacturer’s cleaning and sanitization guidelines were inadequate. They found that the contamination of the dispenser was linked to the washing station, and tubing. This part of the robot is not considered a sterile section, and therefore, the manufacturer did not give any instructions about the inspection of the washing station and tubing. The manufacturer however, did recommend regular cleaning with alcohol to sterilize inaccessible parts. However, as this contamination shows, these practices may not be sufficient to adequately sterilize the dispenser.

Medical technology companies are introducing a number of devices that make healthcare processes more efficient, and save resources. However, many times, these products are introduced into the market without proper research, and testing. Patients are possibly at risk of medical injuries and infections when manufacturers don't include the instructions of sterilization, and maintenance of these devices.

The Atlanta medical malpractice attorneys at the Katz Law Firm represent persons injured due to the negligence of doctors, nurses, technicians and other health care professionals in the Atlanta region and across Georgia. If you have been injured due to the negligence of a medical professional, speak with an experienced Atlanta medical malpractice lawyer at our firm.

Nursing Home Resident Killed in Fight, Nursing Home Abuse Lawsuit Likely

robertkatz@mindspring.com (Robert Katz) — Thu, 22 Mar 2012 07:09:24 -0500

A state report blames a nursing home that failed to supervise two residents who had a history of altercations with each other, for a fatal fight that killed one of the residents. Unfortunately, nursing home abuse situations often arise due to inadequate supervision of residents and/or inadequate training of staff to evaluate the potential for resident-on-resident attacks. As nursing home abuse attorneys know, these attacks can often turn deadly.

Atlanta nursing home abuse lawyers have known for a long while that Georgia struggles with providing a safe environment for nursing home residents. In 2002, a report by the American Medical Association found that nursing home abuse problems in Georgia were at crisis levels. In fact, during this period of time, nursing home abuse claims in the state rose not just in frequency, but also in the severity of injuries involved.

Often, elder abuse in nursing homes can be traced to a shortage of staff. Many nursing facilities deal with low reimbursement rates by cutting back on staff numbers, and therefore, eroding the quality of care. As a result, there are fewer numbers of staff members to pay individual attention to senior residents, many of who are in delicate health.

The decision to place a loved one in a nursing home is a difficult one. However, family members must ensure that they visit their senior citizens at the nursing home as often as possible, and must make sure that their loved one is being looked after well.

The incident occurred at a nursing home in Chicago, and the investigation was completed by the Illinois Department of Public Health. The victim, 80-year-old Anibal Calderon was involved in a fight at the nursing home on February 14. Nurses heard loud screaming from his room, and rushed to the room to find the 88-year-old Calderon on the ground, bleeding from his head. A 66-year-old resident stood beside him.

Calderon died of his injuries 2 days later. According to the local medical examiner's office, the cause of death was homicide. The other resident has not yet been charged.

According to nursing home records, staff at the nursing home had enough information to indicate that both men had become increasingly prone to worrisome behavior. For instance, both men had been found wandering on several occasions, and were frequently given to verbal outbursts. They also showed signs of forgetfulness, and symptoms of an aggressive disorder.

When nursing home staff became aware of these problems, they should have taken all steps to address these issues. Efforts should have been made to supervise and monitor both the men. No such efforts were made. As a result, staff members were not on hand to prevent the altercation that resulted in Calderon’s death.

According to a report by the state Department of Public Health, the nursing home did not have any established policy to address physically aggressive behavior by inmates. As a result, the staff at the facility was ill-equipped to deal with aggressive behavior by inmates.

The Atlanta nursing home abuse lawyers at the Katz Law Firm represent inmates who have been injured or family members of those killed as a result of nursing home abuse or negligence.

FDA's Poor Oversight of Disposable Wipes Makers Poses Safety Risk to Consumers - Product Liability Claims Likely

robertkatz@mindspring.com (Robert Katz) — Tue, 07 Feb 2012 09:38:00 -0500

The Food and Drug Administration has failed in its responsibility to maintain oversight over companies that manufacture disposable wipes. As a result, sanitation and hygiene standards at these facilities have dropped, and the result has been several fatalities and infections across the country caused by contaminated wipes. An investigation by the Milwaukee-Wisconsin Journal Sentinel found poor hygiene standards at a facility operated by yet another Wisconsin-based company that manufactures wipes.

