2011 May Archive

Georgia consumers are at risk of being injured by defective products every day. Although it is the duty of product manufacturers and distributors to provide safe products for public use, many defective products stock Georgia’s retail stores, car dealerships, and pharmacies. These products can be children’s toys, kitchenware, furniture, tools, drugs or even motor-vehicles. When a product is determined to be defective or dangerous, a recall is often issued to remove that product. Unfortunately, many dangerous products are not recalled in time to prevent injury, and some are never recalled at all.

Defective products often result from poor manufacturing or design and can cause a wide array of injuries, both minor and severe. The injuries associated with dangerous products, however, depend on the type of product as well as its defect or malfunction. A poorly attached component to a children’s toy may cause a piece to fall off as the child holds the toy over their head; this may cause simple bruising, cuts to the skin, or even a head injury. In another situation, a defective auto component or auto component malfunction can cause a serious injury or even fatal Georgia auto accident.

Regardless of the type of defective product, if a consumer is injured by a poorly designed, manufactured, or misrepresented product, the consumer may be able to seek compensation for the damages suffered through a Georgia product liability claim. Under Georgia law (O.C.G.A. § 51-1-11), “[the] manufacturer of any personal property sold as new property…shall be liable in tort…to any natural person who may use, consume, or reasonably be affected by the property and who suffers injury…because the property when sold by the manufacturer was not merchantable and reasonably suited to the use intended, and its condition when sold is the proximate cause of the injury sustained.”

If you or a loved one has been injured by a defective product, the experienced Georgia injury accident attorneys at The Law Offices of Wayne Grant, P.C., can determine the validity of your product liability claim and advise you of your legal rights and options. Call one of our knowledgeable defective product lawyers today for a consultation at 866-249-5513 or 404-995-3955.

The traffic signal project for the intersection of Georgia Highway 212 and Oak Hill Road has finally been completed as of this month. However, according to CovNewsj, the traffic light is not expected to be fully operational until the morning of May 24. Work on the project began in February of this year.

In October of 2010, the Newton County Board of commissioners approved a $106,548 bid from Moye Electric of Dublin to take on the project. The installation of a traffic signal at the intersection of GA Highway 212 and Oak Hill Road is expected to decrease the alarming number of fatal Georgia auto accidents at that intersection. It is a high traffic thoroughfare and the amount of traffic has only increased since the addition of a public library and a park in the area. There have been several fatal accidents at the site, prompting the former District 2 Commissioner to call it a “death trap.”

The traffic signal is not necessarily intended as a permanent solution to the heavily travelled roadway. The Georgia Department of Transportation (GDOT) has plans to widen the highway from the Oak Hill Road intersection to Bethany Road, however, this will not be in the works for another few years.

Installing traffic signals and/or signs and improving roadways are only part of the solution to prevent fatal and injury vehicle accidents in Georgia. The other part concerns the actions of motorists on the road. If a hazardous roadway, whether due to poor signage, ineffective design, or unrepaired damage, causes a Georgia motor-vehicle accident, the agency or company responsible for maintaining that roadway may be held liable for the injuries resulting from their negligence. Likewise, if a driver causes a Georgia car crash because he or she was distracted, impaired, speeding, or just not obeying traffic laws, he or she may be held responsible for a victim’s losses.

At The Law Offices of Wayne Grant, P.C., our skilled Atlanta vehicle accident lawyers help injured victims of Georgia auto accidents recover the compensation they deserve from at-fault parties. To learn more about your legal rights and how we can help you, please call us at 866-249-5513 or 404-995-3955.

Wrongful death is a legal claim against a person who, through their negligent or wrongful actions, causes the death of another. A wrongful death victim is referred to as the “decedent.” Generally, a wrongful death claim can be filed if the decedent, had he or she not died, could have filed a compensable personal injury claim against an at-fault party. The circumstances which allow for a wrongful death claim include, but are not limited to:

• A fatal Georgia motor-vehicle injury accident caused by another’s recklessness or negligence;
• A fatal workplace injury accident caused by proven substandard or defective equipment, improper or absent safety measures or other negligence; and
• Death caused by medication errors, failure to diagnose or other forms of Georgia medical malpractice.

Under Georgia wrongful death law, an action for wrongful death is typically brought by the surviving spouse, or a child or children if there is no surviving spouse and must be done so within 2 years after the right of action accrues. The aforementioned individuals may recover the full value of the life of the decedent (including the necessary or personal expenses had they lived) for the homicide of the spouse or parent. The term “homicide” under Georgia law refers to “all cases in which the death of a human being results from a crime, from criminal or other negligence, or from property which has been defectively manufactured, whether or not as the result of negligence.”

