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...

There Are No Minor Auto Accidents

Not all auto accidents are the tragic ones where someone dies or is seriously injured. There are far more minor auto accidents, where a driver or passenger sustains injuries that are not life-threatening, than the kind that make the evening news. However, even minor auto accidents can have a significant monetary impact, which is why you should look into your legal options if you have been involved in an auto accident. If you’re in a minor auto accident, it’s not a good idea to just shrug it off as a “fender-bender”. Here are a few of the costs you may incur as a result of your accident: medical bills (including therapy, rehab, and counseling); medication; transportation costs involved in your medical care; pain and suffering; in-home medical care; and costs for emergency or at-the-scene care. Plus, of course, there could be damage to your vehicle. These costs add up, and you should be paid for them. If you or someone you love has been in a traffic accident in Georgia, contact Michael W. McElroy, P.C., for a free legal...

Pedestrians Rules of the Road

Pedestrians and drivers often share the roadway, and it doesn’t always work out well for the pedestrian. According to National Highway Transportation Safety Administration statistics, over 4,000 people die every year as a result of a pedestrian accident. Even though pedestrians are the victims in these accidents, they are not always in the right legally. Georgia has very specific laws about pedestrians and drivers, and here are some responsibilities that pedestrians have. Pedestrians must exercise care not to make sudden movements or try to run in front of a car that does not have sufficient time to stop. Pedestrians are required to use the sidewalk whenever there is one available. If there is no sidewalk the pedestrian should walk facing traffic on the shoulder of the road. Pedestrians always have the right of way in a marked crosswalk. If there is no crosswalk, pedestrians must yield to cars unless they are already in the roadway. If you or someone you love has been in a pedestrian accident in Georgia, contact Michael W. McElroy, for a free legal...
A Spike in Traffic Deaths

A Spike in Traffic Deaths

After years of declines in the number of traffic fatalities in the US, that number has suddenly spiked in the last two years. In 2015 there were, 35,092 fatalities, up 7.2 percent from the year before, according to the National Highway Traffic Safety Administration. In the first six months of 2016 the trend continued, with 19,100 people losing their lives in motor accidents, according to the National Safety Council. The figures for 2016 represent an 18 percent increase over the same period in 2014. Why the sudden increase in traffic fatalities? Experts attribute some of it to lower gas prices and a healthier economy, which have caused more people to drive lately. More people on the road means more chances for accidents, of course. But the troubling part of this trend is that many of these accidents are preventable, if drivers would follow some very simple rules. Buckle your seat belt whenever you get into a car. The NTSB reports that almost half of the recent deaths have come when drivers or passengers were not wearing seat belts. Don’t drink and drive. Almost a third of the fatalities involved a drunken driver or speeding. Pay attention, and don’t use your phone for texting while you drive. One in ten of the fatalities involved a distracted driver. A big distracting factor involves cell phones, and it’s particularly rampant among younger people. A recent survey of teenage drivers reported that 43 percent admit to texting on their phones while driving. If people followed these three simple rules, we could reverse this troubling rise in traffic fatalities. If you or someone you...
Get Expert Legal Advice After An Accident

Get Expert Legal Advice After An Accident

There are more than five million automobile accidents in the United States annually, according to recent statistics from the National Highway Traffic Safety Administration (NHTSA). Almost two million drivers or passengers involved in those accidents receive serious injuries. To be a party in a traffic accident is a shattering thing, especially if it is more than just a minor, “fender bender” type of event. Accidents happen suddenly, and there is often confusion about how they happened and what actually occurred. Besides the initial shock and trauma, there are often other medical problems that crop up as time goes on. It can be a disturbing, scary time as the full effects of the accident begin to sink in. This is exactly why accident victims need the services of an experienced attorney like Michael W. McElroy, P.C. A top flight personal injury attorney can help you navigate the confusing landscape of legal, insurance, and medical issues that result from a serious traffic accident. Dealing with insurance companies in particular can be challenging for the layperson, and it’s advisable to get expert legal advice before you agree to any kind of financial settlement. There are many cases where victims have agreed to quick settlements to cover their initial medical bills, but the money is not enough to cover long term treatment for ongoing medical issues that result from the accident. If you or someone you love has been involved in a traffic accident, you need expert advice to help you get the best legal outcome. In Georgia, that means contacting Michael W. McElroy, P.C., for a free...
Medical Mistakes — More Common Than You Think

Medical Mistakes — More Common Than You Think

If someone asked you the top three causes of death in the U.S .each year, would you know the answer? Many of us would probably say heart disease, which is actually Number 1 on the list. A lot of people would know that cancer is a leading killer, and they’d be right — it’s the Number 2 cause of death each year. Do you know the third leading cause of death? The answer might surprise you — it’s medical mistakes. It’s not well known, and in fact there have been few studies on it, but Professor Martin Makary of Johns Hopkins University School of Medicine analyzed the data and found that more than 250,000 people die in the US each year because of medical mistakes. You probably didn’t know that because medical mistakes are not commonly listed on death certificates, and they are the source of the statistics. The people filling out the death certificates use terms like “heart attack” or “respiratory failure”; instead of “medical error”. Doctors are not in the habit of admitting mistakes, for a variety of reasons. The biggest one is that they could be open to malpractice lawsuits if they admit they erred, but there’s also the issue of the doctor/patient relationship, and the trust involved. Patients need to feel trust in their medical team, especially when their life is in danger, and admitting mistakes may dames that trust. However, mistakes do happen, and they are more common than most of us think. There are mistakes in diagnosis and treatment caused by miscommunication, ignorance, equipment failure, and dozens of other reasons. If you or...