Product liability claims are likely from any serious infection or wrongful death which arises due these wipes. A personal injury arising out of a serious infection often results in long-term hospitalization and continuing issues for the individual. Product liability claims which arise out of the improper manufacturing of a product can be very difficult to prove. However, personal injury lawyers have developed a variety of techniques of attacking these types of cases. The work of government agencies is often an important component in establishing civil liability in these matters.

That company, Rockline Industries manufactures baby wipes and other wipes that are used in hospitals and homes. According to the investigation, at least 5 years ago, employees of the company acting as whistleblowers wrote a letter to the Food and Drug Administration warning that thousands of contaminated wipes were being manufactured at the company's Arkansas facility. The whistleblowers alleged that the company was aware of the contamination of these wipes, but failed to take action, and continued to ship these wipes across the country.

In 2006, an investigator from the Food and Drug Administration arrived at the facility, and found shockingly unsanitary conditions. These conditions included poor sanitation standards and shoddy product testing. The inspection was triggered after consumers began complaining about the moldy odors on some of the wipes, as well as the presence of foreign objects, including blades and even a dead cockroach.

Later that year, Rockline announced a recall of the wipes. The recall included approximately 20 brands manufactured by the company. According to tests conducted by the Food and Drug Administration, the wipes were contaminated with a bacterium called Burkholderia cepacia. This is a potentially dangerous bacteria especially to persons who have weakened immune systems. The levels of bacteria found on the wipes were as much as thousands of times higher than any healthy immune system can handle.

However, the Food and Drug Administration was satisfied enough with the recall, and took no further enforcement action against the company. Rockline is the 2nd Wisconsin-based company that has been involved in the contaminated wipes scandal. The first company was Hartland-based Triad Group, which was forced to recall millions of contaminated alcohol prep pads and wipes last year. The Food and Drug Administration has so far received at least 11 reports of deaths that were caused due to the contaminated wipes manufactured by Triad Group. Hundreds of illnesses have been reported from the contaminated wipes. A New York-based company has also recalled alcohol prep pads and wipes because of bacterial contamination.

Alcohol prep pads, wipes and other such hygiene products are used across the country, and are very popular. These are very often sold as part of home kits too. The Food and Drug Administration has failed to factor in the growing popularity and use of these products. The agency needs to conduct regular inspections of facilities that manufacture these wipes, and has consistently failed to do so.

The Atlanta product liability attorneys at the Katz Law Firm represent persons injured due to the use of defective products in the metro Atlanta region and across Georgia.

Company Recalls Dining Tables Due to Personal Injury Risks

robertkatz@mindspring.com (Robert Katz) — Mon, 06 Feb 2012 09:26:37 -0500

A California-based company and the Consumer Product Safety Commission are announcing a recall of dining tables, because of the risk that the tables could collapse, injuring consumers. As any personal injury attorney who has handled a collapsing table or chair case can attest, the injuries from this type of incident are more significant than they may first appear. For instance, consider the possibility of a small child sitting at a table that collapses. The weight of the table could easily seriously injure or kill the child.

For adults, the risk of a collapsing table relates more to a leg or knee injury. If the heavy wooden table were to collapse on an individual’s knee, then there is a significant potential for a knee replacement surgery. It is good that the company has taken the issue seriously and is recalling the tables. They will very likely avoid a number of product liability claims.

The table, the Dover Dining Table is manufactured in China and imported by West Elm, a division of Williams-Sonoma of San Francisco, California. According to the Consumer Product Safety Commission, West Elm is recalling approximately 830 dining tables in the United States. In Canada, 10 tables are being recalled. The recall is linked to a potential defect that could cause the wooden base of the table to collapse. This can cause the glass top to fall, posing serious injury hazards to consumers seated at the table.

The company is aware of at least 14 reports in which the tables collapsed or broke, and in at least one incident, a consumer suffered leg injuries. The dining table consists of a tempered glass top and a brown wooden base. The tables have the words West Elm and SKU: 2188233 printed on the underside of the center beam. The tables were sold at West Elm stores, as well as online stores between July 2011 and October 2011 for about $500.

Consumers who have the dining table should contact West Elm to receive full store credit. They are also advised to contact West Elm toll-free at 855-369-4335 for more details. The Consumer Product Safety Commission is asking consumers who own the tables, and have been injured and experienced any collapse incidents in their own homes, to report these incidents to the agency.

