5 Tips for Navigating a Negligent Security Claim

1. Assess the Property Owner’s Duty of Care

Understanding the property owner’s duty of care is essential when pursuing a negligent security claim. A personal injury attorney can help you delve into the legal obligations property owners have to ensure the safety of their premises. By knowing what constitutes negligence, you can build a stronger case against the property owner.

A reasonable duty of care for a property owner refers to the legal obligation they have to maintain a safe environment for all those who visit or reside on their property. This responsibility encompasses the timely identification and rectification of potential hazards, ensuring adequate security measures, and providing visitors with appropriate warnings about any potential risks.

If a property owner fails to meet this duty of care and someone suffers harm as a result, the property owner can be held accountable through a negligent security claim. The definition of what is ‘reasonable’ can vary depending on the type of property, its location, history of security issues, and other relevant circumstances.

2. Identify Common Security Failures

In personal injury cases related to negligent security, there are several common security failures that are frequently implicated. These failures often revolve around the property owner’s negligence in maintaining a safe environment, which can lead to harmful incidents. Some of the most common security failures include:

• Inadequate Lighting: A lack of proper lighting can lead to accidents and provide cover for criminal activity. It is important for walkways, parking lots, and common areas to be well-lit.
• Lack of Security Personnel: Properties, especially those in high-risk areas, should have adequate security personnel to deter criminal activity and provide assistance if needed.
• Failed Security Systems: Broken or non-functional security cameras, alarms, or locks can severely compromise the safety of a property.
• Lack of Maintenance: This includes things like broken gates, windows, or fences, which can provide easy access to potential intruders.
• Failure to Respond to Security Issues: When property owners do not take action in response to reported or known security issues, they can be held liable for any resulting harm.

3. Prove Causation and Damages

To successfully prove causation and damages in a negligent security personal injury claim, the plaintiff must establish a direct link between the property owner’s negligence and the incurred harm. This requires demonstrating that the harm would not have occurred ‘but for’ the owner’s negligence, often referred to as ‘causation in fact.’

Additionally, it must be proven that the harm was a foreseeable result of the owner’s negligence, known as ‘proximate causation.’ As part of this, any prior incidents of similar security issues, the property’s location, and the nature of the alleged negligence are integral. In terms of damages, detailed documentation of all injuries, medical treatments, and associated costs is crucial. It is often beneficial to include any loss of income due to the injury, the emotional toll, and any necessary future medical treatments.

4. Gather Witness Testimonies and Expert Opinions

In building a strong negligent security claim, the incorporation of expert opinions and witness testimonies can significantly bolster its credibility and persuasiveness. These perspectives provide an objective lens through which the court can understand the nuances of the case and assess the true extent of the negligence and resulting damages.

Here are some ways these expert opinions and testimonies can enrich your claim:

• Corroboration of Facts: Witness testimonies can corroborate the facts of the incident, providing a firsthand account of what transpired. This can substantiate the claim and fill in any gaps in the narrative.
• Technical Insights: Expert opinions from security specialists can shed light on the technicalities of security standards, illuminating how and where the defendant fell short.
• Medical Evaluation: Medical professionals are key in detailing the physical harm suffered by the plaintiff. They can offer insights into the necessity and cost of past and future treatments, the severity of the injuries, and how these may impact the plaintiff’s lifestyle.
• Emotional Distress: Mental health professionals can attest to the emotional and psychological impacts of the incident, such as post-traumatic stress disorder or anxiety, which might not be immediately apparent but could be significant in determining damages.
• Financial Impact: Economists or financial experts can provide a detailed breakdown of the financial impact of the injury on the plaintiff, including missed work, reduced earning capacity, or other indirect costs associated with the incident.

5. Navigate the Legal Process

Engaging the services of a seasoned personal injury attorney can significantly streamline the complex legal process involved in negligent security claims. These professionals possess a comprehensive understanding of the legal landscape, helping you navigate through intricate laws and regulations. They meticulously gather and analyze evidence, ensuring every detail is accounted for when substantiating your claim.

Furthermore, their negotiation skills are invaluable when seeking a fair settlement, offering you the best chance for a favorable outcome. Ultimately, a personal injury attorney acts as your advocate, tirelessly working to hold negligent parties accountable and seeking the compensation you deserve.

At Davis Injury Firm, we handle negligent security claims in Atlanta, GA. Our experienced attorney is dedicated to fighting for justice on behalf of our clients. Contact us today at (404) 593-2620 to schedule a consultation and learn how we can assist you in holding property owners accountable for their negligence.

Understanding Your Rights as a Victim

Understanding your rights as a victim of public assault is critically important. Legally, you have the right to safety and security, and any violation of this through violence or intimidation is typically regarded as an assault. This could range from threats and verbal abuse to physical attacks.

In the event of an assault, you have the right to report the incident to the police who are obligated to investigate your case thoroughly. In addition to this, you may be entitled to compensation for any injuries or trauma sustained, which can be pursued through a personal injury claim. Legal protections are available to shield victims from further harm, such as restraining orders against the perpetrator. Remember that legal procedures can often be complex, so seeking legal advice from a professional may be beneficial.

