CK&F’s Andrew Cash and David Krugler tried a medical malpractice case against a physician and his clinic for causing the death of a 78-year old woman. The decedent sought treatment with the physician, for a toenail fungal infection, and was prescribed a powerful and potentially toxic drug that caused her liver and kidneys to fail. A federal jury returned with a verdict of $4.7 million on behalf of our client, the decedent’s husband. Details of the case were featured in The Atlanta Journal Constitution.
Proper Warnings and Premises Liability
Tragedy struck an Oklahoma family at Disney World recently. A two-year-old child, ankle deep in water, was snatched by an alligator and pulled into a lagoon on the premises of the park according to CBS News. While the family grieves, many question if there was more Disney should have done to prevent the accident. A brief overview of the surrounding circumstances of this wild animal attack reveal that there may have been a lack of safety standards and warnings when it comes to protecting guests at Disney World from alligators in the waters.
Holding the Property Owner Responsible
When visitors and guests to a business, or invitees as the law refers to them, are welcomed onto a commercial property, the property owner has a duty to take reasonable measures to keep them safe from known problems or problems that, as a property owner, they should have known about. If an invitee is injured on a business’s property, they can bring a claim against the business under a theory of negligence based on premises liability.
Reasonable measures can mean many different things in many different situations. Keeping floors clean from substances that may cause people to slip and fall is a common example. Roping off dangerous areas such as open construction or an old mineshaft or well is another common example of taking reasonable measures to meet a property owner’s duty of care to his or her invitees.
In the case of the Disney Corporation, there is a question of whether or not they met their duty to warn and keep people away from alligator-infested water features at their park. It is now known that the lagoon that the child was pulled into had signs posted that stated ‘No Swimming.’ However, no mention of alligators was included anywhere in the signage, despite reports that Disney was aware of the presence of alligators in the water.
There is also a question of whether or not Disney should be liable for the child’s death simply due to the fact that they let alligators live on their property. Alligators are wild animals, and while they may not be known to commonly attack humans, close proximity with any dangerous animal can result in deadly attacks. Disney could have relocated or culled the alligators rather than letting them remain in areas where they knew children would be.
Premises Liability is Not Just for Wild Animal Attacks
It is impossible to conclusively say what the outcome will be for Disney, but chances are that further action will be taken to protect people from alligators at Disney World.
It should be noted that alligators do not only thrive in Florida. Even though alligator attacks may not be common in Georgia, and our state has seen only one alligator attack fatality since 2007, it does not mean that alligators are not dangerous. While primarily located in southern Georgia, just this year an alligator made its home on the northern outskirts of Atlanta and had to be relocated. Always be cautious around wild animals no matter what the setting.
If you ever find yourself injured on someone else’s property and believe that it was due to that person’s negligence, alligator or no alligator, contact the law firm of Cash Krugler & Fredericks LLC in Atlanta, Georgia. Premises liability is an ever-changing area of law and the lawyers at Cash Krugler & Fredericks can offer you the experience and expertise that you need to bring a successful claim. Call us at (404) 659-1710 or visit us online.
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The United States Department of Transportation’s National Highway Traffic Safety Administration has announced that it will recall an additional 35-40 million air bag inflators produced the company Takata. The recall, a part of the largest and most complex safety recall in United States history and affecting over 700 million vehicles, is seeking to achieve a 100% recall completion rate. To date, the faulty air bags have injured over 100 people and been tied to ten deaths in the United States.
The problem stems from a chemical agent present in the air bag inflators used as an accelerant to rapidly expand the bag. Air bags, when working properly, rapidly inflate in the event of a car accident, slowing down the driver’s momentum and preventing injuries. In general, air bags reduce the chance of dying in a front-facing collision by up to 30%. However, in this case, the improperly produced airbags have caused these chemical agents to degrade over time, particularly when exposed to high humidity and temperatures. As such, the chemicals have become unstable. When activated in the case of an accident, the airbags are sending shrapnel through the bags and into the driver or passenger. Rather than saving lives, the airbags are causing more injuries and deaths.
Defective Products Produce Product Liability Claims
In legal terms, when a product is defective, you can make a legal claim based on product liability. When individuals are harmed by an unsafe product, they may have a cause of action against the persons who designed, manufactured, or sold that product. This holds the parties who caused the injuries accountable for their actions and protects the consumer by forcing producers to design and make safer products to avoid future liabilities. In the case of the airbags mentioned above, it is possible that a person injured by failure of the airbag to deploy properly or by shrapnel due to the faulty design of the air bag may have a claim based on product liability.
However, even if a defective product has been released into the marketplace and caused injuries, that does not mean that the producer will admit responsibility. Manufacturers and designers of defective products have a strong financial incentive to vigorously fight and dispute any claims of injury arising from a defective product. As such, product liability claims are often fiercely litigated, requiring extensive manpower and investment, specialized knowledge related to the product area and experience in dealing with large corporations.
Contact an Attorney Today
If you believe that you may have been injured or injured another due to a defective part in your car or truck, contact Cash, Krugler & Fredericks LLC in Atlanta, Georgia today. We have years of experience in handling products liability cases resulting in personal injury, most recently assisting victims of a KIA recall. These cases are often complex, involving extensive litigation and use of experts to determine liability. Contact us online at email@example.com or call us at (404) 659-1710.
