Articles Posted in Negligence

In a recent case before a Georgia appeals court, the court considered whether children’s exposure to a traumatic boating accident was sufficient to recover emotional damages.

The Facts of the Case

According to the court’s opinion, a family rented a boat while they were vacationing at Lake Burton in Rabun County, Georgia. They took the boat out on the lake, and when the uncle made a turn, the boat hit its own wake and water spilled into the bow of the boat, where the children were seated. One of the children, who was seven years old, either jumped from the boat or was washed from the boat. The uncle put the boat in reverse, and after he stopped the engine, realized that the seven-year-old was missing, and found him entangled in the propeller. The child died as a result of his injuries. The boy’s parents, as well as the children in the boat, filed a claim against the boat manufacturer and others for negligence.

The court considered the plaintiffs’ claims as claims for negligent infliction of emotional distress. The boat manufacturer moved to dismiss the claims, and after its motion was denied, appealed to the Georgia court of appeals. The issue before the court of appeals was whether water swamping a boat may constitute a sufficient physical impact under Georgia’s impact rule.

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The Georgia Court of Appeals recently issued an opinion concerning a car accident case in which the plaintiff claimed he was injured after a controlled burn was negligently executed. The plaintiff filed a personal injury suit against a corporation after a truck in which he was riding as a passenger collided with a fallen power cable in the road.

The plaintiff alleged that the corporation, which operated a quail hunting reserve, was negligent in conducting the controlled burn on its property. The corporation conducted controlled burns each spring to prevent hazards and improve quail habitats.

Evidently, shortly after the defendant initiated a controlled burn, an employee came across a burning area near a power pole. The employee believed that the fire had spread from the controlled burn area and extinguished it. The next morning, the plaintiff, a passenger in a truck, came across a wire hanging across the road. The wire caught the back of the truck and caused the driver to lose control, resulting in an accident.

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In a recent case, a Georgia appeals court determined a gas company was not responsible for a home explosion after the company’s employee left a warning card about a leak for the homeowner, and the homeowner disregarded the instructions on the note, causing an explosion. In November 2010, an explosion occurred in a detached apartment on the homeowner’s property. The owner had turned off the natural gas to the apartment and to his house because no one was living in the apartment and because he was not using it in the house. The owner then rented the apartment to a co-worker and asked the natural gas company to turn the gas back on.An employee from the gas company came over, unlocked the meter, and turned the gas on. When he did so, he saw that the meter showed there was a leak in the fuel line or an open line, so he turned the gas back off. He did not lock the meter. He did not know at the time there was an apartment behind the house. He left a warning card at the house that explained the meter could not be turned on until a leak had been fixed. The employee noted on the card that the meter was off but was unlocked for a plumber.

The owner’s stepson’s girlfriend was home at the time and signed the warning card. The employee also said he left a card on the meter, although the owner said he did not see a card when he returned home. The owner explained that he saw the warning card but did not understand that he had a leak. The owner then asked a friend, who had done odd jobs for him in the past, to come turn his gas on. A couple of days later, the coworker moved into the apartment along with a friend. He ignited a lighter to light an incense, and there was an explosion that set the apartment on fire. The coworker and his friend were hospitalized for burns.

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If you’ve been injured by a drunk driver, you probably have several questions about what your options are and what your next steps should be. At McAleer Law, our experienced DUI injury attorneys handle cases like this all the time, and are ready to answer any of your questions. First, check out this guide to the types of compensation you may be eligible to collect. Call us today at 404.MCALEER if you have more questions or to schedule a free review of your case.

Monetary Costs of DUI Cases

What types of fines are associated with DUIs?

According to the National Highway Traffic Administration, individuals are involved in car accidents every minute, and 5.25 million driving accidents occur annually. You may be innocent of causing an accident but are involved in one nonetheless. Does every car accident require involved parties to hire a lawyer? Find out when a lawyer can make a difference in your car accident case.

Where Does Your Situation Land?

Property Damage- Generally speaking, if the accident only involved damage to your vehicle and personal effects and does not involve personal injuries, you will not require the assistance of a legal representative. The opposing insurance adjuster will come to a settlement with you. You are entitled to:

If you rely on prescription medications to treat or manage a health condition, making sure you receive the correct medication and dosing information is crucial. Pharmacy prescription errors have resulted in hospitalizations and even fatalities for thousands of people in the US. In fact, the Institute of Medicine states that more than 7,000 Americans die each year due to medication errors. The FDA has also received close to 30,000 voluntary reports of these errors since 1992.
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Daycare abuse is a parent’s worst nightmare, and many of us just can’t believe that our trusted daycare providers could ever harm our children. Still, you should be aware of the signs that your child is a victim of daycare abuse so that you can best protect your child.
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We hear about it in the news all the time: Another nursing home worker has been charged with abusing facility residents. Occasionally, the problem is so widespread that a nursing home is shut down or taken over by new management. Just how prevalent is nursing home abuse and neglect? Our Atlanta personal injury lawyers have done some research, and the numbers are surprising.
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It was a horrific scene at a nursing home in L’Isle-Verte, Montreal, Quebec on January 23, 2014. A fire tore through the home, killing 32 frail seniors. Twenty residents survived. Residence du Havre sat on the banks of the St. Lawrence River. That night a fierce wind blew off the water and exacerbated the spread of the already intense fire. At 12:30 a.m., local firefighters, as well as rescue workers from five surrounding communities, arrived, according to an eyewitness who lives across the street. The wind proved to be a hindrance to the rescue efforts. Firefighters just could not reach the victims through the flames. Soon after their arrival, the building collapsed. To add insult to injury, arctic temperatures complicated search efforts. Water used to put out the fire immediately froze, creating an icy tomb for the victims. The ice was a foot thick in some places.

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Brothers and former peanut company owners Stewart and Michael Parnell, were convicted of conspiracy, fraud and other federal charges after a salmonella outbreak was traced back to their processing plant. A third defendant, Mary Wilkerson, a former quality control manager for the plant was found guilty on one count of obstruction of justice. The brothers were convicted of 97 federal felony counts. Bond was set for $150,000 for Stewart Parnell and $100,000 for his brother. Sentencing has not yet been scheduled. They are expected to receive 27-33 years each. The outbreak resulted in one of the largest food recalls in U.S. history. The Centers for Disease Control and Prevention found that 714 people in 46 states were sickened and nine people died. This case is the first time plant workers and corporate executives have been tried in a food poisoning case.
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