Isenberg & Hewitt, PCAtlanta Personal Injury Lawyer & Business Law Attorney2024-02-22T16:01:55Zhttps://www.isenberg-hewitt.com/feed/atom/WordPress/wp-content/uploads/sites/1203354/2021/08/cropped-site-identity-32x32.jpgOn Behalf of Isenberg & Hewitt, PChttps://www.isenberg-hewitt.com/?p=527122024-02-21T14:41:46Z2024-02-21T14:41:46Zfirst part of this series, we discussed the details behind the Title IX law, the difference between immunity and deliberate indifference, and our experiences with Title IX laws. The second part of this series will include who is covered under this law, what actions are prosecutable and the details surrounding Title IX claims.
WHO AND WHAT ACTIONS ARE COVERED
Most independent or private educational institutions are, generally speaking, not subject to Title IX because they do not recover or accept federal funds or support. Title IX of the Education Amendments of 1972 is only applicable to educational institutions that receive federal funds or assistance. While recent (2020) U.S. Department of Education rules have modified, and in many ways rolled back Title IX protections, Title IX is still a powerful tool. The types of actions covered by Title IX include any form of sexual abuse, assault, or battery and can include bullying, including hazing, and other forms of harassment or abuse.
In Georgia and many jurisdictions, cases or claims rely heavily on notice and response to the misconduct. What a school knew or should have known about the misconduct and its response to such knowledge are key factors in determining if a Title IX case is valid. For example, did the school know or should it have known about the violative acts and/or actions, and most importantly, what did the administration do about it? Were they deliberately indifferent to the consequences?
If, for example, the misconduct is known or reasonably should have been known, it is the school’s responsibility to take appropriate action, investigate, and take reasonable and appropriate steps to respond.
A victim can initiate a claim with the U.S. Department of Health and Human Services, Office for Civil Rights, within 180 days from the incident(s); however, a complaint is not required and a private lawsuit under Title IX may be initiated without an official complaint. Timelines are always crucial in any case and will vary from state to state.
OUR EXPERIENCE
We have represented several students victimized by teachers throughout the years. In 2017, for example, Isenberg & Hewitt filed suit on behalf of a high school student who was sexually assaulted by one of her teachers. During litigation, we found several other young and vulnerable female students were also victims of the same teacher. We successfully represented five students victimized by this one predator.
In 2016, Isenberg & Hewitt filed suit on behalf of two young men who were sexually abused by one of their teachers. Civil actions against the school district and some of its officials were filed on behalf of the young male victims. Ultimately, we were able to achieve the highest award available in Georgia for such reprehensible conduct.
Public schools and teachers are aggressively defended, and pursuing justice against them can be costly and time-consuming. Every situation and every fact pattern are different. We can’t turn back the clock on these incidents, but we can do something when the unspeakable happens.
Want to learn more or talk about your case? Contact us at 770-202-9481.]]>On Behalf of Isenberg & Hewitt, PChttps://www.isenberg-hewitt.com/?p=526072023-12-18T14:12:23Z2023-12-18T14:12:23Z
Physical abuse occurs when a caregiver intentionally causes physical harm such as intentionally grabbing a patient with enough strength to leave bruises, and includes hitting, punching, kicking, or using restraints in a punitive way.
Another common problem within elder communities, in and outside of nursing homes or assisted living facilities, is financial abuse. Financial abuse can include stealing residents’ personal property or identities, misappropriating funds or convincing them to participate in a scam.
Emotional abuse occurs when a caregiver purposely causes distress, trauma or emotional suffering. These could include yelling, taunting, threatening harm, or ignoring the needs of their patients.
While people may not think sexual abuse occurs in nursing homes and assisted living facilities, this type of abuse can and does happen. This can include a caregiver touching their patient inappropriately or forcing them to engage in non-consensual sexual conduct.
