Trial Attorney Blog

One of area of confusion to the public is determining who has the right to bring a wrongful death action in Georgia. Because our firm handles many such cases in Atlanta and throughout the State, we have decided to blog on this area of the law so that the public will better understand the provisions of Georgia law which control wrongful death actions.

In this article we shall focus on the rights of a spouse who is married to an individual killed by the negligence of a third party. In all such cases, where the decedent is married at the time of death, only the surviving spouse may bring a wrongful death action. Interestingly, however, any spouse that brings a wrongful death action on behalf of a deceased partner does so in a fiduciary capacity if children are involved.

O.C.G.A. § 51-4-2(a) provides that:

We receive many inquiries from Atlanta consumers regarding the safety of products apporved by the federal regulatory agencies. During the Bush administration many consumers here in Georgia and elsewhere have expressed concern and bewilderment that certain drugs and products banned in other countries were “approved” by federal agencies for distribution in the United States.

Now, the Food and Drug Administration, FDA, has announced it is reviewing a controversial decision it made last year — the conclusion that BPA, a chemical used in baby bottles and food containers, is safe for infants.

The announcement came just hours after two members of Congress sent a letter to new FDA Commissioner Margaret Hamburg questioning that decision Commissioner Hamburg has pledged to restore confidence in the agency by putting science first in its decision-making process. This is encouraging news as during the past administration many such decisions seemed to be based upon political grounds.

When I was in high school, I was hired as a forklift driver at a textile plant. I was given no training whatsoever, had never operated a forklift and within hours was lifting huge pallets of heavy materials high into the air for placement on warehouse shelving. Fortunately, I did not injury anyone or kill myself, but I easily could have. Indeed, that same summer a high school friend of mine lost his life when he accidently drove a forklift backwards off of a loading ramp, killing himself in the process.

Just a month or two ago, here in Atlanta, I read about a news story where one employee at a car dealership was training another employee on how to drive a forklift when the co-worker overran the employee killing him. Here at Finch McCranie, we have represented individuals who were involved in industrial accidents where they were struck by forklifts inside of manufacturing facilities. These cases typically result in very serious personal injuries involving amputations, paralysis or death. Incredibility, my experience in high school is repeated over and over again as oftentimes the operator of these forklifts has been provided little or no training. Today, this is a violation of OSHA regulations. It was not in the 70’s and 80’s.

Forklifts are very heavy and very dangerous industrial vehicles involved every year in a large number of deaths and serious injuries in the workplace. Many of the injuries and fatalities committed while these vehicles are being operated could have been prevented if the operators had been properly trained and/or had properly protected themselves. Oftentimes, the operators of these vehicles are not wearing seatbelts and/or seatbelts are not even provided for their use. If such a vehicle overturns, because of its weight, the operator can be crushed.

Bus accidents have been a problem in Atlanta and Georgia for many years. Recently, the lawyers of Finch McCranie LLP were able to secure a very favorable settlement for the most seriously injured survivor in the Bluffton Bus crash which occurred here some years ago.

Now, in an encouraging move, the National Transportation Safety Board is recommending charter bus companies come up with better plans to deal with crashes in remote areas. Last Friday, the NTSB sent recommendations to the American Bus Association and the United Motorcoach Association. The list suggests detailed contingency plans and information about driving through remote areas where there is no wireless telephone coverage.

In January 2008, nine people died and 43 others were injured in a bush crash near Mexican Hat, Utah, as they returned to Phoenix, Arizona from a weekend ski trip in Telluride, Colo.

Potentially dangerous trampolines which have been sold in the Georgia and Atlanta areas are the subject of a recall. The U.S. Consumer Product Safety Commission in cooperaation with Skywalker Holdings announced a voluntary recall of about 60,000 trampolines manufactured in China and distributed by Skywalker Holdings LLC, of Brigham City, Utah.
The recall applies to the Skywalker Holdings 13-foot Square Trampoline and Enclosure Combo. The units have blue spring pads, a black net enclosure, and a jumping mat. “Skywalker Holdings” is printed on a label located under the jumping mat and on the enclosure net.
The straps supporting the top of the trampoline’s enclosure to the poles can fail. The enclosure could drop if these straps break, posing a risk that a user could fall from the trampoline.
To date Skywalker Holdings reports it has received at least 250 reports of straps breaking. No injuries have been reported.
The trampolines were sold at specialty stores and major retailers nationwide and online from January 2007 through February 2009 for between $400 and $600.
The CPSC advises that consumers should immediately stop using the trampolines and contact Skywalker Holdings to obtain a free repair kit. The contact information provided is as follows:
Consumer Contact: Contact Skywalker Holdings toll-free at (866) 603-5867 between 8 a.m. and 5 p.m. MT Monday through Friday, or visit the company’s Web site at www.skywalkertrampolines.com.

