Ponton Law Blog
Under Georgia Code § 51-3-1, a business or property owner can be held liable for injuries caused by “failure to exercise ordinary care in keeping the premises and approaches safe.” This type of claim is called a premises liability lawsuit. Most premises liability claims are handled by commercial insurance companies—and these insurers are ready to aggressively protect their financial interests. Our founding attorney James Ponton is a former insurance company defense lawyer. We want to make sure injured victims and their families are prepared for what to expect in the personal injury claims process. Here, our Atlanta premises liability attorney discusses some of the most common legal defense strategies that you should be prepared to go up against. Trespassing In Georgia, businesses and property owners owe very limited responsibilities to trespassers. Even if a person was harmed by an unreasonably dangerous safety hazard..
Motor vehicle collisions happen every day in Atlanta. The Georgia Department of Public Health reports that automobile accidents are the “leading cause of injury deaths and the second leading cause of hospitalizations and ER visits” in the state. Georgia is a fault-based auto accident liability jurisdiction. Whoever is responsible for the crash is liable for the damages. Unfortunately, not all drivers are honest after a crash. You may be wondering: How can I protect myself if the other driver is lying about how my car accident happened? Here, our Atlanta auto accident lawyer highlights five things that you should do if you get involved in a crash and the other driver is lying about it. Seek Immediate Medical Treatment for Serious Injuries There is nothing that comes before an emergency medical need. Get immediate medical attention if you were seriously injured in a crash. Yo..
Bicycles are a popular form of transportation, recreation, and exercise. Unfortunately, too many motorists in our region still fail to safely share the road with bikes. It is crucial that all cyclists take proper care to protect their own health and well-being. You may have questions about the bicycle helmet laws in Georgia. Here, our Atlanta bicycle accident lawyer provides an overview of Georgia’s bike helmet laws and explains why it is so important for every rider to wear a helmet. Georgia Law: Cyclists 16 Years of Age and Under Must Wear a Helmet Bicyclists in Atlanta and throughout the surrounding communities are required to comply with Georgia’s bike helmet laws. The state requires bike helmets for younger riders. Under O.C.G.A. § 40-60-296 (e)(1): “No person under the age of 16 years shall operate or be a passenger on a bicycle on a highway, bicycle path, or sidewalk under the jurisdiction or control of this state or any local political subdivision thereof without wearing a bicycle helmet.” A bike helmet should me..
According to a report from WSB-TV 2, a 16-year-old girl was attacked and injured by a dog in Clayton County. The dog has been returned to the owner by local animal control and the parents are demanding answers about how they can keep their children safe in the neighborhood. In this article, our Atlanta dog bite attorney provides a more detailed overview of the attack and explains the most important things you should know about Georgia’s dog bite liability laws. Two Rottweilers Attacked a 16-Year-Old Girl in Jonesboro, GA WSB-TV 2 reports that a Jonesboro, GA father received a call from his 17-year-old daughter. She told him that her younger sister (Sanyah Aquil) was being attacked and mauled by two rottweilers. The teenage girl suffered serious injuries in the attack. In total, she was bitten by the dogs more than 30 times. A significant amount of blood was lost in the attack. The sisters were reportedly leavi..
Also referred to as staging, scaffolding is a temporary structure used to support a crew that is doing construction and/or repair work. With our region’s boom in construction, scaffolding is a near ever-present site in Atlanta. Defective, poorly installed, or otherwise problematic scaffolding poses a serious safety risk. In this article, our Atlanta construction accident injury lawyer provides an overview of scaffolding safety laws in Georgia and explains what you should know about your legal options if you are involved in an accident. Thousands of People of are Injured Each Year in Scaffolding Accidents According to data cited by the Occupational Safety and Health Administration (OSHA), there are approximately 4,500 scaffolding accident injuries and 60 scaffolding accident fatalities reported each year. Most of these accidents occur on construction sites—with falls being the primary cause. Georgia Requirements for Scaffolding and Staging Design There are federal and state regulations t..