Negligence is failing to meet the basic emotional, physical, and/or health care needs of patients and is unfortunately a reoccurring problem in nursing homes, assisted living facilities, and behavioral institutions. Negligence happens when a resident is isolated or abandoned; when the proper diet or medication is not provided; or when physical needs are neglected such as properly turning a disabled patient or failing to follow fall protocols.
Unfortunately, nursing home abuse is frequently underreported. The fear of retaliation from the caregiver if a patient or resident reports the abuse is a common reason why residents of nursing homes and assisted living facilities underreport abuse. Residents often feel embarrassed or ashamed or simply don’t want to acknowledge the abuse. However, many patients who are abused by their caregivers are not physically or cognitively capable of reporting the abuse. These instances should never happen but do in fact happen and too often go unreported.
What can you do to help potential victims of nursing home neglect or abuse?
Check in on your loved ones regularly. Stay in contact, ask questions, let them know you support them and take notes of any physical, emotional or psychological changes.
Keep up with your loved one’s finances and question any unusual financial transactions. You know your loved one’s habits better than anyone. Question any unusual changes or actions.
If you believe someone is being abused, report any concerns to the appropriate administrator or director of the facility. If the facility doesn’t make changes, refuses to take action or fails to respond, you can report the concerns to your local nursing home ombudsman. An ombudsman’s role is to resolve issues between the nursing home and the elderly patient through various types of informal mediation. Always keep documentation of any concerns, changes in behavior, wounds or bruising.
If you believe your loved one is in immediate danger, report it to your local law enforcement.
If your loved one is a victim of abuse, the Isenberg & Hewitt team is available to discuss your concerns, answer questions and make sure you are taking the necessary measures to protect your loved one and seek justice.]]>On Behalf of Isenberg & Hewitt, PChttps://www.isenberg-hewitt.com/?p=526062023-11-16T16:14:57Z2023-11-16T16:14:57Zcan sue the King, but a host of rules apply. Deliberate indifference, for purposes of suing a public educational institution, is akin to ‘on-purpose’. This means the administration must be aware that a dangerous condition exists, which may mean a predatory teacher. Here’s a great order we obtained in the case of App. County site.
We’ve represented a number of students victimized by teachers. Recently, adding to the difficulty in pursuing these cases, recent rules have narrowed the definition of what is considered sexual harassment and the “rules” to pursue claims are complicated.
OUR EXPERIENCE
We have represented several students victimized by teachers throughout the years. In 2017, for example, Isenberg & Hewitt filed suit on behalf of a high school student who was sexually assaulted by one of her teachers. During litigation we found that several other young and vulnerable female students were also victimized by the same teacher. We successfully represented five (5) students victimized by this predator.
In 2016, Isenberg & Hewitt filed suit on behalf of two young men who were sexually abused by one of their teachers. Civil actions against the school district and some of its officials were filed on behalf of the young male victims. Ultimately, we were able to achieve the highest award available in Georgia for such reprehensible conduct.
Public schools and teachers are aggressively defended, and pursuing justice against them can be costly and time consuming. Every situation and every fact pattern is different. We can’t turn back the clock on these incidents, but we can do something when the unspeakable happens.
Want to learn more or talk about your case? Contact us at 770-202-9481.]]>On Behalf of Isenberg & Hewitt, PChttps://www.isenberg-hewitt.com/?p=526052023-09-26T19:12:25Z2023-09-26T19:12:25Zinsurers of an individual’s safety – there is a duty, in every case, for landlords, operators of businesses, and management to protect against foreseeable dangerous conditions on and in the immediate area of their property.
This principle extends to nursing homes, behavioral health facilities, schools, churches, medical facilities, and legitimate massage businesses. All can be held civilly accountable for safe premises but also for the employees they hire. For example, just this year we helped a client in a lawsuit when her daughter was sexually assaulted by another store employee, who had prior sex convictions.
