Ponton Law Blog
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..
When you stay at a hotel or motel in the Atlanta area, or you visit a retail establishment or nightclub, you should be able to expect that the property or business owner has taken reasonable care of the property so that you will not sustain injuries. In many circumstances, the idea of the property owner being liable for injuries caused by hazards on particular premises often involves issues like slip and fall accidents, swimming pool accidents, or even animal attacks on the property. Yet in some cases, a property owner may be responsible for injuries that occur in an assault on their premises. Although the perpetrator of an assault may be directly responsible for your injuries, you should know that the owner of the premises where the assault occurred may also be responsible if the assault ultimately was able to occur because of negligent security on the premises. While different states have specific laws concerning negligent security claims, Georgia typically requires a plaintiff to be able to show that the assault was foreseeable. Our Atlanta negligent security attorneys can say more about when you may be able to hold a property owner accountable for negligent security due to an assault on the premises...
Car accidents can happen for many different reasons in the Atlanta area, and most of them involve negligent motorists. To be sure, when the driver of a car, truck, or motorcycle does not drive in a reasonably safe manner, vehicle occupants and other motorists on the road can sustain serious and life-threatening injuries. One cause of car accidents that does not get discussed as often as it should is road rage. According to the AAA Foundation for Traffic Safety, road rage often grows out of aggressive driving, and it can result in intentional harm to other motorists on the road. The following are five things our Atlanta car accident lawyers want you to know about road rage accidents and claims in Georgia. 1. Aggressive Driving and Road Rage Are Connected According to AAA, aggressive driving and road rage are related, with some aggressive driving behaviors escalating to road rage. Indeed, as AAA explains, aggressive driving behaviors that include “tailgating erratic lane changing or illegal passing” can “escalate to road rage, which is a violen..
When a person has sustained serious personal injuries in an accident, it may be possible to seek multiple forms of compensation by filing a personal injury lawsuit. Yet in some personal injury cases, the issue of comparative fault, which is also sometimes known as comparative negligence, may arise. What is comparative fault, and how can it impact your personal injury lawsuit? Our Atlanta personal injury attorneys can tell you more about Georgia’s comparative fault law and how it could come into play when you file a lawsuit against a negligent party who caused your injuries. What is Comparative Fault? To understand how comparative fault could affect your personal injury case, it is important to understand first how comparative fault works. Comparative fault, or comparative negligence, is an affirmative defense that the defendant may raise in order to reduce his or her liability. When a defendant raises the defense of comparative fault, that defendant is saying that the plaintiff also bears some responsibility for the accident that resulted in injuries, or..
Vehicle accidents can cause serious harm and even death. Head-on collisions are exceptionally dangerous to drivers and passengers because the impact is concentrated directly into the car. Catastrophic harm can be created when vehicles moving at high speeds come into contact. The Devastating Impact of Head-on Collisions Head-on collisions are one of the most serious types of vehicle accidents. A head-on collision can lead to severe permanent injuries or even death. Serious injuries include: Spinal injuriesLoss of limbsBrain damageSerious blood loss Are There Ways to Limit the Damage Caused by a Vehicle Accident? Accidents are extremely scary and confusing. There are several steps that can be taken before, during, and after an accident that may help to lessen the damage done. Before an accident: Slow down: Increased speed lessens..
Serious car crashes happen daily in our region. The Georgia Department of Public Health reports that motor vehicle collisions are the second-leading cause of emergency room visits in the state. Following a major crash, you need full and fair financial compensation to pay your medical bills. Additionally, you may also be entitled to money damages for the pain and suffering you endured. This raises an important question: How is the value of pain and suffering determined in a personal injury case? The short answer is that courts will look at a victim’s economic damages and the specific nature of their injury. Here, our Atlanta auto accident lawyer provides a more detailed overview of how pain and suffering are calculated after a motor vehicle collision in Georgia. Pain and Suffering: Defined A car accident is traumatic. Not only can a collision cause severe injuries, but victims often endure significant physical, psychological, and emotiona..
According to a report from the Atlanta Journal Constitution, a construction worker was killed when a portion of a bridge collapsed in Newton County. Demario Battle, an employee of B&D Concrete Cutting Inc, was identified as the victim of the tragic accident. Two other construction workers also suffered serious injuries and were hospitalized. Here, our Atlanta construction accident attorney explains what we currently know about the bridge collapse and provides an overview of construction accident claims in Georgia. 70 Foot Section of a Bridge Fell Into the Yellow River in Newton County, Georgia The Atlanta Journal Constitution reports that comprehensive repair and rehabilitation work was underway on the Access Road bridge on Interstate-20. The section of the highway is located near exit 88, in Covington, Georgia. A general contractor (Georgia Bridge and Concrete) and a subcontractor (B&D Concrete Cutting Inc.) were both actively working on the construction site at..
In Georgia, businesses and property owners have a responsibility to look out for the health and well-being of the people on their premises. Under OCGA § 51-3-1, a business or property owner in Atlanta may be liable for injuries caused by a “failure to exercise ordinary care in keeping the premises and approaches safe.” A business or property owner may even be liable for a criminal assault by a third party if that attack occurred, at least in part, because of a failure to take adequate security precautions. Here, our Atlanta negligent security attorney highlights four key elements that you need to prove to bring a successful negligent security claim in Georgia. A Duty of Care To hold a business or property owner liable for injuries caused by negligent security, a claimant must prove that the defendant owed them a duty of care. As noted, Georgia businesses and Georgia property owners owe a duty of care..
Were you hurt in an accident caused by another party’s negligence? If so, you have the right to seek compensation through a personal injury claim. However, you only have a limited amount of time to initiate the process. This raises an important question: How long do you have to file a personal injury claim in Georgia? Most cases are subject to a two-year statute of limitations. Here, our Atlanta personal injury lawyer provides a more in-depth explanation of the statute of limitations. Two-Year Statute of Limitations for Most Personal Injury Claims in Georgia The statute of limitations is a law that sets the maximum amount of time you have to pursue a certain type of legal claim. In Georgia, the personal injury statute of limitations is set by OCGA § 9-3-33. Under the law, most “actions for injuries to the person shall be brought within two years after the right of action accrues.” In oth..
There are countless businesses across Atlanta, and many of these establishments welcome members of the public onto their premises. Shoppers and patrons deserve to feel safe at all times, but sometimes businesses fail to provide an adequate level of security. In some cases, members of the public can be seriously harmed due to violent, criminal acts that occur on business premises. These individuals can then file a negligent security lawsuit against businesses. If you have been injured or harmed in any way due to negligent security, it’s important to know when a business is actually liable for your damages. The best way to figure this out is to get in touch with a qualified, experienced negligent security attorney in Atlanta. Our legal professionals can review your situation carefully before determining whether the business in question was actually negligent. If you have a strong case, your attorney can then guide you forwards and help you receive a settlement that covers your damages. The Concept of Foreseeability When approaching matters related to negligence, one of the most impor..