Beyond Criminal Cases: How a Personal Injury Lawyer Can Help

In the aftermath of an assault in a public place, victims may find themselves involved in two distinct types of legal proceedings: criminal and civil. A criminal case is initiated by the state or federal government, often through the district attorney’s office, with the purpose of punishing the offender for their illegal conduct. In these cases, the defendant, if found guilty, faces penalties such as imprisonment, probation, or fines.

On the other hand, a civil case is brought by the victim with the intention of obtaining compensation for the harm suffered. In a civil suit, the focus isn’t on punishing the offender, but rather, on helping the victim recover damages for medical expenses, lost wages, or emotional distress. While a criminal case requires proof beyond a reasonable doubt, the burden of proof in a civil case is lower, requiring a preponderance of the evidence.

In such trying times, the support and guidance of a personal injury attorney who has experience in assault cases can serve as a pivotal resource. These legal professionals understand the intricacies of assault laws and are skilled at navigating through the complexities of the legal system. They can advocate on your behalf, ensure your rights are protected, and strive diligently to secure the justice you deserve. Their expertise can be instrumental in your journey toward recovery and resolution.

A personal injury attorney can support you by:

• Evaluating Your Case: An experienced personal injury attorney will first thoroughly assess your case, taking into account all the facts, circumstances, and existing evidence. They will provide you with an objective perspective on the strengths and weaknesses of your case and discuss the potential outcomes.
• Providing Legal Advice and Guidance: Personal injury attorneys are knowledgeable about the laws and legal protocols related to assault cases. They can explain complex legal jargon, provide advice on legal rights and obligations, and guide you through each step of your legal journey.
• Collecting and Investigating Evidence: Your attorney can help gather crucial evidence to support your case. This might include surveillance footage, witness testimonies, and medical reports detailing your injuries. They can also coordinate with law enforcement and private investigators as needed.
• Representing Your Interests in Court: If your case goes to trial, a personal injury lawyer will represent you in court, presenting your case in the most compelling manner possible. They will prepare and file necessary court documents, question witnesses, and counter any arguments made by the defense.
• Negotiating Settlements: Many personal injury cases are resolved through settlements rather than trial. Your attorney can negotiate with the opposing party on your behalf to secure a fair and adequate settlement that compensates you for your injuries and suffering.
• Providing Emotional Support: Beyond the legal aspects, attorneys often provide emotional support to their clients, helping them cope with the stress and anxiety associated with legal proceedings. They can also refer you to therapy or counseling services if required.

At Davis Injury Firm, we understand the physical, emotional, and financial challenges that victims of assaults in public places face. Our experienced personal injury attorney is dedicated to providing compassionate legal representation and fighting for the justice and compensation you deserve.

Remember, you are not alone, and there is help available to guide you through this difficult time. Call us at (404) 593-2620 to schedule a consultation.

Slips, Trips, and Falls:

One of the most prevalent types of injuries at airports are slips, trips, and falls. With long corridors, busy concourses, and polished floors, it’s easy to lose footing or stumble over luggage and other obstacles. Wet floors, caused by spills or cleaning activities, can further increase the risk of such accidents.

To avoid slips, trips, and falls, always pay attention to your surroundings, especially when walking on wet or shiny surfaces. Be cautious while using escalators and moving walkways, and avoid distractions like texting or reading while walking.

Luggage-Related Injuries:

Dragging heavy luggage through an airport can lead to various injuries, including strains, sprains, and back pain. In crowded areas, there is a risk of getting hit by someone else’s luggage or accidentally striking others with your own.

To prevent luggage-related injuries, pack light and use suitcases with wheels and handles that are easy to maneuver. When walking with your luggage, be mindful of others around you and avoid swinging or dragging it in a way that could cause harm.

Overhead Bin Injuries:

When boarding and deplaning, passengers often struggle to lift heavy carry-on bags into the overhead compartments. This action can result in shoulder injuries, strains, and even falling luggage that could potentially hit others.

To reduce the risk of overhead bin injuries, request assistance from airline staff if needed. If you are placing luggage in the overhead bin, lift with your legs, not your back, and ask for help if the bag is too heavy or awkward to handle safely.

Repetitive Motion Injuries:

Airports involve a considerable amount of walking, standing in line, and carrying bags, which can lead to repetitive motion injuries such as tendonitis or carpal tunnel syndrome.

To mitigate these injuries, take breaks whenever possible, stretch regularly, and practice proper posture while carrying bags or waiting in queues.

Seek Legal Assistance if Injured

Despite taking precautions, accidents can still occur due to the negligence of airport management or staff. If you sustain an injury in an airport accident, it’s crucial to seek legal assistance to protect your rights and ensure fair compensation for your damages. At Davis Injury Firm, we specialize in handling personal injury cases, including those related to airport accidents. Our experienced attorneys will guide you through the legal process, fighting for your rights and helping you obtain the compensation you deserve.

By following these tips, you can significantly reduce the risk of slip and fall accidents during your airport travels. Remember, your safety should always be a priority. If you ever find yourself in an unfortunate situation, don’t hesitate to reach out to Davis Injury Firm for expert legal representation.

