Blog Archive - December, 2014


21 Articles

Study Indicates Sub-Compact Cars Expose Occupants to Greater Risk of Severe Injury

December 30, 2014

It was not so long ago that SUVs were the family car of choice because of their capacity to accommodate multiple passengers and their cargo.  Buyer preferences have shifted as purchasers focus on fuel economy because of tough economic times and high gas prices.  While smaller vehicles might be easier on the wallet, a new study suggests that the shift from SUVs to semi-compact vehicles has come at the expense of reduced safety for vehicle occupants. 

Liability of Landlords for Injuries on Leased Residential Premises in Georgia

December 30, 2014

If you are attacked by a dog while delivering takeout food to a lessee in a rented apartment, you may incur significant economic hardships like ambulance and hospital bills, lost income and other expenses. While the tenant who owns the dog can be liable for dog bite injuries, a residential tenant might not have adequate insurance or assets to pay a judgment or settlement. The property owner will usually have more extensive insurance coverage and assets than a residential lessee. Unfortunately, the owner of a residential property generally is not liable for dog bites inflicted by a tenant's dog, but there are exceptions.

New Study Finds Prescription Drug Impaired Driving an Increasing Concern

December 28, 2014

Public awareness of the dangers associated with alcohol impaired driving is at an all-time high because of tougher DUI penalties, public service announcement campaigns and increased enforcement of drunk driving laws.  The liberalization of marijuana laws also has resulted in an increased focus on the potential relationship between decriminalization of marijuana and cannabis impaired driving.  Although car accidents caused by prescription and over-the-counter medications might receive less attention from the media, lawmakers and law enforcement agencies, a new study suggest that prescription medications might pose the greatest risk to those traveling our roadways.

Honda Recalls Gold Wing Touring Motorcycle Because of Brake Drag Risk

December 27, 2014

Honda has announced a recall of 126,000 Gold Wing touring motorcycles, which constitute one of the manufacturer’s most popular motorcycles.  The recall notice filed with the National Highway Traffic Safety Administration (NHTSA) identifies the cause of the recall as a problem with the secondary master cylinder.  The defect may cause rear brake drag after the brake has been released by a rider.  According to the recall notice, unanticipated partial braking can increase the risk of a motorcycle accident and pose a risk of fire.

Oil Rig Accident Causes Brain Injury: Compensation for Serious Work Accidents

December 19, 2014

A Texas jury recently awarded four men working on an oil rig $1.3 million in compensation for brain injuries suffered during a worksite accident. A news report by KGBT-TV in Texas reported that the electricians were working in the engine room of an oil rig that was dry docked. Another work crew accidentally caused the engine room to fill with carbon dioxide as the crew performed work on the fire suppression system for the oil rig. Two of the injured workers suffered serious brain injuries after being deprived of oxygen for 15 minutes. The four workers were found unconscious, foaming at the mouth, and experiencing convulsions. This case raises a number of issues about workers' compensation and personal injury claims arising out of a workplace injury. Two of the men are permanently disabled because of their injuries.

Verizon Pays $3 Million for Brain Injury Caused in Cell Phone-Related Auto Accident

December 18, 2014

Verizon has agreed to pay $3 million to a nurse who suffered a brain injury when she was rear-ended by a Verizon employee driving a bucket truck.  The Verizon truck driver was on hold with a customer on his personal cell phone and looking at the display of his business cell phone at the time of the collision according to the lawsuit filed in the case.  The Verizon bucket truck slammed into the nurse’s parked car rear-ending the plaintiff’s vehicle.

McDonalds Happy Meal Toy Recalled Because It Poses a Choking Hazard

December 18, 2014

McDonalds and other fast food chains have come under fire for the inducements they use to encourage kids to eat food that might not be the healthiest choice.  Happy Meal toys are one of the most enticing lures for kids.  However, a new concern about McDonalds Happy Meal toys has nothing to do with nutrition.  The toy, which was included in Happy Meals sold from October to November 2014, has been determined to be a choking hazard.

Four Lessons from the Tracy Morgan Walmart Trucking Accident

December 17, 2014

Comedian Tracy Morgan has filed a lawsuit against Walmart for injuries Morgan suffered when a Walmart truck slammed into a vehicle in which he was an occupant.  Two other occupants were injured and one died.  While it is still too early to predict the outcome of the lawsuit, the criminal case filed against the driver suggests that he might have violated hours of service rules.  The Morgan case provides an opportunity to consider a number of insights about tractor-trailer cases.

Study Reveals Spinal Cord Injury Risk Increasing Especially for Seniors

December 17, 2014

Whether you are injured in a tractor-trailer collision, fall from a scaffolding or other serious accident, a spinal cord injury (SCI) can have a profound impact on every aspect of your life.  Because the spinal cord functions as the communication highway between your brain and body, injury to your spinal cord can adversely affect your sensory perception and motor functions.  In extreme cases, a person experiences a complete loss of use and feeling in the lower extremities (paraplegia) or all extremities (quadriplegia).

Atlanta Pedestrian Accidents: Three Important Facts Atlanta Pedestrians Need to Know

December 17, 2014

Pedestrian accidents pose a unique risk of injury because a person who is in a crosswalk has little chance of evading an approaching driver who is not paying attention.  When pedestrians are hit by careless or distracted drivers, serious injury is likely because a pedestrian has no protection from injury during a collision, such as that afforded to a passenger in a vehicle.  This is a harsh reality because Georgia ranks amongst the worst states in the country for pedestrian fatalities.  Because pedestrian accidents occur at an exceptionally high rate in Georgia, our Fulton County pedestrian accident lawyers at Montlick and Associates have provided three facts that every pedestrian should know.