Furniture-related accidents are not as unusual as people may think. People are injured in furniture-related accidents in the home every day. According to the Consumer Product Safety Commission, furniture tipover-related injuries are on the rise in spite of the best efforts of the agency to increase awareness about these injury risks. The agency says that approximately 1 child is killed every 2 weeks in a furniture-related accident. Also, tens of thousands of people are injured every year in these accidents.

Between 2000 and 2010, the Consumer Product Safety Commission says that it received reports of 245 furniture-related fatalities. These fatalities involved children below the age of 8. Out of these, approximately 90% involved children below the age of 5. In more than 50% of the fatalities, the child was killed from crushing injuries from the weight of the piece of furniture or appliance that toppled on them. In most cases, the cause of the fatality was a serious injury to the head. Televisions were the most common appliances that were linked to tip over-related accidents.

Apart from televisions, toy chests, dining tables, dressers, bureaus and other solid furniture can also be involved in accidents. Last week, Pottery Barn Kids recalled bed canopies because these were at risk of collapsing, posing injury risks to consumers, especially children.

The Atlanta product liability attorneys at the Katz Law Firm represent persons injured due to the use of defective products in the metro Atlanta region and across Georgia.

GOHS App to Help Prevent Drunk Driving Car Accidents in Georgia

robertkatz@mindspring.com (Robert Katz) — Sun, 05 Feb 2012 06:47:24 -0500

Getting home safe when you are under the influence of alcohol should be much easier for Atlanta motorists. The Georgia Governor’s Office of Highway Safety has released a smartphone app that is meant to help drivers find a sober ride home after their New Year's celebrations. Some of the worst auto accidents seen in the office of a personal injury lawyer involve drunk drivers. Inevitably, these car accidents result in the most serious types of personal injury and very often involve a wrongful death.

The New Year's Eve holidays typically see large numbers of serious and fatal accidents involving intoxicated motorists. The alcohol flows freely over New Year's, and according to some statistics, more drunk driving take place during this holiday than any other holiday of the year. This year, the Georgia Governor’s Office of Highway Safety issued technology to reach out to motorists, and help them get a safe ride home.

The Governor’s Office of Highway Safety collaborated with a number of safety partners to compile a list of sober ride programs that intoxicated motorists were able to access to make sure that they reach home safe on New Year's. The list of programs was compiled and made available as a smartphone application. The application is called Drive Sober Georgia. You can still download the application on your iPhone or Android phones.

All people have to do to get a safe and sober ride home is use this app, and it'll guide you through the process. No matter where you were in Georgia this past New Year's Eve, you could access the application to find a safe ride home, like the Tow-to-Go program by the AAA, which allows motorists to get their cars towed home safely.

The app can be used not just by the intoxicated motorist looking for a ride home, but also party hosts who want to make sure that their guests reach home safely. Atlanta car accident lawyers encourage people who go out in groups to designate a sober driver to take everyone home. Having a “designated driver” is the key the safety when you are out driving. Unfortunately, staying sober is easier said than done, and a sober driver may end up having a few drinks and not be a position to drive people home. Party hosts can be more responsible, and use the app to find a safe ride home for guests. If you hosted a party this past New Year's Eve, this app may be something that you should look into if you plan to have another party next year.

If your guests go off driving under the influence, they may change forever the lives of another person or family as well as their own life if they are in a drunk driving accident. In addition, their chances of being arrested for DUI increase significantly because of increased law enforcement activity during this period of time. The Drive Sober or Get Pulled Over campaign is currently underway across Georgia, and is specifically targeted at pulling intoxicated motorists off the road.

The Atlanta car accident lawyers at the Katz Law Firm represent persons who have been injured in automobile accidents in the metro Atlanta region and across Georgia. If you have been injured in an accident, speak with a car accident lawyer at our firm

ProPublica Exposé Reveals Nursing Home Abuse Related Deaths Rarely Investigated

robertkatz@mindspring.com (Robert Katz) — Sat, 04 Feb 2012 10:02:43 -0500

According to a new exposé by ProPublica, an unknown number of senior citizens who die in nursing homes around the country may have died due to nursing home abuse. However, their families may never know because investigations into such a wrongful death are rare. Nursing home abuse attorneys are well aware of the serious nature of the problem. When investigating these matters, we often find that the nursing home has been active in trying to cover up the abuse, rather than conducting an honest investigation which uncovers the issue and provides useful information to improving the care they provide.