Seeking justice through the civil system not only provides a means of redress for victims, but it also serves as a powerful incentive for landlords and business operators to not neglect their property or duties. Being able to hold entities accountable for their negligence or complicity in enabling sexual assaults and sex trafficking sends a clear message that they have a duty of care toward tenants and visitors. This duty of care can help prevent future incidents.
If you or someone you know has been a victim of sexual assault or sex trafficking, it is important to consult with legal professionals who specialize in civil lawsuits – like Isenberg & Hewitt - to explore your rights and potential courses of action. Remember, justice is not only a moral imperative, but a fundamental right for every individual.]]>On Behalf of Isenberg & Hewitt, PChttps://www.isenberg-hewitt.com/?p=523002023-07-28T14:48:56Z2023-07-28T14:48:56Z
Pros:
A civil suit can provide compensation for past, present, and future medical expenses, care, and treatment for both physical and emotional damages.
Sometimes, regardless of the amount, prevailing in a civil suit against those individuals or entities that are negligent or responsible aids in the emotional healing process.
You are in charge and enabled.
Sometimes you can be a catalyst for change, hopefully making what happened to you or a loved one less likely to happen to others.
Cons:
The wheels of justice turn slowly. As a plaintiff, while your standard of proof is lower than in the criminal justice system, you also have the burden of proof. You must prove your case and that takes time.
While your lawyer may be able to keep some of your prior conduct, injuries or mental health history from disclosure, you may have to give up some of that privacy.
You will likely have to re-live much of the experience that led up to your injuries or the death of a loved one.
A judge or jury may disagree and not winning the case can be devastating to some claimants.
So, if you decide to pursue civil justice, who pays in a civil lawsuit? Rarely are victims of mass shootings or their families compensated by an assailant for their losses. Victims of mass casualty events, other than through statutory worker’s compensation, are often precluded from recovering compensation if the victim is killed or injured at, or in some cases, even in the area of the workplace. Unfortunately, in many states the law has either completely prevented - or made it almost impossible - to recover damages from an employer. ‘Almost impossible’ is the key phrase here.
Recovery through the civil justice system against an employer, landlord or business entity may be difficult, but oftentimes not impossible. We were privileged to represent several victims of a mass-shooting event in Georgia who were shot by a former employee returning to the workplace. While the courts precluded us from filing or pursuing an action against the company itself or its parent company, we were able to proceed against two other companies owned by the same parent company that participated in providing security to the workplace where our clients were employed and injured in the mass shooting event.
Let’s compare the law in Georgia to the law in Indiana where we are privileged to represent six of eight people killed in a mass-shooting event. The courts not only prohibit action against the employer but prohibit any action against the parent company or any company the parent company owns. (See. Johal et al. vs. FedEx Corporation et al., U.S. District Court for the Southern District of Indiana, Civil Action File No. 1:22-cv-00716-JRS-MG, Order dated October 17, 2022: …the injuries for which Plaintiffs seek redress allegedly "occurred by accident arising out of and in the course of employment." Sims, 782 N.E.2d at 349–50. And, because the Indiana Worker's Compensation Board has exclusive jurisdiction over the Act, this Court may not grant any relief on Plaintiffs' claims.) Our clients had either just clocked into work or had just arrived when they were all shot. Yet in Indiana, the law says only worker’s compensation is available. We are still pursuing the security company providing protection to the facility and the gun manufacturer.
A civil suit is a private lawsuit and, in most cases, you need to retain an attorney. This is different from a criminal proceeding in which a state's attorney files charges against the perpetrator on behalf of the people of the state. Most experienced and qualified attorneys pursue these civil cases on what’s called a ‘contingency’ basis – in other words, the attorney takes a portion of any compensation.