Understanding the Impact of Slip and Fall Accidents on Older Adults:

As we age, our bodies become more vulnerable to injuries. Slip and fall accidents pose a significant threat to older adults, often resulting in fractures, sprains, and other serious injuries. To protect yourself or your loved ones, it is crucial to implement fall prevention measures such as removing clutter, installing handrails, and ensuring proper lighting. Additionally, regular exercise and balance-enhancing activities can help reduce the risk of falls.

The Role of Negligence in Slip and Fall Accidents:

In many cases, slip and fall accidents occur due to the negligence of property owners. Whether it’s a wet floor without warning signs or a hazardous walkway, property owners have a responsibility to maintain safe premises for visitors. If you’ve been injured due to negligence, it’s essential to gather evidence such as photographs, witness statements, and incident reports. Seeking legal representation can help you navigate the complexities of personal injury claims and ensure you receive the compensation you deserve.

The Lingering Effects of Traumatic Brain Injuries from Slip and Fall Accidents:

While broken bones and sprains are often visible injuries resulting from slip and fall accidents, traumatic brain injuries (TBIs) can have long-term effects that may go unnoticed initially. Symptoms such as headaches, dizziness, memory problems, and mood changes can manifest days or even weeks after the accident. If you or a loved one experiences any of these symptoms, seeking immediate medical attention is crucial. Proper diagnosis and treatment can significantly impact your recovery and overall quality of life.

Unseen Hazards: How Poorly Maintained Properties Contribute to Slip and Fall Accidents:

Many slip and fall accidents occur due to hazards that are not immediately visible. Uneven surfaces, inadequate lighting, and slippery floors are just a few examples of potential dangers. It’s important to be vigilant and identify these hazards in public spaces and private properties. Reporting unsafe conditions to the appropriate authorities not only helps prevent future accidents but also strengthens your case if you decide to seek legal action.

The Importance of Seeking Immediate Medical Attention After a Slip and Fall Accident:

Even if you feel fine after a slip and fall accident, it’s crucial to seek immediate medical attention. Some injuries may not be immediately apparent, and delayed symptoms can arise days or weeks later. By documenting your injuries and receiving proper medical treatment, you not only prioritize your well-being but also establish a crucial link between the accident and your injuries, which is vital when pursuing a personal injury claim.

At Davis Injury Firm, we are here to support you through every step of the process. If you or a loved one has been injured in a slip and fall accident, don’t hesitate to reach out for a consultation. Together, we can fight for the justice and compensation you deserve.

Falls from Heights

One of the leading causes of injuries on construction sites is falls from heights. Whether it’s scaffolding, ladders, or elevated platforms, working at height poses significant risks. Inadequate safety measures, failure to use personal protective equipment (PPE), and lack of proper training are major contributing factors. Injuries from such falls can range from fractures and sprains to severe head injuries, making fall prevention and safety training paramount.

Collision Accidents

The hustle and bustle of a construction site means that workers and heavy machinery coexist, increasing the chances of collision accidents. Falling objects, swinging equipment, or vehicles colliding with workers can result in serious injuries, including broken bones, concussions, and internal organ damage. Encouraging designated walkways, proper signaling, and the use of hard hats can significantly reduce these accidents.

Electrocutions

Construction sites are buzzing with electrical equipment and wiring, making workers susceptible to electrocutions. Mishandling of electrical devices, damaged cords, or contact with live wires can lead to severe burns, cardiac arrests, and even fatalities. Strict adherence to electrical safety protocols and regular inspections are essential to prevent these incidents.

Caught-in or Between Accidents

Construction equipment like excavators, bulldozers, and loaders can pose a threat if not handled with care. Workers can get caught in machinery or between equipment and structures, resulting in crush injuries, amputations, and sometimes fatal consequences. Thorough equipment training, clear communication, and the implementation of safety procedures can help mitigate these risks.

Slips, Trips, and Falls

Uneven terrain, cluttered walkways, and wet surfaces make construction sites a hotbed for slips, trips, and falls. These seemingly minor accidents can cause major injuries, such as sprains, fractures, and head trauma. Promoting a clean and organized workspace, using appropriate footwear, and promptly addressing hazardous conditions can minimize such incidents.

Strain Injuries

Construction work often involves repetitive tasks, heavy lifting, and prolonged physical exertion, leading to strain injuries. Back pain, strains, and joint problems are common among construction workers. Encouraging regular breaks, proper ergonomics, and providing mechanical aids for lifting can help reduce the prevalence of these injuries.

Respiratory Issues

Construction sites are prone to the release of dust, chemicals, and other airborne contaminants. Workers exposed to these hazardous substances may develop respiratory issues, including occupational asthma and other respiratory disorders. Using respiratory protection, proper ventilation, and minimizing dust generation can safeguard workers’ lung health.

At Davis Injury Firm, we specialize in personal injury cases, including those related to construction site accidents. Our experienced team understands the complexities of these cases and will fight to ensure you receive the compensation you deserve. Contact us today for a consultation.

1. Crush Injuries and Amputations:

Forklift accidents often involve the crushing of body parts, leading to severe injuries or even amputations. To mitigate the risk of crush injuries, it is crucial to emphasize proper training for forklift operators, including safe loading and unloading procedures. Additionally, workers should always wear appropriate personal protective equipment (PPE) such as steel-toed boots and high-visibility clothing.

