Premises Liability

Retail stores and other places of business, like nightclubs and amusement parks, owe specific duties and safety to their guests. This legal responsibility means that property owners must make regular, reasonably thorough inspections of their property to ensure it is safe for public use. Regular, reasonably thorough inspections include making sure pools are properly outfitted with safety equipment and meet safety standards prior to the arrival of swimmers, and ensuring there are no obvious slip and fall hazards in grocery store aisles and that spills are cleaned up quickly. When a visitor, customer, or guest is injured, their immediate reaction might be to pursue legal action against the facility. Financial compensation, though, is not automatically assigned to the property owner. An injured party may receive such financial compensation is when they are able to prove the property owner was negligent or that they overlooked clearly foreseeable potential harm. For a property owner to be held legally and financially responsible for an injury sustained on their property, knowledge of a potentially dangerous condition must be established. A plaintiff must be able to demonstrate that the property owner either created or ignored hazardous conditions and made no attempts at correcting the problem. The property owner may also be held liable if the hazardous condition existed for an extended period of time in which regular inspections would have made the problem known. If you have suffered an injury because of a negligent property owner, consult with a personal injury or premises liability attorney. Such specialized attorneys will conduct a critical examination of your accident and assess your injuries to determine fault. They...

Who Is Liable If My Car Is Involved In An Accident But I Was Not Driving?

If you own a car, you’ve probably loaned it to a friend or family member on occasion. Most of the time, your car is returned to you in good condition. What happens, though, when your car is involved in an accident while it was being driven by another person? That can become a somewhat complicated situation depending on your insurance and the at-fault party in the accident. The onus of legal and financial responsibility falls to the at-fault driver’s or vehicle owner’s insurance. That means if the person to whom you loaned your car caused the accident, you (as the vehicle owner) might be forced to bear some responsibility for property damage and injuries caused in the accident. Depending on your insurance policy, it may cover the costs of the accident because the insurance typically, although, not always, follows the vehicle. Be sure to verify the coverage your insurer affords you before you purchase a new policy. The insurance policy you purchase must meet the state of Georgia’s accepted requirements for liability. While you cannot completely eliminate the risk of an accident when your car is on loan, you can minimize the risk by fully examining and understanding the terms of your policy, and by setting certain rules of behavior for anyone borrowing your car, such as not drinking and driving and ensuring they are in possession of a valid driver’s license before allowing anyone not listed on your insurance policy to borrow your vehicle. You should only lend your car to trustworthy, responsible drivers. Maintaining constant insurance coverage, understanding the terms of your policy, and only lending your...

How To Recover From A Truck Accident

Passenger car and SUV drivers share roads and expressways with commercial trucks of all shapes and sizes. Driving among all those huge vehicles can be a dangerous situation. The following tips can help you avoid truck accidents that might leave you carless, seriously injured, permanently maimed, or, sadly, result in a loss of life. Whether you’re in front of a truck or behind it, give these behemoths plenty of room. Trucks needs a lot of distance to stop and they make exceptionally wide turns. Avoid trying to pass a truck making a turn. It’s better to wait a few minutes than to risk a life-threatening collision. Remember that most truck drivers can’t see you if you can’t see their mirrors. Trucks have large blind spots, so keep yourself in sight of their mirrors to avoid the risk of going unnoticed by the truck driver. Also, keep in mind that truck drivers sit much higher than passenger vehicle drivers and have a very different vantage point. If you are in a collision with a truck, first ensure that everyone is okay. Call 911 immediately if there are severe injuries. Do not hesitate. Once you’ve ensured that everyone has the medical help they need, take the following steps and precautions. Call the police and complete a police and accident report. Take this step even if you do not immediately notice damage to your car or person.ll your insurance company and provide them with the information on the police report. They will contact the trucking company’s insurance office. Share as little information as possible if you must speak to the trucker’s insurance...

Common Causes of Car Accidents

Car accidents happen every day, and sadly, many of them are avoidable. You can help safeguard yourself, your family, and your vehicle by being aware of the most common causes of car accidents and knowing how you can avoid them. The leading cause of most car accidents today is distracted driving. It can be hard to focus on the road when your phone is ringing, text messages are signaling their arrival, or kids are arguing in the back seat. Avoid those distractions by putting your phone on silent while you’re driving and instituting a quiet zone the kids know they have to respect. Due to the bright lights from approaching cars and the change in your viewpoint after the sun sets, driving at night increases the risk of a car accident. Make sure your headlights are in working order and your vision is not impaired before venturing out to drive at night. Also, make sure your turn signals are fully functional. This helps other drivers anticipate your maneuvers. Drive defensively, especially at night, maintain a safe driving distance, and be aware of all the drivers on the road. Sadly, drunk driving is also a large contributor to many collisions. It causes car accidents every day, even though they are easily avoidable by simply limiting alcohol consumption, assigning a designated driver, or using a shared ride service like Uber or Lyft. Finally, manufacturer defects can lead to many design and functionality flaws that can contribute to car accidents. Today’s cars have hundreds of moving mechanical and electronic parts. A single working part out of sync can alter the way your...

Why Medical Negligence Goes Further Than Just Doctors

If you’ve been the unfortunate victim of medical malpractice or medical negligence, your first instinct might be to hold the hospital or physician who treated you solely accountable, which might prompt you to file a medical malpractice lawsuit. Medical malpractice claims, though, can target many other healthcare professionals, facilities, and practitioners who play a role in your healthcare journey. Many times, the fault for medical negligence may be with your pharmacist. Compounding pharmacies are uniquely prone to misreading a prescription, overlooking a prescription’s details, mislabeling a prescription, and even simple human error. Mistakes at compounding pharmacies are far more commonplace than the average consumer might think because compounding pharmacies are tasked with mixing medications to meet the needs of each individual patient’s prescription. Compounding pharmacies are an absolute necessity, though, because many patients require a highly customized mix of pharmaceutical drugs. Some of those instances include custom dosage amounts, the removal of gluten or other allergy triggers, or unsanitary lab conditions. Compounded drugs pose a serious health risk when mixed or administered incorrectly. The very nature of their medical necessity, though, means they require diligence in safeguarding against medical negligence. Few things feel as mentally and emotionally devastating as having the medical treatments and prescribed medications you turned to for relief become an additional medical hazard. Fortunately, there are legal remedies available in cases of medical negligence. If you or someone you love has suffered a setback to your health because of an incorrectly formulated compounded drug or other medical negligence issue, we are here to help. The law office of Michael W. McElroy, PC can file a medical...