As part of the exposé, the team at ProPublicainvestigated coroner and medical examiner’s office records, and looked at the number of sudden and unusual fatalities at several nursing homes. They found in their investigations that in cases involving seniors who die suddenly, or under any kind of suspicious circumstances, there is no guarantee of any investigation into the death. ProPublicahas reached several conclusions that point to systemic flaws.

For instance, when a senior death is reported as natural, coroners and medical examiners very rarely investigate it. However, the fact is that very often, doctors make errors in judging whether a death is natural or not. In one study conducted in 2008, approximately 50% of doctors were not able to correctly identify the cause of death for an elderly patient who had died after a brain injury that occurred as a result of a fall accident. What this means is that an unknown number of deaths in nursing homes are probably being classified as natural deaths, when they are anything but.

Also, in many states, doctors are allowed to write out a death certificate without even seeing the body. In one case that the ProPublicateam came across during this investigation, a Pennsylvania doctor reported that a 83-year-old person had died of natural causes, when in fact, the death had been the result of beating by nursing home staff. The doctor never saw the patient, and never noticed the bruises on the man's body, that would've alerted him to the fact that this was not a natural death.

Additionally, autopsies of senior citizens have become increasingly rare in the country. According to government statistics between 1972 and 2007, the share of autopsies being performed on senior citizens dropped from 37% to 17%.

All this means that too many suspicious, unnatural deaths in nursing homes are probably not being investigated and not being reported. The persons responsible for the negligence or neglect that resulted in these deaths are also not being held accountable for their actions.

ProPublica’sfindingsare even more concerning when you consider that the baby boomer population is aging rapidly, and is expected to soon enter its 70s. Nursing homes in Georgia and around the country are likely to operate at full capacity, as families and caregivers look for homes for aging loved ones. From this report, it seems that there are too many flaws in the current system to handle an increase in the population of senior citizens in nursing homes.

The nursing home abuse attorneys at the Katz Law Firm represent persons who have been injured, or family members of persons who have died as a result of nursing home abuse in the metro Atlanta region and across Georgia.

Decline in Georgia Car Accident Deaths in 2010

robertkatz@mindspring.com (Robert Katz) — Fri, 03 Feb 2012 09:58:23 -0500

Car accident death rates in Georgia seem to have mirrored the nationwide drop in traffic accident deaths in the year 2010. Highway safety officials in Georgia recorded a substantial drop in accident fatalities in the state for the 5th successive year. Most personal injury lawyers have not really seen that significant level of a drop in their wrongful death cases. That is likely due to the fact the decrease has come through improvement of roadways. Very few wrongful death cases caused by roadway defects are actually litigated.

According to the National Highway Traffic Safety Administration and the Georgia Department of Transportation, a total of 1,244 people died in car accidents in Georgia last year. That was a drop of 3.7% from the previous year, or 48 fewer fatalities. In 2009, the number of people killed in auto accidents was 1,292. The number has been dropping steadily since 2006.

To understand the kind of progress that has been made in keeping motorists safe on Georgia roads, consider this - in 2005, there were 1,744 deaths in traffic accidents in Georgia, compared to 1,244 in 2010. In just 5 years, transportation safety agencies and law enforcement in Georgia have been able to reduce the number of people being killed in preventable traffic accidents.

What's more, there may be more good news as 2011 winds up. According to Georgia transportation safety officials, the number of people killed in traffic accidents in 2011 is likely to be lower than the number last year.

According to the Georgia Department of Transportation, this decline in traffic accident deaths in Georgia is in large part due to the state’s highway safety plan. As part of this highway safety plan, the Georgia Department of Transportation has made improvements to highways and roads across the state, in order to make them safer. There's also been a lot of focus on enforcing traffic safety rules, especially those involving drunk driving. Overall nationwide, there has been a substantial decline in the number of drunk driving-related car accident deaths. This is another trend that has been evident for the past few years. Much of the credit for this decline should go to law-enforcement agencies that have been doing a stellar job of pulling intoxicated motorists off the road.