Experiencing the death of a loved one can be very traumatic, especially when they are suddenly taken from you by the negligent or criminal actions of another. At The Law Offices of Wayne Grant, P.C., our compassionate Atlanta wrongful death lawyers can help your family through this difficult time while working towards recovering compensation for losses such as medical bills, funeral costs, lost future wages and lost companionship. To speak to one of our attorneys about your legal rights and the Georgia wrongful death claim process, contact us today for a consultation at 404-995-3955 or 866-249-5513.

More and more people are using active means of transportation, such as walking and bicycling, to go to work, visit friends, or go to the grocery store. Walking and bicycling are very good forms of exercise and help promote a healthy lifestyle, but they can also be dangerous. Crossing the street is often a necessity when walking to a destination and is also when most Georgia pedestrian accidents occur.

According to the Georgia Governor’s Office of Highway Safety (GOHS), there were 2,371 pedestrian accidents in 2008. These included a total of 1,881 Georgia pedestrian injuries and 140 fatalities. In 2009, the number of pedestrian fatalities increased to 150. To help prevent an increase in pedestrian injury and fatality numbers in coming years, Georgia pedestrians and motorists should consistently follow the below safety guidelines:

The above safety guidelines can help decrease the risk of Georgia pedestrian accidents, however not all accidents can be prevented. If you have been injured in a Georgia pedestrian injury accident, you may be entitled to financial compensation by filing a personal injury claim against the at-fault party. At The Law Offices of Wayne Grant, P.C., our experienced Atlanta pedestrian injury attorneys help injured victims recover compensation for medical bills, lost wages, and other losses. We will examine the details of your case and advise you on the best course of legal action. For a consultation, contact us at 866-249-5513.

Before knowing when to file a medical malpractice claim in Georgia, it is important to know if you are entitled to do so. Georgia code (O.C.G.A. § 9-9-60) defines a “medical malpractice claim” as any claim for damages resulting from the injury to or death of any person caused by:

1. Health, dental, medical, or surgical service, diagnosis, treatment, prescription; or care by a lawfully authorized physician or other health care provider, or one acting under the supervision of a lawfully authorized physician or other health care provider, or
2. Care or service by any public or private hospital, clinic, hospital authority, clinic, facility, or institution, or its employee, acting within the scope of his employment.

Common types of medical malpractice in Georgia include, but are not limited to, medication errors, undiagnosed illness, misdiagnosis of illness, and delayed treatment or procedure.

If your situation falls within Georgia’s definition of a medical malpractice claim, an action for medical malpractice must be brought within 2 years after the initial date of injury or death caused by a negligent or wrongful act, or omission. In some cases, the injury or death occurs sometime after the negligent or wrongful act, or omission. In these circumstances, the victim must bring an action within 5 years of the act or omission or the claim will be barred (O.C.G.A. § 9-3-71). There are, however, certain exceptions to these general limitations.

Georgia patients put their trust in their doctors and other healthcare providers to provide quality care. When doctors, hospitals or other healthcare providers abuse that trust by providing improper or substandard care, failing to diagnose serious illness, delaying treatment, or continuing ineffective treatment, they endanger the lives of their patients. At The Law Offices of Wayne Grant, P.C., we believe healthcare professionals should be held accountable for their negligent or wrongful actions. If you or a loved one has been injured as the result of negligent or wrongful care, our compassionate Atlanta medical malpractice attorneys can help determine the validity of your claim and advise you of your legal rights and options. Contact us today for a consultation at 404-995-3955 or 866-249-5513.

The city of Johns Creek and the Georgia Department of Transportation (GDOT) have planned construction of a modern roundabout at the intersection of Bell Road and Boles Road to begin in spring 2013. According to the Johns Creek Patch, traffic congestion has worsened in recent years, increasing motorist frustration over long wait times as well as increasing Georgia traffic accidents. An informational meeting about the project was met with support from many of its attendees.

The roundabout will be the first for the city but not for Georgia. GDOT has been encouraging the implementation of roundabouts in appropriate intersections as they have been shown to relieve congestion, improve safety, increase traffic capacity, decrease auto accidents, and improve aesthetics.

A modern roundabout is a circular intersection where motorists travel counterclockwise around a center island. Drivers yield to traffic when entering the roundabout, and continue with the flow of traffic until choosing to exit. All movements, entering and exiting, is done to the right. Because the modern roundabout does not use stop signs or traffic signals, drivers enter and exit the roundabout at a more consistent pace, keeping the traffic moving and thus allowing more traffic to pass through without becoming congested. The greatest benefit of the modern roundabout is that it will help decrease the number and severity of Georgia intersection accidents.