Motorcycle accidents have been on the rise in recent years. According to data from the Georgia Department of Driver Services, “motorcyclists are consistently overrepresented in traffic fatalities.” In fact, motorcyclists are ten times more likely to be killed in a crash than other drivers. As a motorcyclist, it is crucial that you know your rights and responsibilities. In this blog post, our Atlanta motorcycle accident attorney explains the key things that riders need to know about motorcycle safety laws in Georgia. Know Your Rights and Responsibilities as a Motorcyclist in Georgia Georgia has laws in place to help keep the roads as safe as possible for motorcycle riders. Here is an overview of the most important things that all motorcyclists should know about our state’s motorcycle laws: You Have the Responsibility to Obtain a License: To lawfully operate a motorcycle in Georgia, a rider should obtain a Class M licens..
Motor vehicle wrecks have long been a leading cause of accidental injuries and accidental deaths in our country. Sadly, there is now strong evidence that indicates that the rate of serious car crashes is rising. As reported by The New York Times, traffic collisions in the United States started surging shortly after the COVID-19 outbreak—and they are showing no signs of slowing down. In this article, our Atlanta auto accident lawyer discusses the worrying surge in motor vehicle collisions over the past 24 months. NHTSA: 15-Year High in Traffic Fatalities in 2021 (Record Rate of Increase) When the COVID-19 pandemic hit Georgia in March of 2020, there was an immediate decrease in driving. In Atlanta, there was a nearly 50 percent decrease in traffic volume during the slowest days of the pandemic. As traffic volume gradually returned to normal, there was a noticeable increase in the rate of car accidents. The..
A hospital should be a safe place. Sadly, that is not always the reality—and slip and fall accidents are one of the top safety hazards in hospitals. According to a study published by the United States National Library of Medicine, approximately 100,000 people are injured nationwide in fall accidents each year. Here, our Atlanta slip and fall lawyer explains the key things to know about hospital slip and fall accidents in Georgia. Common Causes of Hospital Slip and Fall Accidents Hospital slip and fall accidents can happen for a wide range of different reasons. For the most part, these accidents could and should have been prevented with property safety measures. Some of the leading causes of slip and fall accidents in hospitals and other medical settings include: Wet/slippery floors;Damaged rugs or carpets;Loose or broken floor boards;Damaged stairs; Lack of lighting in hallways or stairwells; andLack of proper oversight of patients by h..
Nobody travels to an airport with expectations of suffering a serious injury there. However, airports, just like other public places that are frequented by large numbers of people, can have a wide variety of hazards that can result in debilitating injuries. Indeed, airport injuries may be more common than you think. Common examples of injuries that happen at airports include slips and falls in the terminals or waiting areas, escalator and elevator injuries, pedestrian accidents involving airport vehicles or oncoming traffic in the pick-up or drop-off areas, train or tram accidents when a passenger is moving between terminals, and injuries involving luggage conveyor belts. If you were recently injured at Hartsfield-Jackson International Airport, or at another airport in Georgia, one of our experienced Atlanta airport injury attorneys can help you to file a claim. In the meantime, we want to provide you with more information about the steps you should take after an airport injury in order to seek financial compensation for your losses. Document the Injury and the Area Where It Happened..
Construction accidents in the Atlanta area can be devastating, and construction workers can sustain severe and life-threatening injuries. Indeed, according to the Occupational Safety and Health Administration (OSHA), the construction industry is responsible for the highest rate of fatal job accidents, and the “fatal four” most commonly are the cause of a deadly construction accident injury. Those categories include falls, struck-by accidents, caught-in or between accidents, and electrocutions. Of course, many other types of injuries can also occur on construction sites. When can a construction worker file a lawsuit in order to seek compensation? For many construction accidents that result in injuries, the injured construction worker can only seek compensation by filing a workers’ compensation claim, according to the exclusive remedy provision under Georgia law. The exclusive remedy provision says that injured workers cannot sue an employer for negligence when an injury happens at work. However, it is critical to know that there are some key exceptions to the exclusive remedy provision, and those exceptions may be applicable to a construction injury claim. Our Atl..