Georgia's laws against texting while driving are fairly new, but are also being enforced. It's still too early to tell how many of those 1,244 fatalities that occurred in Georgia last year were the result of distracted driving. However, last year, a total of 3,092 fatalities nationwide were linked to distractions at the wheel.

Atlanta car accident lawyers believe that for more progress to be made in keeping motorists and passengers safer, and reducing traffic accident numbers further, authorities in Georgia need to be cracking down harder on cell phone use while driving. Georgia's texting while driving laws are still fairly new, and we still see far too many people texting while driving. In fact according to the National Highway Traffic Safety Administration, the use of handheld devices while driving is on the rise around the country. There's no reason to believe the situation is very different in Georgia.

The Atlanta car accident lawyers at the Katz Law Firm represent persons injured in car accidents in the metro Atlanta region and across Georgia.

Georgia Appeals Court Overturns Yamaha Rhino Injury Verdict

robertkatz@mindspring.com (Robert Katz) — Wed, 01 Feb 2012 10:00:23 -0500

The Georgia Court Of Appeals has reversed a jury verdict in favor of a Yamaha Rhino rider, who suffered a serious personal injury during an off-road vehicle accident. The victim, a gravedigger from Georgia had been riding his Yamaha Rhino off-highway vehicle when the vehicle flipped over. He suffered serious leg injuries.

A court had ordered Yamaha to pay damages of $317,000. However, the Georgia Court of Appeals has now reversed the verdict. According to the appeals court's decision, unlike a car accident, the victim had assumed the risk of injuries when he purchased the off-road vehicle in 2006. With this and to the dismay of many personal injury lawyers, Yamaha's unblemished Rhino injury lawsuit record continues. The company has continually won lawsuits arising out injuries and fatalities resulting from accidents involving its off-road vehicle. However, the company has also entered into undisclosed settlements with several injured people, so the unblemished track record isn’t that clean. Those settlements are confidential, however.

The Yamaha Rhino was introduced in 2003, and quickly became popular among a growing generation of off-road vehicle fans. These off-road vehicles are different from all-terrain vehicles, in that they do include some additional safety features like safety belts. However, consumer safety groups soon found that the Yamaha Rhino was linked to a number of accidents ending in injuries. Some of the injuries that have resulted from these off-road vehicle accidents have been severe. Yamaha Rhino riders, who were caught or trapped when the off-road vehicle flipped over, have suffered from severe crushing injuries, and arm and leg injuries. There have also been amputations and severe limbs. The Rhino weighs about 1,100 pounds, and any accident that results in the vehicle flipping over and landing on a person, can cause serious injuries.

The number of persons filing lawsuits against Yamaha over the Rhino off-road vehicle has increased. The lawsuits claimed that the Rhino is inherently defective. The off-road vehicle is susceptible to rollovers even when it was traveling at low speeds. Even Yamaha Rhino riders who were riding their off-road vehicle on relatively flat roads were injured in accidents. Additionally, the vehicle offered no protection against crushing injuries or amputations when limbs were trapped underneath the vehicle. Yamaha responded to criticism by saying that its vehicles were safely designed, and that these accidents and injuries were the result of riders’ failure to follow all safety instructions and use the vehicle according to manufacturer specifications.

However, under pressure from the Consumer Product Safety Commission, Yamaha has modified the design of the Rhino. It has included aids on the Rhino to keep riders’ legs and feet inside the vehicle. In 2009, Yamaha launched a free repair program that removed the sway bar, and placed doors on Rhinos that did not have doors.

The Atlanta product liability attorneys at the Katz Law Firm represent persons injured by the use of defective products in the metro Atlanta region and across Georgia. If you have suffered injuries from the use of a defective product, speak with a product liability attorney at our firm.

Investigations into Atlanta Machinery Accident Begin - Workers' Comp. Claim Likely

robertkatz@mindspring.com (Robert Katz) — Mon, 30 Jan 2012 09:07:31 -0500

Federal investigation officials are investigating a workplace accident in Atlanta, in which 2 people were killed after the piece of equipment they were working on, collapsed. Of course, family members of the persons who were killed are emotionally devastated. Unfortunately, as workers’ compensation attorneys know to well, Georgia’s worker’s compensation system is unlikely to provide the families with the level of financial assistance they need to move forward with their lives.