2. Back and Spinal Injuries:

The impact of a forklift accident can cause significant damage to the back and spine, resulting in chronic pain and mobility issues. To prevent such injuries, workers should be educated on proper lifting techniques and encouraged to use assistive devices when handling heavy loads. Prompt medical evaluation and treatment are vital in cases of back and spinal injuries to prevent long-term complications.

3. Head and Brain Injuries:

Head injuries are a common consequence of forklift accidents, often resulting from falling objects or collisions. Wearing a hard hat is crucial for workers in areas where forklift operations are conducted. Furthermore, implementing safety measures such as barriers and warning signs can help prevent accidents and minimize the risk of head and brain injuries.

4. Fractures and Broken Bones:

The impact of a forklift accident can lead to fractures and broken bones in various parts of the body. Prompt medical attention is essential to assess the severity of the injury and provide appropriate treatment. Employers should ensure that workers receive immediate medical attention and are aware of their rights to workers’ compensation benefits.

5. Chemical Exposure and Burns:

In some forklift accidents, workers may be exposed to hazardous chemicals or suffer burns due to contact with hot surfaces or flammable materials. Proper training on handling hazardous substances and the use of appropriate safety equipment, such as gloves and goggles, is crucial to prevent chemical exposure and burns. In case of an accident, immediate decontamination and medical evaluation are vital to minimize the long-term effects.

Understanding the common injuries associated with forklift accidents is crucial for both employers and workers to prioritize safety measures and minimize the risk of accidents. If you or a loved one has been injured in a forklift accident, contact Davis Injury Firm. We can help you navigate the complex process of obtaining compensation for your injuries.

1. Seek Medical Attention

The first and most crucial step is to seek medical attention, even if you feel fine. Some injuries, such as concussions may not show symptoms right away. A medical professional can assess your condition, diagnose any underlying injuries, and provide the necessary treatment.

2. Report the Accident

Report the accident to the property owner or manager as soon as possible. Ask them to make a written report and request a copy for your records. If possible, take photos of the accident scene, including the hazard that caused your fall.

3. Collect Evidence

Collect as much evidence as possible, including witness statements, surveillance footage, and any other relevant information. This evidence can help support your case if you decide to file a personal injury claim.

4. Don’t Sign Anything

Avoid signing any documents or accepting any settlements from the property owner or their insurance company without consulting with a personal injury attorney first. They may try to offer you a low settlement or ask you to sign a release of liability, which can limit your legal options.

5. Consult with a Personal Injury Attorney

A personal injury attorney can help you understand your legal rights, assess your case, and negotiate with the insurance company on your behalf. They can also help you file a personal injury claim and represent you in court if necessary.

By following these steps, you can protect your health and legal rights and increase your chances of receiving fair compensation for your injuries.

If you need legal assistance after a slip and fall accident, contact Davis Injury Firm today for a consultation.

1. Lack of Training

One of the most common causes of forklift accidents is a lack of training. Operators who are not properly trained may not know how to safely operate the forklift, leading to accidents. Make sure all operators are properly trained and certified before allowing them to operate a forklift.

2. Overloading

Overloading a forklift can cause it to tip over, leading to serious injuries. Make sure operators know the weight capacity of the forklift and never exceed it. Use scales to weigh loads and ensure they are within the forklift’s capacity.

3. Poor Maintenance

Forklifts that are not properly maintained can malfunction, causing accidents. Make sure all forklifts are regularly inspected and maintained according to the manufacturer’s recommendations. Any issues should be immediately addressed and repaired.

4. Lack of Communication

Communication is key when operating a forklift. Operators should communicate with each other and with other employees in the area. Make sure all employees in the area are aware of the forklift’s movements and keep a safe distance from it.

5. Reckless Driving

Reckless driving is a leading cause of forklift accidents. Operators should always follow proper safety precautions and drive at a safe speed. They should also avoid sharp turns and sudden stops, which can cause the forklift to tip over.

If you or a loved one has been injured in a forklift accident, contact Davis Injury Firm. Our experienced personal injury attorneys can help you get the compensation you deserve. Contact us today to schedule a consultation.

In this blog post, we will discuss how victims of assaults, rapes, shootings, and other violent crimes can obtain compensation under Georgia law.

How To Prove A Negligent Security Shooting, Rape, or Assault Case

A negligent security claim falls under the umbrella of a premises liability case in Georgia. To prove such claims, a victim or his/her surviving heirs must prove the following elements of law in order to obtain compensation under Georgia law:

• Duty: This requires showing that the property owner has a duty to keep its visitors, tenants, and others safe from third-party crimes.
• Negligence: This requires showing that the property owner acted “negligently” or carelessly. Failing to act reasonably to protect visitors from known dangerous and foreseeable criminal attacks is sufficient to prove negligence.
• Liability/Causation: This requires showing that the negligent or careless act (such as failing to provide adequate security, lighting, gating, or taking other measures to protect people visiting the property) caused the criminal attack and the victim’s injuries.
• Damages: This requires a showing that the victim was injured, incurred medical bills, lost wages, and other losses as a result of the violent attack.
• Punitive Damages: This requires a showing that the property owner acted purposefully, recklessly, had no regard for the safety of others, and was indifferent to the consequences of taking no measures to protect visitors from known dangerous criminals and foreseeable crimes. The amount of punitive damages depends on what a jury thinks. There’s no magic formula but there is a cap on the amount of punitive damages that can be recovered in Georgia–$250,000.00.

