Isenberg & Hewitt Blog

Overview of airport premises liability

On behalf of Isenberg & Hewitt, PC posted in Premises Liability on Tuesday, October 15, 2019.

Premises liability is the legal theory stating that property owners are responsible for any bodily injuries and property damage that lawful entrants incur. This theory holds even for the owners, operators and lessors of airports in Georgia, so they may want to make sure they have premises liability coverage. In many cases, they can add it via an insurance endorsement. Adding a separate general liability policy may set them back $750 to $2,000 for the premium alone.

There are several types of liability coverage, including general liability, public liability, premises liability and OL&T liability, or owner, landlord and tenant. The differences between them are minor. Whatever they choose to add, airport owners will want to read over the contract thoroughly for any clauses that might prove to be unfair to one or the other party.

Despite regulations, truckers could drive while drowsy

On behalf of Isenberg & Hewitt, PC on Thursday, October 10, 2019.

Truck drivers have an important and difficult job. You and many other drivers may often see them as a nuisance or fear the harm they could cause if a crash occurs, but truckers often have grueling, long shifts on the roads of Georgia and across the country. Unfortunately, these long shifts could contribute to prolonged periods of fatigue.

Fatigue and drowsiness are serious dangers to drivers and other travelers. In fact, approximately 100,000 crashes occur every year due to drowsy driving. When this type of accident involves a tractor-trailer, you can likely imagine the damage that could occur.

Measures for avoiding premises liability claims

On behalf of Isenberg & Hewitt, PC posted in Premises Liability on Thursday, October 10, 2019.

Business owners in Georgia need to do all they can to avoid accidents on the property because if they involve a visitor or customer rather than an employee, accidents can lead to premises liability claims. Slip-and-fall accidents are behind many of these claims, so owners may want to start by addressing hazards like wet floors, torn carpeting, ice on the sidewalks and potholes in the parking lot.

There are plenty of other dangerous conditions that owners must do something about. For instance, customers in a retail store may be injured by falling merchandise. There's also the question of security. If the neighborhood is known to be crime-ridden, owners should consider hiring guards. Otherwise, entrants may wind up the victims of assault and sue the owners because of it.

How to minimize liability on Halloween

On behalf of Isenberg & Hewitt, PC posted in Premises Liability on Wednesday, October 2, 2019.

Those who wander onto another person's property on Halloween night in search of candy could slip, trip or otherwise hurt themselves. Homeowners in Georgia and throughout the country may be liable for paying damages to injured victims. However, there are steps that an individual can take to minimize the possibility that an accident occurs on his or her property. For instance, it can be a good idea to make sure that extension cords aren't in a visitor's path.

Individuals who allow children to take candy from them should be sure that it is free of nuts or other allergens. Those who do hand out candy with nuts should warn a child or a child's parents before doing so. Other steps that can potentially prevent a person form getting hurt include keeping a walkway clear and keeping a dog on a leash. It may also be a good idea to forego strobe lights or fog as it might trigger negative reactions from guests who have epilepsy or asthma.

Walmart sued by shooting victims

On behalf of Isenberg & Hewitt, PC posted in Premises Liability on Wednesday, September 25, 2019.

Georgia readers were likely horrified by the Aug. 3 shooting at an El Paso, Texas, Walmart Supercenter that left 22 people dead. Now, four members of a family who were caught up in the tragedy have filed a lawsuit against Walmart Inc., Walmart Stores Texas LLC and the man who committed the shooting.

Two members of the family involved in the lawsuit suffered gunshot wounds during the massacre. One of them, a male, has gone through 13 surgeries and remains in critical condition. According to the lawsuit, Walmart was negligent for failing to provide onsite security on the day of the shooting. This position challenges a long-time legal stance that contends shopping center owners and retailers are not legally liable for violent acts that take place on their property. If the claim succeeds, it could change the way retailers approach security on their premises.

How safe are you at the mall?

On behalf of Isenberg & Hewitt, PC on Monday, September 23, 2019.

Shopping malls may not bring the kind of traffic they did a few decades ago. However, some mall owners are shifting their thinking in light of online shopping. More restaurants and entertainment businesses are taking the place of clothing and shoe stores.

Nevertheless, malls are still places where young people can gather to meet their friends and shoppers can see in person the items they want to buy. Malls are also places where the criminal element will come. The reason is simple. Malls provide a pool of potential victims in a vulnerable situation. In other words, there is plenty of opportunity to commit a crime.

Family of Georgia Tech student killed in shooting sues

On behalf of Isenberg & Hewitt, PC posted in Wrongful Death on Thursday, September 19, 2019.

The parents of a Georgia Tech student who was killed by campus police in September 2017 have filed a wrongful death lawsuit against the school. The Board of Regents and the officer involved in the shooting were also named in the lawsuit.

Prior to the shooting, the 21-year-old engineering student was on campus holding a multi-tool and yelling for police to kill him. Five campus police officers responded to the incident and surrounded the student. The student continued to yell at police while officers initiated negotiation and de-escalation tactics. After repeatedly asking the student to drop the weapon, the student didn't comply and walked toward the officers. One of the officers fired then a shot at the student, hitting him in the chest. He later died at the hospital.

Walmart sued over El Paso mass shooting

On behalf of Isenberg & Hewitt, PC posted in Premises Liability on Wednesday, September 11, 2019.

Concern over mass shootings reached new heights in Georgia and around the country in August when incidents in Texas and Ohio claimed 32 lives on consecutive days. The Texas shooting took place in an El Paso Walmart store and was perpetrated by a man who seems to have specifically targeted Latino employees and shoppers. A married couple who were injured in the attack while shopping with their children have filed a premises liability lawsuit against Walmart that alleges the Arkansas-based retailer could have done more to protect its workers and customers.

The couple's lawsuit, which was filed in a district court on Aug. 30, questions Walmart's decision not to post armed security guards at store entrances and points out that the company's stores have been the scene of violent events in the past. The litigation calls the alleged oversight an act of gross negligence. The male plaintiff is still listed in critical condition after being shot in the spine. The woman is recovering from a gunshot wounds to her legs.

How to avoid getting bitten by a dog

On behalf of Isenberg & Hewitt, PC posted in Premises Liability on Friday, September 6, 2019.

According to an agent from State Farm, most dogs in Georgia and throughout the country will not bite. However, it is also important to remember that any dog has the potential to bite. California, Illinois and Ohio were the states that had the highest number of bites in 2018. State Farm alone has paid $1.1 billion in dog bite claims over the past decade, and more than 50% of bite victims are children.

A bite can lead to negative consequences for both the person who was attacked and the animal that caused it to happen. Victims may have both emotional and physical wounds long after a bite occurs. A dog may be put down if it bites a person, so it is important to know how to prevent such an incident from taking place. Ideally, a dog will be socialized at an early age and exercised on a regular basis.

School bus safety takes a front seat now that school has started

On behalf of Isenberg & Hewitt, PC on Thursday, August 29, 2019.

School has started here in Atlanta. If you send your child off to school via bus, you have good reason to worry for their safety. One of the most hazardous times for your child is when he or she is waiting for, getting on or getting off the school bus. Too many horror stories exist about children suffering serious or fatal injuries while at a bus stop.

Yes, accidents involving school buses do happen, but a good portion of the incidents happen while waiting for, and getting on and off the school bus. In fact, the National Highway Traffic Safety Administration says that your child is in the safest vehicle possible when riding in a school bus. It's while outside the bus where the danger increases dramatically.