The accident occurred near midtown Atlanta, where the 2 men were working on a mobile lift in a 40-foot bucket. At some point, the lift became stuck. The men had been working on the exterior of an apartment building when the lift became stuck. As the workers attempted to move the lift, it collapsed on a concrete walkway. The 2 men were flung onto the ground, and sustained serious injuries. They were taken to the Grady Memorial Hospital, but succumbed to their injuries later. The victims included a 29-year-old man and a 42-year-old man. According to the Fulton County Medical Examiner's Office, the 2 men died from injuries they sustained in the fall.

The Occupational Safety and Health Administration has begun an investigation into the accident. The lift was at a height of 40 feet, but the 2 men were not crushed by the machinery when they fell.

Heavy equipment accidents can include all types of heavy machinery, including cranes, forklifts, trucks, compactors, backhoes, and bulldozers. Many of these accidents are caused because workers have not been trained to use the equipment properly. Additionally, accidents can be avoided if workers are supervised during operations.

When a person operates heavy construction or industrial equipment, those operations must be governed by proper safety procedures. If safety procedures have not been established, workers are at a high risk of being involved in an accident. Additionally, workers must communicate with other workers in the vicinity in order to avoid accidents. Whenever a worker operates heavy machinery, pedestrian workers in the neighborhood may be at risk of injuries, and worker communication can help mitigate these risks.

Often, workers are at a risk of accidents because of defective equipment. A piece of equipment that has a defective component is more likely to malfunction, causing injuries. Besides, equipment also needs to be maintained regularly in order to avoid accidents. Machinery that requires repairs must be kept aside, or removed from service until it has been fixed. Employers who fail to do so could be placing their employees at risk of injuries. Equipment may also be a risk to workers if it has been heavily loaded or overloaded. For instance, overloaded cranes or forklifts can be a serious safety hazard to workers to workers nearby.

Equipment that has been placed in an unsafe area, like near high-tension power lines, or near holes and other obstacles, may also increase the risks of injuries to workers. In many of heavy equipment-related accidents, workers may suffer catastrophic injuries like brain injuries, amputations and crushing injuries.

The Atlanta workers’ compensation lawyers at the Katz Law Firm represent workers who have been injured in industrial or workplace accidents in the metro Atlanta region and across Georgia. If you have been injured in a workplace accident, speak with a workers’ compensation attorney at our firm.

Atlanta Roofing Contractor Cited for Fall Hazards -- Workers' Comp Claims Likely

robertkatz@mindspring.com (Robert Katz) — Thu, 26 Jan 2012 05:31:21 -0500

A roofing company in Atlanta has been cited for failure to protect workers from fall hazards after an inspection by the Occupational Safety and Health Administration. One of the significant causes of workers’ compensation claims are fall hazards. Workers’ comp attorneys regularly see claims involving significant personal injury arising out of fall incidents. The inspection and action by OSHA will likely prevent serious injuries to the workers on this job site. The company, Midsouth Steel Inc. of Atlanta is likely to face penalties of more than $184,000.

Occupational Safety and Health Administration inspectors found fall hazards during inspection of roofing work being performed at a site on Roosevelt Highway in Union City. The company had been constructing a recycling facility in Union City. According to the Occupational Safety and Health Administration, the inspection was part of a local program to protect workers in the construction industry from fall accidents.

Inspectors found at least three willful violations, including exposure of the workers to fall hazards by allowing them to work at heights of 35 feet without requiring any fall protection, exceeding the load capacity of the aerial lift, and failure to provide for protection for all employees working on a steep roof.

According to the Occupational Safety and Health Administration, the company Midsouth Steel Inc. knowingly exposed workers to fall hazards because they were more concerned with getting the job done faster than safety considerations. The company has been placed in the agency’s Severe Violator Enforcement Program, which means that the agency is likely to conduct follow-up inspections of the company’s sites to make sure the company is complying with the law. The company faces fines of approximately $184,800.

Some of the most serious fall hazards that Atlanta workers’ compensation lawyers come across exist in the construction industry. Construction workers have some of the highest risks of fall accidents, and these hazards kill and injure hundreds of workers every year. Accidents can occur when workers are working on scaffolding, and have not been provided safe guardrails along all open sides and ends of the platforms. They can occur because scaffolding is not erected properly or is unstable. They can occur because workers have not been provided fall protection gear when they're working beyond a certain height. Workers who have not been trained to use fall protection gear effectively are more susceptible to fall accidents.