You need to select an experienced attorney with whom you are comfortable and with whom you trust. At Isenberg & Hewitt, we are experienced in handling civil suits brought on by active shooter situations and other mass casualties and we can help you. Give us a call at (770) 202-9480 or fill out our contact form.]]>On Behalf of Isenberg & Hewitt, PChttps://www.isenberg-hewitt.com/?p=522992023-08-02T13:39:42Z2023-06-16T18:28:26ZNational Human Trafficking Hotline, people can be vulnerable to trafficking if they:
Have an unstable living situation
Have run away from home
Are undocumented immigrants
Are living in poverty
Have a substance use issue or live with somebody who does
Are or have been victims of other violent crime
Victims of sex trafficking include all races, sexual orientations, citizenship status and socioeconomic backgrounds. The most common situations that sex traffickers use to lure would-be victims involve using psychological manipulation to gain trust, isolate the victim from friends and family, and then manipulate and threaten the victim. Another common situation to lure sex trafficking victims is using false job advertisements. These fake jobs lure victims out of their communities and away from their safety nets – often to other countries. Traffickers then take control of a victim’s identity documents like a passport and use blackmail and threats to gain control over the victim.
Oftentimes human-trafficking victims and sex-trafficking victims end up as captives at hotels, motels and extended stay facilities. The operators of these facilities share at least some of the responsibility for the harm caused to these victims – and area hotels have been sued in the past over sex trafficking. Similar to the responsibility of bars and restaurants over-serving patrons, these hospitality business owners and their employees should be trained to recognize the signs of human and sex trafficking predators and their victims. Appropriate training and policies, procedures, guidelines and mandates need to be in place to ensure awareness among hospitality employees.
Predators also look for employment at facilities that provide access to vulnerable people. To do their due diligence in preventing sex trafficking, employers should conduct thorough background checks on prospective employees; install and ensure reasonable and appropriate surveillance systems; and ensure proper lighting are present.
Still, scores of young women and children are being sold for sex on a nightly basis, not only in Atlanta, but across this country. So, what can we do to help?
Know some of the telltale signs of sex trafficking. According to the National Human Trafficking Hotline and U.S. Immigration and Customs Enforcement, a sex trafficking victim may:
Be transported by guards between home and their workplace
Have a controlling guardian, romantic partner, etc. who limits who they speak to, what they say, where they go, their spending or their identity documents
Live where they work
Work in an industry that makes it easy to be pressured into performing sex acts for money
Have traveled for a specific job but is employed in a different job than expected
There are many online resources to learn about sex trafficking. FEMA, for example, publishes a number of ways we can work together to prevent human trafficking. Among the FEMA suggestions are understanding risk factors, knowing what to do and who to contact when you suspect a human trafficking situation, and educating yourself and others to understand and recognize human trafficking.
Law enforcement personnel, first responders, victim advocates, faith-based organizations, and federal, state and local emergency management organizations all have information available. We urge everyone to visit the Department of Homeland Security’s website and familiarize themselves with the Blue Campaign and training resources available at https://www.dhs.gov/topics/ human-trafficking.
At Isenberg & Hewitt, we have successfully prosecuted cases of sexual abuse, rape, and child molestation and are well versed in representing and advocating for victims of sex trafficking. If you or someone you know is a victim of sex trafficking or other sex crimes, first reach out to law enforcement, then contact Isenberg & Hewitt. We are here to help!
]]>On Behalf of Isenberg & Hewitt, PChttps://www.isenberg-hewitt.com/?p=522962023-04-20T17:12:31Z2023-04-20T01:32:21Zregistered sex offender and was previously convicted of child molestation. This information was all on record and for the most part accessible by a Google search had this or any company done a simple background check, this information would have come to light and this man hopefully would not have been hired to a position to supervise minors. My client would never have been “groomed” or been impregnated by a convicted felon.
With an increase in labor shortages and the rise of inflation, more and more teenagers — minors — are entering the workforce to help bring added income into their households. Businesses that rely on teenage labor should require mandatory background checks so that no one with a history of harming children is put in a position of authority over them. It’s also simply irresponsible to not inform parents and guardians that their child may be working alongside a convicted child molester.