In terms of proving the case from an investigative standpoint, the facts of the assault, rape, shooting, or other violent crime are extremely important. Some factors include:

• Was the victim involved in a criminal act related to the assault or shooting? If so, such a fact would probably defeat any negligent security claim against the property owner.
• Did the victim know the perpetrator? Although every circumstance is different, where the victim knows the perpetrator and the crime is personally driven, it would be difficult to make a claim against a property owner or business.
• Did the property owner and/or its employees know that there were prior criminal acts and safety concerns on the property? If so, this would go to show that there was knowledge that a future bad act or crime would occur.
• Some ways to establish this type of knowledge about crime include reports to the police, customer, visitor, or tenant complaints, or seeing or hearing violence or shootings in the past.
• Did the property owner take steps to protect its customers, visitors, tenants, and others? If the property owner knew about the likelihood of violent crimes and did nothing, then this is probably negligent. Examples of steps a property owner can take include hiring security patrol, putting fences and gates up around the property, installing surveillance cameras, installing adequate lighting, or vetting employees for criminal history.

The Value of a Negligent Security Case

Like any case, the amount of compensation a victim of an assault, rape, shooting, or other violent crime may recover depends on the facts and circumstances of the case. Some factors that influence value include:

• The severity of the victim’s injuries and the amount of the victim’s medical bills. Did the victim survive? Is the victim permanently impaired?
• The egregiousness of the property owner’s actions (or inaction). Were there other violent crimes that occurred in the past? Did complaints from other victims or other persons go ignored? Is there evidence that the property owner valued profits more than the safety of its customers, tenants, or other visitors?
• The type of crime.

Proving negligent security cases requires the expertise of an attorney who is familiar with Georgia law and how to investigate and build a case. The initial investigation of these types of cases is vital to preserving evidence for trial. A good personal injury lawyer knows what steps to take to investigate the case, talk to witnesses, obtain evidence, and get a case in a strong position to settle or to take to trial.

If you or a loved one have been the victim of an assault, rape, shooting, or other violent crime, contact our experienced personal injury attorney at Davis Injury Firm today to discuss your legal options. You may be entitled to compensation for your injuries, pain and suffering, and more.

Contact the skilled team at Davis Injury Firm right away by calling (404) 593-2620. If you prefer, you can also fill out the online contact form, and someone from our team will reach out to you right away.

In this blog post, we will discuss how victims of drunk driving accidents in Georgia can recover compensation for their injuries.

Drunk Driving Accidents

In addition to being entitled to compensation for their injuries, Georgia victims of drunk driving motor vehicle accidents may seek what are known as “punitive damages” in Georgia. “Punitive” means “intended as punishment,” and a victim of a drunk driving accident is allowed to ask for monetary compensation designed to punish a drunk driver who causes an accident.

How To Prove A Drunk Driving Accident Case

A drunk driving accident claim still requires the victim to prove the following elements of law in order to obtain compensation under Georgia law:

• Duty: This requires showing that the at-fault drunk driver has a duty to act safely while driving on the road. All Georgia drivers have a duty to drive safely on the road.
• Negligence: This requires a showing that the at-fault driver acted “negligently” or carelessly. Violating the rules of the road and drunk driving laws is considered negligent. Where a drunk driver receives a ticket and/or is arrested and convicted of driving drunk, that is sufficient to prove negligence.
• Liability/Causation: This requires showing that the negligent or careless act (such as driving while intoxicated or following too closely or speeding) caused the car accident and the victim’s injuries.
• Damages: This requires a showing that the victim was injured, incurred medical bills, lost wages, and other losses as a result of the wreck.
• Punitive Damages: This requires a showing that the drunk driver acted purposefully, recklessly, had no regard for the safety of others, and was indifferent to the consequences of driving drunk. The amount of punitive damages depends on what a jury thinks. There’s no magic formula but there is a cap on the amount of punitive damages that can be recovered in Georgia–$250,000.00.

The Value of a Drunk Driving Case

Like any case, the amount of compensation a victim of a drunk driving accident can

recover depends on the facts and circumstances of the case. Some factors that influence value include:

• The severity of the victim’s injuries and the amount of the victim’s medical bills.
• The egregiousness of the drunk driver’s actions. Is it the driver’s first DUI or is it the driver’s third DUI? Does the drunk driver only drive under the influence or did the driver also leave the scene of the accident? Does the drunk driver lie to the police officer on the scene? Is the drunk driver also on his or her cell phone at the time of the crash?
• How impaired is the driver? Is the driver’s blood alcohol concentration on the lower or higher end?
• The severity of the wreck. Is the crash a fender bender or is it a serious head-on collision?

Proving drunk driving cases the expertise of an attorney who is familiar with Georgia law and how to investigate and build a case. The initial investigation of these types of cases is important to preserving evidence for trial. A good personal injury lawyer knows what steps to take to investigate the case, talk to witnesses, obtain evidence, and get a case in a strong position to settle or to take to trial.

If you or a loved one have been the victim of a drunk driving accident, contact our experienced personal injury attorney at Davis Injury Firm today to discuss your legal options. You may be entitled to compensation for your injuries, pain and suffering, and more.