According to the Occupational Safety and Health Administration, an average of 362 fall accident deaths occurred every year between 1995 and 1999. Fall deaths account for approximately one third of all fatalities in the construction sector. The Occupational Safety and Health Administration has strict rules governing protections for construction workers, including those related to fall hazards.

Construction workers who have been injured in workplace accidents, including scaffolding collapses and accidents, trench collapses, electrocutions and fall accidents are eligible for compensation under Georgia's Workers Compensation laws. Workers do not have to prove that anybody was responsible for their injuries, in order to be eligible for workers’ compensation. However, if the injury was caused by a third-party, like the manufacturer of a defective tool or product, then the worker may be able to file a third-party lawsuit.

Distracted Medical Professionals Are a Patient Safety Risk and result in Medical Malpractice Claims

robertkatz@mindspring.com (Robert Katz) — Tue, 24 Jan 2012 05:44:04 -0500

Doctors and nurses now have access to smart phones and other gadgets that help them in their work. Doctors can refer to smart phones to easily access the Internet, or access patient data. However, the increasing use of electronic communication devices in hospitals has also meant an increasing number of distractions that could possibly harm patients. A significant number of medical malpractice claims arise out of a failure of medical professionals to closely monitor a patient’s condition. All medical malpractice attorneys have seen incidents in which a doctor who is very competent misses a change in a patient’s condition that, while easily addressed if caught early, results in catastrophic problems when left unchecked. It appears clear now that some of the incidents are likely the result of distractions caused by electronic devices.

According to this report, the risk of distractions from the use of electronic gadgets is so great that many hospitals have begun to limit their use altogether. Medical schools have also begun teaching students to focus on caring for patients, instead of relying on devices. However, the fact is that more and more medical students now are armed with devices that equip them with information that can increase patient safety. These measures have come after a number of incidents reported from around the country in which doctors, nurses, technicians and other personnel were found to be distracted using their devices for personal uses.

In one incident, a nurse was found researching airline fares during a spinal surgery procedure. Doctors have also been found using their cell phones to have personal conversations while performing procedures. Needless to say, none of this enhances patient safety, and actually increases the risks of medical errors. The Institute of Medicine in its path breaking report To Err Is Human in 1999, found that more than 90,000 patients die every year as a result of medical errors. Hospitals have been investing in reducing medical errors, and unfortunately, electronic gadgets seem to increase those risks.

It's not only doctors and nurses who are distracted by the use of gadgets like smart phones. One study found that close to half of all medical technicians in charge of bypass machines texted during procedures, while more than half of them talked on the cell phone during procedures. Cardiac procedures are incredibly complex and sophisticated procedures that need all personnel in the room to be focused 100%. Atlanta medical malpractice lawyers are therefore very concerned about the growing influence of cell phones, iPads, computers and other devices on concentration and attention in hospitals.

There's a fine line to draw here. There's no denying that the use of i-Pads, computers and smart phones helps increase access to patient information, and allows staff to conduct urgent research on the Internet. When computers are introduced into healthcare, it does lead to greater accuracy and reliability. However, there are also great risks when these devices are misused or abused by doctors and nurses. Hospitals that have invested in making electronic communication devices available to all medical personnel also need to invest in training these personnel to use these devices safely. There must be strict restrictions on the use of devices for personal uses inside the hospital.

The Atlanta medical malpractice lawyers at the Katz Law Firm represent persons who have been injured or families of persons who have been killed as a result of medical negligence in the metro Atlanta region and across Georgia.

Even As Car Accident Wrongful Deaths Drop, Increase in Pedestrian Wrongful Deaths

robertkatz@mindspring.com (Robert Katz) — Tue, 17 Jan 2012 09:21:28 -0500

In 2010, there was a record drop in auto accident deaths from the previous year. However, the number of people dying in pedestrian accidents actually increased.

Last year, 32,885 people died in auto accidents across the United States. That was a drop of 2.9% from 2009. These were the lowest traffic accident death numbers on record since 1949. These accident fatality numbers have declined even as the number of miles being driven by American motorists increased in 2010. In fact, there was a drop in almost all categories of car accident deaths last year, including drunk driving accidents.