While I honor National Crime Victims’ Rights Week and will always speak for victims, I also want us to use common sense in preventing this kind of reprehensible action from happening. The tools are out there, let’s hold corporations responsible if they don’t use them to protect our children or families.]]>On Behalf of Isenberg & Hewitt, PChttps://www.isenberg-hewitt.com/?p=522952023-04-17T07:40:16Z2023-04-17T07:40:16Zactive shooter at Hartsfield-Jackson Atlanta International Airport, alarming and confusing travelers. While it was thankfully a false alarm – someone accidentally discharged a weapon, although no one was shot. However, fears of an active shooter at the busiest airport in the world prompted widespread panic.
While the threat of a mass shooting event is real, there are steps everyone can take to prepare themselves and protect others. If you find yourself in a situation where an active shooter is present, knowing what to do can help save your life and the lives of others. The U.S. Department of Homeland Security recommends that, in an active shooter event, you do the following:
Evacuate – If Possible [RUN]
Wherever you are, at home, at work or at play, you should always be aware of and take note of your surroundings and any potential dangers. Try to have at least two escape routes and plans in mind. If you must flee due to the presence of an active shooter, do so, regardless of whether others follow you. Leave your belongings behind, try to help others escape if you can, and attempt to prevent more people from entering the area.
Stay Out of Sight [HIDE]
If you cannot evacuate, find a place to hide out of the active shooter’s view to reduce the chances that they will see you. If shots are fired in your direction, try to move to an area that offers protection but does not limit your movement options. If you can get behind a locked door, blockade it with something heavy, if possible. Silence your phone, turn off any other sources of noise, and remain as quiet as you can.
Disrupt or Disable [FIGHT]
As a last resort, and only if your life is in immediate danger, you can try to disrupt or disable the shooter by yelling loudly, acting aggressively, throwing items, or improvising weapons. At this point, there is no turning back, and you must commit to acting against the shooter.
Assist Others
Once you feel secure, help those wounded get to safety and provide immediate care as needed, if you can do so. But remember: Take care of yourself before you attempt to help anyone else.
Next Steps
When law enforcement arrives, stay calm and heed their instructions. Avoid making any quick movements and move in the direction from which the officers enter the premises – without stopping or asking the officers for help or guidance. If you can, give law enforcement a description of the shooter(s), their location, the number and type of weapons being held, and the number of potential victims.
After the first officers arrive, rescue teams of additional officers and emergency medical personnel will likely arrive next. Once you have reached a safe location, law enforcement will typically hold you in that area until the situation is under control and all witnesses have been identified. Don’t leave until the authorities instruct you to do so.
RUN – HIDE – FIGHT are the best practices for those of us NOT in law enforcement, first responder or security. Knowing what to do if you’re involved in an active shooter situation can save your life and the lives of others. You can learn about what constitutes an active shooter event and about some lawsuits involving the foreseeability of active shooter events and holding those charged with a responsibility to keep a premises safe in Part 1 of this blog series. If you or a loved one have been injured in a tragic shooting event or have questions, please contact Mel Hewitt at Isenberg & Hewitt.]]>On Behalf of Isenberg & Hewitt, PChttps://www.isenberg-hewitt.com/?p=522882023-03-22T09:41:15Z2023-03-21T16:31:24ZGun Violence Archive (GVA). The GVA defines a mass shooting as an event in which four or more individuals (besides the shooter) are shot and injured or killed in a single incident. Under this definition, there have been 2,697 mass shootings in the U.S. between 2014 and 2020.
According to data compiled by the FBI, between 2000 and 2008, an average of seven active shooter events happened each year. However, from 2009 to 2016, 210 such events – an average of about 21 per year – occurred. Nearly half of these incidents happened in education, retail, or government settings, but no matter where they occurred, significant economic losses, including the following, usually resulted:
Medical costs
Funeral expenses
Counseling bills
Property damage and cleanup
Security upgrades
Crisis management costs
Business interruption/event cancellation
Criminal fines or penalties
Although most active shooter incidents don’t last long – often less than 15 minutes – they cause devastating damage, loss, and expense for victims and affected businesses.