Contact the skilled team at Davis Injury Firm right away by calling (404) 593-2620. If you prefer, you can also fill out the online contact form, and someone from our team will reach out to you right away.

In this blog post, we will discuss shootings as they pertain to unsafe apartment complexes and the civil remedies that victims of gun violence may seek under Georgia law. The law in Georgia requires apartment complex owners and other businesses to keep their properties reasonably safe from criminal activity, including shootings. On properties where there is known dangerous criminal activity, such as gun violence, the property owner or operator of an apartment complex may be held liable for not protecting tenants or taking necessary steps to ensure tenants’ safety.

Apartment Complex Shootings

While apartment complex owners cannot regulate access to guns, they can take action to prevent violent crimes such shootings on their properties. Unfortunately, big corporate investment companies are often the owners of apartment complexes with focus on profits, rather than safety. Shootings, crimes, and generally unsafe living conditions are often a result of out-of-town investors with no interest or ties to our communities owning and operating apartment complexes for the sole purpose of making money. The sad reality is that many safety measures that can be taken are simple and affordable for these apartment complex owners, yet, even when residents complain about dangerous conditions, little is done to make changes.

Safety Measures To Prevent Shootings

In dangerous apartment complexes that have known violent criminal activity, owners and operators may use some or all of the following safety and security measures to prevent gun crimes, including:

• Lighting
• Fencing
• Gated entry
• Using proper locks for doors and windows
• Security patrol by private security and/or local law enforcement
• Warning signs posted for residents and visitors
• Criminal background checks for residents, employees, and others
• Working surveillance cameras

Of course, where no safety measures are implemented, crimes will occur. If apartment complex owners do not take reasonable steps to keep tenants and visitors safe, then one avenue that can encourage change is the civil justice system. That means that victims who have been injured or harmed by dangerous shootings on apartment complexes may be able to bring lawsuits in court to hold irresponsible apartment complex owners for their failure to keep those people safe. Victims may recover compensation for medical bills, pain & suffering, lost wages and even wrongful death. Holding apartment owners financially responsible for such losses could cause them to make the changes necessary to keep tenants and visitors safe from shooting crimes.

Apartment Owners May Be Liable for Shootings

If you or someone you know has been the victim of a shooting in an apartment complex, you may be able to bring a claim against the apartment complex for failing to protect you from being a victim of crime.

In order to hold the apartment complex responsible, you must show that the complex owner or operator knew or should have known that there was a risk of a shooting and failed to take reasonable steps to prevent it from happening.

Proving negligent security shooting cases against powerful property owners is difficult and requires the expertise of an attorney who is familiar with Georgia law and how to investigate and build a case. That is where we come in to diligently fight for what is fair and to force apartment complex owners to think twice about allowing people to be victims of crime on their property. If you or a loved one have been the victim of a shooting or other crime in an apartment complex, contact our experienced personal injury attorney at Davis Injury Firm today to discuss your legal options. You may be entitled to compensation for your injuries, pain and suffering, and more.

Contact the skilled team at Davis Injury Firm right away by calling (404) 593-2620. If you prefer, you can also fill out the online contact form, and someone from our team will reach out to you right away.

In this blog post, we will discuss what constitutes rape and sexual assault in an apartment complex setting and how a property owner or operator can be held liable for not preventing such heinous acts from happening on their watch.

Apartment Complex Rape and Sexual Assault

There are certain security measures that property owners can take to prevent heinous crimes such as the rape and sexual assault of tenants and visitors. Unfortunately, apartment complex owners can sometimes value profit over safety, and crimes usually occur on properties where the owners have failed to implement proper security measures in order to save money. A lot of times, you see big corporations or private equity firms owning and operating apartment complexes without any true regard for tenant safety. Normally, these types of apartment complexes are not only dangerous but are also often accompanied by generally poor living conditions that landlords refuse to fix. This lack of care includes failing to protect tenants and visitors from violent crimes.

In unsafe apartment complexes that have known violent criminal activity, property owners can do many things to prevent crimes from occurring. Some safety and security measures include:

• Adequate lighting
• Fencing
• Gated entry
• Security patrol
• Warning signs are posted for residents and visitors
• Criminal background checks for residents, employees, and others
• Installing proper locks for doors and windows
• Surveillance cameras

Where apartment complex owners know that there are past violent crimes and fail to take reasonable measures to protect people from those crimes, they can be responsible to crime victims for the injuries and pain and suffering that result.

The Property Owner or Operator May Be Liable

If you or someone you know has been the victim of rape or sexual assault in an apartment complex, you may be able to bring a civil claim against the property owner for failing to protect you from being a victim of crime.

In order to prove liability, it must be shown that the property owner or operator knew or should have known that there was a risk of rape or sexual assault and failed to take reasonable steps to prevent it from happening.

Sadly, people who do not have the ability to fight these powerful property owners are disproportionately victims of crime, and these property owners know that they can often get away with doing the bare minimum. That is where we come in to fight for what is fair and force apartment complex owners to think twice about allowing people to be hurt on their property. If you have been the victim of rape or sexual assault in an apartment complex, contact our experienced personal injury attorney at Davis Injury Firm today to discuss your legal options. You may be entitled to compensation for your injuries, pain and suffering, and more.