However, pedestrians were not safer in 2010. Pedestrian accident deaths actually increased last year by about 4.2% from 2009. Further, the number of persons who suffered a personal injury in pedestrian accidents in the United States increased by a staggering 19 %. Overall, more than 70,000 pedestrians were injured in accidents last year. That increase is puzzling considering that it comes after 4 straight years of declining pedestrian accident death numbers in the US.

Federal transportation officials do not have any explanation for this increase in pedestrian accident fatality numbers. However, the data is still new, and we may have more answers in the months ahead. There are some theories about the reasons for this increase. According to Transportation for America, a pedestrian advocacy organization, there has been an increase in the number of people walking and biking to work in recent months. However, even though there has been an increase in the number of pedestrians, safety conditions have not really improved.

Most pedestrian safety concerns can be linked to poor road design that does not factor in the safety concerns of pedestrians. Many regions in the country have also experienced a movement of low-income groups and immigrants into suburban areas. This has meant an increase in the pedestrian population in suburban areas that have been primarily designed for automobiles.

There's also some speculation that an increase in pedestrian distractions is also contributing to increasing accident numbers. However, Atlanta pedestrian accident lawyers find that hard to believe. There seems to be little evidence to indicate that there has been any increase in pedestrian distractions, like cell phone use while walking.

Unfortunately, this particular area of traffic safety seems to suffer from a lack of research. There is very little solid data available about pedestrian and motorist behaviors as far as pedestrian safety is concerned. However, there are some details that are accepted as fact. For instance, drunk driving seems to be a major factor in pedestrian accidents. According to the National Highway Traffic Safety Administration, in 2009, approximately 40% of all pedestrian accident deaths in the country were caused by drunk drivers. Atlanta pedestrian accident attorneys expect safety initiatives in the months ahead to focus on both distracted driving and drunk driving involving both pedestrian and motorists.

The Atlanta pedestrian accident lawyers at the Katz Law Firm represent pedestrians who have been injured in accidents in the Atlanta region and across Georgia.

Winter Car Accident Risks Affect Male and Female Drivers Differently

robertkatz@mindspring.com (Robert Katz) — Mon, 16 Jan 2012 22:02:37 -0500

Every Atlanta car accident lawyer knows that a motorist’s risk of being involved in auto accidents spikes in winter driving conditions. However, a new study finds that those risks affect male and female drivers differently. The study by researchers at Purdue University finds that men are much more likely to be involved in accidents in icy or snowy weather conditions.

The study finds that men over the age of 45 are much more likely to be involved in an accident when the road is covered with ice or snow. Further, those accident risks involving men seem to increase when the men are older and are driving pickup trucks. According to the researchers, this could be due to a false sense of security that pickup trucks provide. People driving pickup trucks, sport utility vehicles or other larger vehicles are likely to feel safer and protected, and therefore, may be more likely to drive aggressively on snowy roads. They may not realize that a larger size vehicle does not necessary protect you more on icy roads when a vehicle is at a high risk of a rollover.

The study also finds that men below the age of 45 are more likely to be involved in serious accidents on dry roads. That would again be an indicator of overconfidence in young men. Female drivers were found to be much more likely to be involved in accidents on rain-covered roads. This susceptibility to accidents on roads made wet by rain affected female motorists of all age groups. According to the researchers, this could be because female drivers fail to sense lower friction on a wet road. Younger men had a 21% higher risk of being involved in a serious accident on a dry road than on a wet road. These men were 72% more likely to be involved in an accident on dry roads than on snowy roads.

The researchers are recommending a public service announcement campaign that would alert motorists to the dangers of driving on snowy or icy roads in the weeks ahead. Many motorists suffer from a false sense of security because of the electronic stability control systems in their automobiles. More vehicles now come with these safety systems. Automakers have done a great job of promoting the electronic stability control systems, a fact that Atlanta car accident lawyers have approved. After all, electronic stability control systems have contributed to a reduced risk of rollover accidents involving sports utility vehicles, pickup trucks and minivans. However, electronic stability control systems are not foolproof. They do have limited efficacy, especially when a vehicle is traveling on a road that has been made wet by rain, snow or ice. A person whose car comes with electronic stability control may feel safe, and may drive at high speeds causing an accident.

The Atlanta car accident lawyers at the Katz Law Firm represent persons who have been injured in car accidents in the metro Atlanta region and across Georgia.