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Establishing a duty of care in slip-and-fall lawsuits

When personal injury lawsuits are filed over slip-and-fall accidents in Georgia and around the country, duty of care arguments are usually made by both the plaintiffs and the defendants. Plaintiffs may claim that premises owners did not meet their duty of care because they did not take all reasonable steps to prevent the accident in question from occurring. Defendants could respond by arguing that accident victims did not meet their duty of care because they failed to take reasonable steps to avoid obvious dangers. When these arguments are not very persuasive, slip-and-fall cases may be settled before court proceedings begin.

Proving that premises owners did not meet their duty of care generally involves establishing that they were aware of a dangerous condition and failed to take appropriate action. When premises owners were not aware of a hazardous condition, they may still be held liable for the injuries suffered by victims of slip-and-fall accidents. This argument could be made if premises owners were unaware of dangers because security cameras had not been repaired or they knew about severe winter weather conditions but not accumulations of ice.

Errors to avoid in a car accident claim

Even car accidents that seem simple may have complications that make the claims process much harder. Any accident involving injuries, such as the recent collision that took place on Highway 17, can still result in complicated insurance processes. 

After suffering an injury in an auto accident, you need to contact your insurance agency right away. You need to get the claims process underway immediately to try to recover damages as quickly as possible. During this time, you should watch out for various mistakes people make that upend the process entirely. One error could result in you not getting as much money as you deserve to recover properly. 

The summer driving season is particularly dangerous for teens

Emergency rooms in Georgia and around the country were fully staffed over Memorial Day weekend in preparation for what is traditionally one of the busiest times of the year. The start of the summer driving season is marked by a surge in motor vehicle accidents, and many of them involve young and inexperienced drivers. Accidents involving teen drivers claimed the lives of more than 3,500 road users between 2013 and 2017 according to the American Automobile Association's Foundation for Traffic Safety, and a disproportionate number of them died in the 100 days between Memorial Day and Labor Day.

During this period, fatalities in accidents involving teen drivers increase by about 15%, and nearly two in three of the victims are people other than the young person behind the wheel. The most common causes of these crashes are distraction, impairment, recklessness and inexperience.

Experts worry about new car safety feature risks

Car buyers in Georgia and around the country have a vast range of new vehicles to choose from, and many of them come equipped with sophisticated safety technology that warns drivers of impending dangers or even takes control in emergencies to avoid a crash. While road safety advocacy groups have welcomed these new safety features, technology experts predict that they could make some kinds of accidents more likely because drivers do not yet fully understand them or know how they work.

An article published recently in the Journal of Cognitive Engineering and Decision Making by a NASA scientist and University of California San Diego professor draws parallels between current automobile safety innovations and the introduction of automatic pilot systems by the aviation industry in the 1930s. The article also points out that issues with technology are still causing problems for pilots today.

Study finds opioid use doubles fatal accident risks

According to figures from the Georgia-based Centers for Disease Control, doctors in the United States write more than 200 million opioid prescriptions every year, which equates to more than 66 prescriptions for every 100 Americans. This worries lawmakers and police departments because drugs like fentanyl and oxycodone affect drivers in similar ways to alcohol.

Much of the research into opioid use has focused on the societal costs of the widely available and highly addictive medications, but two researchers from Columbia University recently took a different approach. They wanted to find out if the opioid epidemic that is sweeping the country is having a detrimental effect on road safety, and they found that the number of drivers who die each year while under the influence of the drugs has risen from about 1% in the 1990s to an alarming 7%.

When must you file a Georgia workers’ compensation claim?

When you live in Georgia and suffer an injury on the job, you may have cause to file a workers’ compensation claim relating to your injury. Regardless of whether the injury you suffered was ultimately your fault or someone else’s, you should still be able to move forward with a workers’ compensation claim if the injury occurred while you were at work.

However, you must follow certain guidelines when filing a workers’ compensation claim in the state. One of the most important involves making sure you adhere to all established deadlines. There is, in fact, a statute of limitations in Georgia that dictates exactly how long you have to come forward with a workers’ compensation claim. If you blow that deadline, you will lose your chance at recourse.

Improving electrical safety in the workplace

The Occupational Safety and Health Administration (OSHA) has implemented a variety of policies to improve conditions for workers, but regulators realized not enough was being done in the area of electrical safety. A new framework, known as NFPA 70E, provides a new way for workers to ensure electrical safety at the places they work. Implementing this new framework honestly could improve safety in addition to increasing efficiency.

A major cause of electrical accidents at the work site is insufficient communication about what a job requires both in terms of procedures and objectives. NFPA 70E organizes information so that it's easier for workers to digest. By ensuring that workers are prepared for the job, they are less likely to make errors that cause accidents or require expensive repairs.

Rand report calls for more test-driving for autonomous cars

Automakers are rushing to introduce self-driving cars, which is worrying many in Georgia and across the U.S. After all, these cars have caused fatal crashes in the past, including a March 2018 incident where an Uber vehicle in Arizona failed to detect a pedestrian and struck her. A report from the Rand Corporation contends that automakers are neglecting safety by not test-driving their vehicles enough.

Of all the companies that are developing autonomous vehicle technology, Waymo has test-driven its vehicles for the highest number of miles: 10 million miles in the real world and 7 billion miles on virtual roads using simulation technology. However, the report says even this amount is insufficient.

'Textalyzer' bill leads to privacy concerns

Distracted driving is a growing issue on Georgia roads. The National Highway Traffic Safety Administration states that 3,450 people died in distraction-related car crashes in 2016. Of these crashes, 14 percent involved cellphones. Distracted driving is also an under-reported phenomenon since many drivers do not admit their negligence to the police.

However, there is a device called the "textalyzer" that may allow police to determine if a driver was using his or her cellphone prior to a crash. It checks for user activity, such as the opening of a Facebook messenger call screen, without accessing or storing personal content. New York proposed a measure allowing its use back in 2017, but this failed. Now, Nevada has proposed a similar measure and has raised several concerns.

Car crash risk increases with daylight saving time

Daylight saving time could increase the risk of getting into a car crash, according to to the AAA Foundation for Traffic Safety. As a result, Georgia motorists should use extra caution when they hit the road.

it is recommended that drivers get at least seven hours of sleep each night for optimum safety. Researchers from the AAA Foundation for Traffic Safety say that drivers who miss one or two of those recommended sleep hours are almost twice as likely to get into a car accident as those who get the full recommended amount. In fact, drivers who get less than five hours of sleep are just as likely to crash as a drunk driver. Further, a National Sleep Foundation study found that individuals who get less than two hours of sleep in a 24-hour period are "unfit" to drive. According to AAA, almost 30 percent of drivers admit they have engaged in drowsy driving in the last 30 days.

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Law Office of Perry Dean Ellis, P.C.
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