Deadline for Filing General Motors Injury Ignition Switch Claims Extended

December 17, 2014

This blog has recently covered the extensive recalls of General Motors vehicles linked to fault ignitions switches.  A compensation program was established by GM for victims who suffered injury or wrongful death in collisions involving the defect.  While the original deadline to submit a claim for compensation from the fund established by GM was December 31, 2014, the compensation program’s administrator Kenneth Feinberg has just announced the deadline has been extended to January 31, 2015 according to Reuters.  Approximately 4.5 million past and present owners of vehicles subject to the recall received notice of the extension.

Graco Recalls 4.7 Million Strollers Because of the Risk of Finger Amputation

December 17, 2014

Strollers provide parents with a necessary means of transporting their infant.  The precious cargo inside a stroller makes defects extremely worrisome because they can put kids at-risk for significant injury.  Many small children suffer injuries caused by defective products each year.  Parents should be aware of a new recall that has just been announced by Graco, which covers eleven models of strollers. 

Federal Regulators Take Steps to Improve Passenger Safety in Rollover Bus Accidents

December 16, 2014

A recent crash involving two double decker buses in New York that made national news is another in a long line of motorcoach and large bus accidents in recent years.  Many of these bus accidents have involved shady tour bus companies with poor safety records.  Against the background of the recent New York crash that caused eleven injuries, the U.S. DOT’s National Highway Traffic Safety Administration (NHTSA) has proposed new regulations designed to protect occupants of motorcoaches and large buses during rollover accidents.

Study Finds Georgia Ranks 14th for Worst Drivers in the United States

December 16, 2014

All of us who have experienced rush hour traffic in Atlanta know that we have our fair share of lousy drivers, but a new study quantifies what many of us know from experience.  The good news is that there are more than a dozen states with worse drivers than Georgia.  The bad news is that Georgia is ranked as the 14th worst state for bad drivers according to a new study. 

Tragic Fatal Accident Involving Expectant Mother Allegedly Caused by Faulty Ignition Switch

December 16, 2014

Keisha Vest, 26, was driving to work in her Chevrolet Cobalt that was purchased two weeks earlier when tragedy struck.  The young mother, who was pregnant and looking forward to having another child, was involved in a fatal collision that claimed her life and that of her unborn child.  According to the lawsuit filed in the case, the brakes of Vest’s vehicle failed, causing her to lose control of her vehicle at a stop sign.  When the brakes failed, she lost control of the vehicle as it lurched into the intersection where her vehicle was struck by a semi-truck.

Savannah Car Accident Lawyers Discuss Blind Spot Accident Risks

December 16, 2014

While attentive drivers might be aware of vehicles and potential road hazards in the vicinity, many motorists fail to adequately check their blind spots before executing turns or changing lane.  A blind sport refers to an area of the roadway that is not visible to a driver when using mirrors.  As experienced Savannah car accident lawyers, we have successfully represented many people injured in blind spot crashes.  When vehicles travel in your blind spot, the risk of a collision increases.  Frequently, blind spots are located over a passenger car driver’s right and left shoulder where pillars connect the body of the vehicle to the roof.  The positioning of cargo and passengers can also create blind spots.

Will Legalizing Medical Marijuana Increase Accidents Involving Stoned Drivers?

December 10, 2014

The Georgia General Assembly is currently contemplating legalizing medical marijuana.  While the decriminalization of marijuana has been a growing trend in many states, the potential impact on motor vehicle accident fatality rates should be considered as part of any liberalization of cannabis possession and use laws in Georgia.  A committee has been appointed and assigned the responsibility to make recommendations regarding moving forward on a medical marijuana law in Georgia according to the Atlanta Journal-Constitution.  This proposal follows a failed effort last year to reach a compromise on the passage of House Bill 885, which would have permitted the use of cannabis by individuals suffering with seizure disorders.

Product Liability Claims Based on Inadequate Warnings

December 09, 2014

Many people might be aware that a company can be liable for a defectively designed or manufactured product that causes injury.  Fewer people know that a manufacturer can be financially liable for failing to properly label a product that otherwise is designed and manufactured properly.  Generally, companies can be subject to a product liability claim or lawsuit when a product fails to come with adequate warnings regarding foreseeable dangers posed by the product.  Our Atlanta personal injury lawyers at Montlick and Associates represent clients in product liability lawsuits, including those involving inadequate warnings.

Pending Lawsuits Allege Guardrail Manufacturers Financially Motivated to Compromise Safety

December 03, 2014

Guardrails are intended to make our highways and freeways safer by reducing the risk of roadway departure accidents.  However, a number of lawsuits have recently been filed by car accident injury and fatality victims who claim a cost-saving motivated guardrail design has compromised the safety of vehicle occupants.  According to media reports and pending lawsuits, the redesigned guardrail, referred to as ET Plus by Trinity Industries, has less metal at the end of the guardrail.  This modification allegedly has caused the ends of the guardrail to splinter off and become a knife slicing through motor vehicles in collisions.

Bounce House Flies Forty Feet Injuring Two Toddlers Playing Inside

December 03, 2014

While bounce houses are a common sight in most residential neighborhoods, some high profile accidents involving this type of recreational equipment has raised questions regarding the safety of bounce houses and similar inflatables.  A recent example involved a bounce house that was swept up by a gust of wind and flew an astounding forty feet before crashing back to earth.  Two toddlers who were playing inside the bounce house were both injured in the accident according to the USA Today report.

New Report Reveals Toy-Related Injuries to Children on the Rise

December 01, 2014

With the holidays approaching, parents are busy selecting the perfect gift for their kids.  Children often are overcome with anticipation as they wait to unwrap their most coveted toys.  However, laughter and glee can quickly turn to tears when products designed for children are unsafe or proper safety equipment does not accompany the toy.

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Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.