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As a Georgia injury lawyer, I read almost everyday about a death or serious personal injuries sustained as a result of an All Terrain Vehicle ATV accident. With the increasing popularity of ATVs it is inevitable that there will be more accidents and injuries; however, most are preventable. Without exception, most ATV accidents can be traced back to a rider who broke at least one of the ATV Safety Institute’s Golden Rules. Whether you’re riding in a public park or on private land, keep these eight guidelines in mind:

Always wear a helmet and other protective gear.

Never ride on public roads — another vehicle could hit you.

The Atlanta lawyers of Finch McCranie LLP often see cases in which children are injured on exercise equipment such as treadmills and weight machines. The tragic death of boxer Mike Tyson’s 4-year-old daughter may seem like a freak occurrence, but the Consumer Product Safety Commission reports that treadmills injure more children than any other type of exercise equipment.

According to CPSC figures, almost 5,500 children under age 5 were treated in emergency rooms in 2006 and 2007 for treadmill-related injuries.

While most had cuts, bruises and scrapes, primarily on the hands or fingers; one child’s injury required an amputation. Thirty-two percent had their hands caught in or on the treadmill, in some cases suffering serious friction burns.

Last Friday the U.S. Court of Appeals in Washington essentially upheld a landmark ruling that found cigarette makers deceived the public for decades about the health hazards of smoking.

The Court of Appeals upheld the major elements of a 2006 ruling that found the nation’s top tobacco companies guilty of fraud and violating racketeering laws. The ruling said manufacturers must change the way they market cigarettes. It bans labels such as “low tar,” “light,” “ultra light” or “mild,” because such cigarettes have been found to be no safer than others because of how people smoke them.

It also requires the companies to publish “corrective statements” on the adverse health effects and addictiveness of smoking and nicotine. The requirements have been stayed or dealyed while the case has been under appeal.

The attorney general of Alabama has announced that 14 major drug companies will pay Alabama $89 million to settle a lawsuit accusing them of defrauding the state Medicaid agency. This lawsuit brought on behalf of the taxpayers of the state of Alabama is one of many throughout the United States brought by state’s Attorney Generals accusing drug manufactures of overcharging and defrauding states for the purchase of drugs used in state sponsored medicaid and health care programs. The lawsuits essentially allege a pattern of fraud by drug manufacturers over many years.

The Alabama settlement followed a series of trial victories in Montgomery County Circuit Court against other drug companies accused of similar activities. The state of Alabama was represented by private law firms who undertook the representation and absorbed the risk of a losing verdict.

The companies agreeing to the Alabama settlement are: Abbott Laboratories, Schering-Plough Corp., Warrick Pharmaceuticals Corp., TEVA Pharmaceuticals USA, IVAX Corp., IVAX Pharmaceuticals, Barr Laboratories, Aventis Pharmaceuticals, Aventis Behring, ZLB Behring, Sanofi-Synthelabo, Forest Laboratories, Forest Pharmaceuticals, Baxter Healthcare Corp. and Baxter International.

Georgia injury lawyers, handling a claim for a catastrophically injured employee or the family of a deceased employee, our investigation will often reveal that the employee received injuries while working on or around a piece of machinery that caused the death, some traumatic amputation or other trauma to the employee. In such a case, the attorney must consider potential product liability claims, such as defective design, manufacture, assembly, testing or failure to warn or misrepresentation. The Supreme Court of Georgia has outlined the test for whether a product is defective in terms of risk-utility analysis. There are three (3) principal basis of recovery in product liability actions: Negligence; Breach of Warranty; and Strict Liability.
Like any other claim, actions for damages based on product liability are governed by statutes of limitations. For personal injury actions based on negligence or strict liability related to product liability, a two year statute of limitations applies. However, there is an additional limitation that an attorney representing an employee injured by a product of any kind must consider as soon as he is retained. This is the statute of repose and it functions in addition to the statute of limitations. This statute of repose is a complete band to strict liability and negligence actions filed more than ten (10) years after the date of the first sale or use or consumption of the products, regardless of when the injury occurred. Thus, an injured employee’s time to file a case could be much less than two years. The statute of repose does not apply to claims based on failure of the manufacturer to warn of product related damage.
If you or a loved one has been seriously injured on-the-job, call the Georgia workers compensation lawyers at Finch McCranie, LLP for a free consultation.