The Foreseeability of Active Shooter Events
In most jurisdictions, a business owner is not liable to someone injured by the criminal acts of a third party unless the act was foreseeable. According to Section 344 of the Restatement (Second) of Torts, “Since the possessor is not an insurer of the visitor’s safety, he is ordinarily under no duty to exercise any care until he knows or has reason to know that the acts of the third person are occurring, or are about to occur.”
Historically, courts have found that the actions of mass shooters are so unexpected and remote that no rational juror could find that a business owner should have foreseen them. Claims based on the duty to warn have been equally unsuccessful, and numerous juries have found that no duty to warn existed. For example, Indiana’s imposing foreseeability law makes it extremely difficult for plaintiffs to recover in mass shooting cases. Mass shootings have also sparked numerous lawsuits, where courts are tasked with assigning liability to various businesses and individuals, such as:
Owners and operators of venues where mass shootings occur
Event promotors
Security companies
Law enforcement
The shooter’s immediate family
Employers
Mental health professionals
Gun shops where the shooter acquired weapons
Organizations that fail to report gun ownership disqualifying information to authorities
Anyone who might have intercepted the shooter’s plan but did not
Determining liability for active shooter events frequently begs the question – are these types of events foreseeable?
However, as mass shooting incidents happen more frequently and garner greater attention, the opinion regarding whether or not these events are foreseeable has started to swing. Georgia, for example, has taken a challenging but somewhat less restrictive approach to the foreseeability issue. In Shadow v. Federal Express Corporation, which is currently pending in the Georgia Supreme Court, plaintiff Melissa Shadow is appealing a court of appeals split decision regarding the issue of foreseeability of the risk of a workplace mass shooting. Shadow was shot by a fellow package handler who went on a shooting rampage at the Kennesaw FedEx package sorting facility where she worked.
This case has exposed a crucial split of the Georgia state appeals court regarding the foreseeability of active shooter acts: one line of cases favors the landowner or proprietors based solely on previous criminal acts on the premises. The other, based on known dangerous conditions or characters, questions whether such acts are indeed foreseeable. The outcome of future mass shooting cases might depend on which path the Georgia High Court elects to follow.
If you have questions, please contact Mel Hewitt at Isenberg & Hewitt.]]>On Behalf of Isenberg & Hewitt, PChttps://www.isenberg-hewitt.com/?p=522852023-03-14T15:59:10Z2023-03-14T15:59:10ZOfficial records
Court records, police reports and even medical records can be crucial pieces of evidence in a personal injury claim. Someone's arrest and the police report attached to the incident could help support appointed allegations. Their prosecution in criminal court could also lead to valuable evidence that can play a role in establishing someone's right to initiate civil proceedings.
Medical records can help establish the extent of someone's injuries and also help reinforce the timeline for the situation. Court records might help show a pattern of bad behavior on the part of the defendant that could help the plaintiff convince the courts of intentional misconduct.
Witnesses and video footage
Often, the prosecution of an assailant or criminal will lead to a cache of evidence gathered by professionals. Witness statements gathered by the police, surveillance footage played in criminal court and physical evidence gathered at the scene of the crime could all help conclusively connect the other party to the incident and establish their misconduct for the purposes of a civil claim.
Even if there wasn't enough evidence for the state to press charges or a prosecutor to secure a conviction, there may be sufficient evidence to pursue justice in the civil courts. A lawyer can help someone obtain the video footage, witness statements and other forms of evidence necessary to develop their claim.
Those who are feeling overwhelmed at the prospect of gathering evidence and filing a claim in court will typically benefit from having legal representation during the process. Discussing the criminal activity that affected a family with a legal professional can help families to pursue justice as efficiently and effectively as circumstances allow.]]>