For a full list of vehicles affected by the recall, please click here.
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Death of an At-Fault Driver: Who Will Pay for Your Injuries?
It is common sense to think that if you are hit by another car and the other driver is at fault that you should seek compensation from the driver. After all, the other driver is the one who caused the car accident; he or she should be held responsible for his or her actions. But what do you do when the collision between your two cars was fatal for the other driver? Who do you go to afterward for compensation for the damage caused?
Deep Pockets are Not a Necessity to Recover
It is important to understand that in situations where a person has been involved in a car accident, chances are that the person who caused the accident will never actually have to pay out of pocket for the damages caused. This is due to the fact that all drivers in Georgia and the United States are required to carry auto insurance.
Many people consider auto insurance as protection from physical damage to their vehicle. For example, if a person’s car is damaged or destroyed in a car accident, the insurance company may pay for repairs to the vehicle or for a replacement car. However this is not the primary reason that drivers are required to carry auto insurance. Auto insurance really exists for other drivers on the road.
Auto Insurance is Not for Your Benefit
While auto insurance can cover things like medical costs after an accident and vehicle repair, the primary purpose for auto insurance is to cover a driver’s liability when he or she causes injury to other drivers, passengers, or pedestrians. This ensures that if someone accidentally injures another person with their car, the injured party can recover the cost of any damage suffered.
Auto insurance will even apply in cases in which the person who had the auto insurance policy, the driver of the car, has died in the car accident. This means that when the driver who is at fault in an accident perishes, the people who were injured in the accident, like another driver, a pedestrian, or a passenger in a car, can still pursue a recovery for their personal injuries and economic losses by pursuing the claim against the insurance company.
There are also other situations in which a driver may have been operating a vehicle for a business or government agency in the course of their duties. If a driver causes an accident while working for such an entity and perishes in the accident, an injured party can also seek to recover against the business or government agency and any insurance policies that may have been in place.
Finally, it is worth noting that your own insurance can protect you in these situations if you have the right kind of coverage. In Georgia, uninsured or underinsured motorist coverage (UM) under your own auto insurance policy can provide you coverage where another person injuries you and either does not have insurance or does not have enough insurance to cover your damages. [May want to link to one of our blogs about UM coverage]. Cash Krugler & Fredericks strongly encourages everyone to review their insurance policies with their agent and make sure to buy the right type of UM coverage, called add-on UM.
Dealing with Insurance Companies is a Hassle
Just because an at-fault driver had an insurance policy does not mean that the insurance company will fairly compensate you for your injuries. To the contrary, insurance companies have a financial incentive to keep pay-outs low and dispute claims made against them. That is why it is key to have attorneys on your side who can negotiate or litigate to get the best outcome possible for you when dealing with insurance companies. Contact the attorneys at Cash Krugler & Fredericks, LLC in Atlanta, Georgia. As attorneys with an exclusive focus on personal injury and accidents, they have years of experience in dealing with insurance companies who refuse to pay. Contact them at (404) 659-1710 or email them at firstname.lastname@example.org.
The Elderly and the Cost of Traumatic Spinal Cord Injuries
Traumatic spinal cord injuries are some of the most serious injuries a person can sustain. Not only can have they have long-lasting and severely debilitating effects on a person’s life, but they also are a drain on a person’s financial security, requiring huge amounts of money to treat and adjust to. Who bears the burden of these traumatic injuries? Increasingly, it is adults over the age of 65.
Slipping and Not Being Able to Get Up
The source of traumatic spinal injuries has changed in recent years. According to a John Hopkins Study, slip and fall accidents represent the highest source of traumatic spinal injuries at 41%, overtaking automobile accidents which had for decades been the number one cause. This may be attributed to a rapidly aging population.
Our Elders are Most at Risk for Traumatic Spinal Cord Injuries
Persons over the age of 65 are the most likely to be affected by a spinal cord injury, while the average age of a person suffering a traumatic spinal cord injury has increased from just age 29 in the 1970s to a much higher 42 in 2016. A rapidly-aging Baby Boomer population, improvements in medical care for the elderly, and the more active lifestyle being led by adults over the age of 65 mean that the elderly bear the brunt of spinal cord injuries. On top of that, adults over the age of 65 are also four times more likely to die in the emergency room than a younger adult and six times more likely to die during their inpatient stay in a hospital.
Surviving a slip and fall or automobile accident may come with a steep price tag. Lifetime costs of care for someone with a serious spinal cord injury can range from $1 million to $5 million. Total costs of care depend on the time that the person experienced injury, the severity of the injury and the level of care required. While improvements in rehabilitation care are leading to better and faster recovery among patients with spinal cord injuries, they are also adding to patients’ medical bills.
Do Not Let a Spinal Injury Be the End
Spinal cord injuries are devastating and can have a tremendous impact not only on an individual’s quality of life, but on his or her family as well. The pain, treatment, and care required can be long-lasting and intensive. If you have suffered a spinal cord injury from any type of accident, do not hesitate to call our attorneys at Cash Krugler & Fredericks in Atlanta, GA. We have worked hard with many clients to get the financial compensation they need to pay for their treatment and maintain a high quality of life. Contact us at (404) 659-1710 or visit us online.
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