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Isenberg & Hewitt, PC | A Business And Personal Injury Law Firm | Since 1989
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Atlanta man injured on railway

On Behalf of | Dec 27, 2012 | Premises Liability

An accident involving a man that fell onto MARTA tracks and was pinned under his wheelchair could arise the question of whether the dangerous property caused the accident to occur. A senior MARTA officer hurried to the platform and saw the man in the dangerous position.

MARTA officials believe that the accident occurred because the man lost control of his wheelchair. They have observed surveillance footage of the accident that shows the wheelchair plunging forward, stopping and then going onto the tracks. The officer stated that the man was “able to clear the third rail and land in the middle” at the speed that the man was traveling at.

Other workers responded quickly by cutting power to prevent the next train from reaching the area at 40 miles per hour. The officer tended to the man on the tracks and assured him that emergency personnel were en route. The man who was injured said that he suffered a gash to his head and his motorized wheelchair is being repaired.

When a person is injured because of dangerous conditions on the property of another, he or she may be able to file a premises liability claim. Negligent maintenance may be to blame when a person is injured, or a person may be injured due to hazardous conditions, such as the lack of a safety precaution to prevent wheelchairs or strollers from accidentally entering a dangerous area. A premises liability lawsuit is a legal claim that asks courts to impose liability on a property owner who has left his property in a dangerous condition that resulted in a victim sustaining a personal injury. A victim may retain the services of a premises liability lawyer to seek damages, including compensation for medical expenses and pain and suffering.

Source: 11 Alive, “Man rescued after being pinned to MARTA tracks by wheelchair,” Dec. 19, 2012


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