Atlanta Personal Injury Law Blog

Understanding attractive nuisances

On behalf of Isenberg & Hewitt, PC posted in Premises Liability on Thursday, October 18, 2018.

Children have a natural curiosity and tendency for playfulness that are necessary for exploration and learning, but which can contribute to children finding themselves in situations that are dangerous. Property owners in Georgia should be aware that a person's property can have objects that can entice the children to venture onto the property and that can hold hidden dangers. They should also be mindful that if these objects also present some form of danger to the children, they are legally bound under the attractive nuisance doctrine to take the necessary steps to protect children who may wander onto the property.

There are three elements of the attractive nuisance doctrine. There is no expectation under the law for children to be able to fully comprehend that hazards they may encounter. The law attaches a special responsibility on property owners to prevent harm to children if the property owners believe that the children may access their property. Property owners who fail to fulfill their responsibility regarding protecting children on their property may be held liable for the injuries incurred by the children.

Halloween and premises liability law

On behalf of Isenberg & Hewitt, PC posted in Premises Liability on Friday, October 12, 2018.

Homeowners in Georgia may have their concerns about liability as Halloween approaches, and it's important to address them. For example, homeowners may turn on their porch light to invite trick-or-treaters; at that moment, they assume responsibility for any injuries that trick-or-treaters may incur. If they do not intend to invite trick-or-treaters, they should turn off the light.

Slips and falls are especially common, so homeowners must maintain well-lit pathways and warn of any potential hazards beforehand. To not do so would be an example of ordinary negligence, or failure to exercise the care that any reasonable person would exercise. Many homeowners insurance policies do cover slip and falls unless they are intentionally caused by the homeowner.

Safety tips for a house party

On behalf of Isenberg & Hewitt, PC posted in Premises Liability on Friday, October 5, 2018.

Georgia residents who host gatherings for friends or family members need to take steps to keep everyone safe. While the goal of a party is to have fun, accidents can happen with little warning. This could result in damaged property or arguments that hurt relationships. Ideally, a homeowner will only allow a limited number of invited guests to their event.

Homeowners should also consider issues that may arise when guests consume alcohol. If alcohol will be served at a party, there should be plenty of food to help counter some of its effects. Furthermore, it may be a good idea to ask that everyone who drinks have a designated driver to bring them home. Depending on how people are coming to the event, it may be a good idea to have a parking plan to prevent guests from doing so illegally.

How does your business handle customers who don't pay?

On behalf of Isenberg & Hewitt, PC on Wednesday, October 3, 2018.

Whether you own a Fortune 500 company or one of Georgia's many cottage industries, getting your customers to pay on time is critical to your success. In the beginning, you may have felt comfortable with a more flexible payment policy, but you quickly learned that this arrangement can cost your business dearly and even endanger its chances of survival.

If you are dealing with the challenge of getting your customers to pay what they owe you, you are one of many business owners with the same struggle. You can take some steps to reduce the chances of this happening and utilize some assertive methods of collecting what you have earned.

Did trick or treat end in a scary injury?

On behalf of Isenberg & Hewitt, PC on Tuesday, October 2, 2018.

While taking your children for trick or treat, you cautiously approach a neighbor's house. It looks fantastic, in keeping with the spirit of the spooky holiday, with strobe lights, shadows and a thick mist coming from a fog machine. Suddenly, someone in a ghastly mask leaps out from the shadows. It startles you, and you trip on a cord hidden by the fog and darkness, and wind up in the hospital with a broken leg or head injury.

Perhaps it doesn't play out exactly that way, but if your Halloween adventure ends in pain and suffering, you may wonder how liable your neighbor is for your medical bills.

How to avoid a fall

On behalf of Isenberg & Hewitt, PC posted in Slip & Fall Accidents on Thursday, September 27, 2018.

A slippery floor may result in a person falling while at a friend's house or while walking in an office building. It is also possible to trip on stairs or slip on a parking lot that hasn't been cleared of ice and snow. Falls can be especially dangerous because they can happen at any time and to any person regardless of what they are doing.

However, there are ways to mitigate the risk of slipping and falling. For instance, wearing sneakers or shoes that have adequate grip can make it easier to maintain balance on a wet or greasy floor. If a person notices that there is water or another liquid on the floor, he or she should take steps to clean the spill or notify someone about it.

Tips to stay safe while shopping

On behalf of Isenberg & Hewitt, PC posted in Premises Liability on Friday, September 21, 2018.

Walking through a parking garage in Georgia or anywhere else could make a person vulnerable to being attacked or losing property to a thief. This is because many people who are walking to their cars are looking at their phones or otherwise not paying attention to their surroundings. To lower the odds of an attack, it can be a good idea to shop during the day.

During the day, there are more people in a parking lot or garage, and thieves prefer to operate at night because they can operate under the cover of darkness to help them. Individuals can also protect themselves by using a credit card instead of cash and not wearing a lot of expensive jewelry. By being discreet, a person may not seem as attractive of a target to a potential criminal. When choosing a parking space, a person should look for one that is supervised by an attendant or security system.

The importance of premises liability coverage at airports

On behalf of Isenberg & Hewitt, PC posted in Premises Liability on Friday, September 14, 2018.

There are many responsibilities that go along with owning, leasing or operating on an airport in Georgia, one of which is insurance. This applies to people who may lease hanger space for purposes not involving aviation-related activities. Most agreements require leaseholders to have liability insurance related to possible instances of tenant negligence. Options with liability coverage include general liability, public liability and owner/landlord-tenant liability. However, it's premises liability that may be especially beneficial for anyone owning or leasing airport property.

The purpose of premises liability insurance is to cover expenses related to unsafe conditions on airport property. Some agreements that leaseholders are asked to sign include stipulations that may not be entirely fair. For instance, some agreements contain clauses that automatically pass all responsibilities to the lessee regardless of who the negligent party may be. For this reason, it may be helpful for individuals presented with such agreements to consult with an attorney first.

The various risks a grocery store may pose to consumers

On behalf of Isenberg & Hewitt, PC posted in Slip & Fall Accidents on Thursday, September 6, 2018.

Those who frequent Georgia supermarkets know that the floors can sometimes be slippery. Floors generally get slick when dish soap, water or some other liquid falls on them. However, other types of debris can also make a floor hazardous to walk on. In an effort to mitigate a potentially dangerous condition, grocery stores use mats or other surfaces that offer more grip. Stores may also try to keep floors dry by mopping and waxing them as needed.

To help ensure the safety of patrons, Argo Group has created a product that allows hazard data to be collected electronically. This ensures that the information is collected and that hazards can be eliminated as they are detected. If an accident does occur, the store can prove that it did its best to get rid of the hazardous condition. In fact, the accident can be reported as it happens, which can result in a claim costing 10 times less than if it were reported days later.

Lawsuit likely coming in Madden video game tournament shooting

On behalf of Isenberg & Hewitt, PC posted in Inadequate Security on Friday, August 31, 2018.

Georgia residents have likely heard about the shooting that took place on August 26. That is the day a 24-year-old man opened fire during a Madden video game tournament at GLHF Game Bar in Jacksonville. As a result, many survivors of the shooting are planning to file a negligence lawsuit. The attorney representing the potential plaintiffs has not said who the defendants may be. The bar itself is located in an area called Jacksonville Landing that is owned by the city.

According to the attorney, there have been other acts of violence in the area. Therefore, it could have been foreseen that something similar could have taken place at the Madden tournament. He also claimed that eSports involve a lot of money, which means that there should have been more security at the event. The event was a qualifying tournament for the Madden Classic.