Contact the skilled team at Davis Injury Firm right away by calling (404) 593-2620. If you prefer, you can also fill out the online contact form, and someone from our team will reach out to you right away.

Airport Injuries

Airport injuries can happen anywhere, including in the terminals, on airplanes, on boarding entry ramps, in bathrooms, restaurants, or parking lots. Any number of companies can be responsible for an injury that occurs in the airport.

The City of Atlanta owns and operates the airport, and is responsible for its safety. However, the City hires other companies for maintenance, cleaning, and management of the airport, and those companies also have a responsibility for keeping travelers safe. Additionally, many vendors, such as restaurants and shops could be responsible for dangerous conditions in areas that they control. In other words, anyone could be responsible for an injury, depending on where and how the injury happens.

Just as in any other premises liability case, someone who suffers an airport injury must show there is a responsible party whose carelessness or “negligence” caused the injury to happen.

In one airport injury case we handled, there was water leaking from a restaurant out into the terminal. One of the biggest questions in that case was who was responsible—the restaurant or the airport maintenance people? Another issue was how long had the water been there? Did the restaurant know that there was water leaking from its business? Did the airport and its maintenance company know that there was water leaking into the terminal? Did anyone regularly inspect the area for spills?

Some steps the airport or other businesses inside of the airport can take to prevent falls or other injuries include:

• Regular inspection for dangerous conditions, such as spills or objects in aisles or walkways.
• Regular maintenance and inspection of escalators, elevators, trains, & moving walkways.
• Posting warning signs regarding any dangerous conditions.

Airport injury cases, like most premises liability cases, are complicated. They can involve multiple responsible parties, and 99% of the time a lawsuit has to be filed in order to resolve an airport injury case.

We Can Help With Your Airport Injury Case

If you’ve suffered an injury at the airport through no fault of your own, you may be able to recover compensation for your losses. Don’t hesitate to reach out to our firm right away with your questions.

Contact the skilled team at Davis Injury Firm right away by calling (404) 593-2620. If you prefer, you can also fill out the online contact form and someone from our team will reach out to you right away.

Hotel owners are property owners that can be held liable for failure to keep the property safe, and that can include failing to act to protect individuals from sexual assault or rape. Read on to learn more.

Georgia’s Laws Regarding Sexual Assault on Hotel Property

Under Georgia law, business owners are responsible for the safety of their property. That means the owners of hotels have a duty of care to protect people from known dangers, including criminal activity.

For example, hotels can be held liable for allowing the use of their property for sex trafficking or for turning a blind eye to the illicit uses of their space. There are several ongoing lawsuits involving sex trafficking rings and hotels. People can be raped or assaulted on hotel properties where security was inadequate.

Although hotels and other business owners are not always responsible for your safety or for other people’s criminal acts, they are expected to act in a reasonable way to protect guests from known criminal activity.

Some steps that hotel and other business owners can take to keep their guests safe include:

• Installing cameras;
• Conducting background and criminal checks on all employees;
• Making sure key cards are properly coded and can be traced;
• Checking identification;
• Having policies and procedures for disabling key cards that are lost;
• Installing chain locks;
• Requiring elevator key cards to get onto floors with rooms;
• Providing adequate lighting and security in parking lots and parking decks; and,
• Having security guards on the property.

We’re Here to Help

If you’ve been sexually assaulted on hotel premises, you may be able to recover compensation for your losses.

Don’t hesitate to reach out to our skilled team right away. We’re here to help you during this difficult time.

Contact the skilled team at Davis Injury Firm right away by calling (404) 593-2620. If you prefer, you can also fill out the online contact form and someone from our team will reach out to you right away.

Read the full article here. View the full Verdict Magazine issue here.

In that situation, it is logical to assume that the last car in the line caused the collision because that vehicle was following too closely to stop in time to avoid the accident. However, automobile insurance companies, in an attempt to not pay claims, often attempt to pin liability on one or all of the other vehicles involved, stating that one of the other cars or all of the other cars were, in theory, following too closely, and also liable for the collision. Or, if there are two impacts, there could be an argument over which impact caused the claimant’s injuries.

Or, sometimes, the circumstances do actually make liability unclear. For example, let’s say there is a 3-car rear-end collision. Vehicle 1 is traveling in the front, vehicle 2 is traveling in the middle, and vehicle 3 is the last car traveling in the line. Let’s say vehicle 1 is driving a car that is disabled and is driving below the minimum speed limit and then suddenly stops working. Vehicle 2 stops in a timely fashion to avoid hitting vehicle 1, but vehicle 3 does not stop in time and pushes vehicle 2 into vehicle 1.

It seems pretty obvious that vehicle 2 is not at fault, so that is going to be our claimant for personal injuries in this example. The person in vehicle 2 or his/her injury attorney will likely put both vehicle 1 and vehicle 3’s insurance companies on notice and set up claims. However, it would not be surprising if the automobile insurers for vehicles 1 and 3 engaged in a liability dispute.

The insurance company for vehicle 1 would argue that vehicle 3 was following too closely while the insurance company for vehicle 3 would argue that there was a “sudden emergency” and that vehicle 1 was negligently driving a disabled vehicle too slowly for conditions. Such a dispute often makes it difficult for claimants such as the driver of vehicle 2 to make claims, especially if the injuries are relatively small.