A 2009 GDOT study of 55 intersections found that the implementation of roundabouts resulted in a 35 percent overall decrease in accidents, a 76 percent decrease in injury accidents, a 71 percent decrease in fatal or incapacitating rural accidents, and an 81 percent decrease in fatal or incapacitating urban accidents. The widespread use of roundabouts has dramatically decreased serious Georgia crashes in those intersections. Every traffic signal or stop sign intersection cannot be converted into a modern roundabout however.

Despite the implementation of roundabouts, Georgia injury auto accidents still occur due to reckless or negligent drivers. If you or a loved one has been injured in a car crash caused by another’s negligence, the skilled Atlanta auto accident lawyers at The Law Offices of Wayne Grant, P.C., can provide you with the legal recourse you need to attain the compensation you deserve. Call us today to learn more about your legal rights at 866-249-5513 or 404-995-3955.

Our previous post concerned large truck accidents caused by Georgia truck driver negligence; here, we will continue our topic of common Georgia large truck crash causes with: 1) Negligent Truck Maintenance; and 2) Faulty Manufacturing or Design.

Large trucks, especially long-haul trucks, can travel over 3,000 miles weekly. This can cause severe wear and tear on a commercial truck’s system and its parts. Brake failure, tire blowouts, and engine over-heating could potentially cause a severe Georgia large truck injury accident, which is why regular inspections and maintenance are necessary and required. If a trucking company or driver fails to perform timely inspections, maintenance, and repairs, the company and possibly the driver, can be held responsible in the event of an accident. Negligent truck maintenance potentially places hazardous vehicles on the road.

It is also possible for faulty truck manufacturing or defective design to cause a large truck crash. When a large truck’s brake system is faulty, the tires are defective, or the axles are improperly connected to the wheels, it can cause serious problems for long-distance travel. If the truck manufacturer does not repair problems found with its trucks, or if a truck company does not repair problems it knows are there, they may be liable for the resulting accidents and injuries.

If you or a loved one has been injured in a Georgia large truck accident due to the negligence of the driver, truck company, or truck manufacturer, the Atlanta big rig accident attorneys at The Law Offices of Wayne Grant, P.C., can help you understand your legal rights. We will work diligently to recover compensation for your losses from those responsible. To learn more about your legal options, call us today at 866-249-5513 or 404-995-3955.

Large trucks, whether described as a semi-trailer truck, transfer truck, 18-wheeler, or big rig, are very intimidating when travelling along Georgia roads and highways due to their immense size and heft. Also as a result of these reasons, there is an increased risk of serious injury or death in the event of a Georgia large truck accident. This is the first of a 2-part blog series concerning the common causes of large truck crashes: 1) Driver Negligence; 2) Negligent Maintenance or Repair; and 3) Faulty Manufacturing or Design.

A trucker may cause a large truck crash as a result of fatigue and/or inattention, lack of experience or training, or distracted, or otherwise negligent, driving. Truck operators must follow strict federal regulations concerning the number of hours they drive. The life and schedule of a Georgia truck driver can be very demanding, and oftentimes truckers feel pressured to deliver ahead of schedule or even to deliver on schedule. This may cause a driver to tire by working more hours than is legally permitted per day or using illegal or over-the-counter drugs. An exhausted truck driver has much slower reaction times and may even fall asleep at the wheel. If a truck driver does not follow federally mandated work hour limits and causes an accident as a result of their fatigue, they, and possibly their employer, can be held liable for the losses of injured victims.

Likewise, if the truck driver is untrained or unlicensed, they and likely their employer can be held liable for a crash. To be a large truck driver, one needs a Commercial Truck Drivers License (CDL). It is the duty of a truck company to ensure that all its drivers are properly trained and licensed before getting on the road.

Finally, large truck accidents in Georgia may be caused by a truck operator who was driving distractedly, recklessly, under the influence of alcohol or drugs, or otherwise negligently. This is especially dangerous because of the size, weight, and potentially hazardous cargo a large truck carries. If you or a loved one has been injured in a large truck crash caused by truck driver negligence, you can pursue compensation by way of a personal injury claim.

The experienced Atlanta personal injury attorneys at The Law Offices of Wayne Grant, P.C., can provide you with the legal advice and action you deserve. Contact us today at 866-249-5513 or 404-995-3955 for a consultation.

Check back with our blog for Part 2 that covers the causes: Negligent Truck Maintenance and Faulty Manufacturing or Design.