Insurance companies know that such disputes make it difficult for injured parties to make claims because if the claims cannot be resolved pre-suit, then the claimant has to incur the expenses of filing a lawsuit and suing both drivers 1 and 3, even if the claimant has a smaller soft tissue injury. Of course, if the driver of vehicle 2 suffered from catastrophic injuries, then it would make economical sense to bring the lawsuit regardless of which insurance company admitted or denied liability.

Of course, there are times when the two insurance companies of the at-fault drivers accept 50-50 responsibility, and the claimant can either settle the claims for reasonable amounts pre-suit.

At any rate, collisions involving multiple vehicles can be complicated in many respects, whether it be finding available insurance coverage or determining liability. Retaining the services of a qualified injury attorney is important when dealing with accidents involving multiple cars and multiple insurance companies. For a consultation with a car accident attorney, call The Davis Injury Firm at (404) 593-2620.

Under Georgia law, drivers who are involved in vehicular accidents are required to stop at the scene of a car accident and render assistance to any injured persons and could be subject to criminal prosecution for failure to do so. Further, in a civil suit, that hit-and-run driver could be liable for punitive damages. Thus, when a person leaves the scene of an accident, it is important to find that at-fault driver if you are the injured victim.

Drivers leave the scene of accidents for various reasons, including not having insurance or a driver’s license, being drunk, or just being afraid that they caused an accident. At any rate, such behavior is against the law and can be subject to both civil and criminal sanctions.

Finding the at-fault driver could be difficult or impossible, but when you are injured in a car accident, an experienced personal injury attorney would be able to assist you with investigating the identity of the hit and run driver. Interviewing eye-witnesses, making requests for records of 911 calls, and video footage are all options for finding the hit and run driver.

If you or your attorney successfully finds the at-fault driver, then you can seek compensation for your bodily injuries under the driver’s automobile insurance policy. Further, you can even ask for what is known as “punitive” damages, which are based on the at-fault driver’s bad conduct.

Punitive damages are different from compensatory damages, which are given to you to pay for medical bills and pain and suffering. That is, punitive damages can be awarded on top of compensatory damages solely on the basis of the at-fault or hit and run driver’s conduct. Under some circumstances in Georgia, courts have allowed punitive damages to be awarded even when the at-fault driver did not “hit and run” but instead left the scene before the police arrived.

If you are unsuccessful in finding the hit and run driver who caused the accident, you can try to recover for your bodily injuries under your own uninsured motorist policy or any other applicable insurance you may have. Thus, it is also important to maintain enough coverage under your uninsured or underinsured motorist policy to adequately compensate you if you are injured in a car accident.

To fully explore your options when you have been injured by a hit-and-run driver in Georgia, you should seek the advice of a qualified car accident attorney. Call us at (404) 593-2620. We are happy to set up a consultation with an attorney for you at The Davis Injury Firm.

Georgia law allows victims of car accidents to recover from bars, restaurants, or even party hosts who serve alcohol to drunk drivers or underage drivers under a law that is commonly known as “Dram Shop” liability. The Georgia law can be found in O.C.G.A. Section 51-1-40.

The Dram Shop Law in Georgia

Pursuant to the Georgia statute, a victim of a car accident seeking to recover from a bar, restaurant, or party host for overserving a drunk driver who subsequently causes an automobile wreck must prove the following:

1. That the bar, restaurant, or social host willfully, knowingly, and unlawfully sold or provided or served alcohol to a person who is not old enough to drink; or, knowingly sold or provided or served alcohol to a person who is old enough to drink but is noticeably intoxicated;
2. That the bar, restaurant, or social host knew that the minor or intoxicated person would be driving a vehicle soon; and,
3. That the sale, furnishing, or serving of the alcohol proximately caused the victim’s injuries or damages.

Just like any tort claim or claim based on negligence in Georgia, Dram Shop liability is founded upon the theory that a bar, restaurant, or social host has a duty of care to act reasonably to prevent drunk drivers from injuring third persons.

Of course, bars, restaurants, and other social hosts are not automatically on the hook for Dram Shop liability, nor do they have the duty to actually prevent the drunk driver from driving. The responsibility is to not knowingly (actually knowing or even if the server SHOULD have known the person was drunk) serve or sell or furnish alcohol to a clearly intoxicated individual who is about to drive; that is, if a bar or restaurant or a social host sees that a drunk person (or an underage drinker), they should stop serving drinks to that person, but are not responsible for forcibly preventing the person from driving.

How to Prove Liability

So proving Dram Shop liability would likely require eye witness testimony where perhaps another patron sees a bartender serve a clearly intoxicated individual a drink and testimony about what happened throughout the time leading up to the car accident. Or, there could be video footage of the incident where a bar or restaurant served a clearly drunk individual. Further, the claimant would have to prove that the drunk driver was actually drunk; that can be done with expert testimony or with a blood alcohol test.

What Dram Shop Liability Means for Injured Victims

The Georgia Dram Shop laws provide another means by which victims of car accidents caused by drunk drivers can recover compensation for serious injuries. Normally, when a drunk driver or any negligent driver causes a car accident in Georgia, the injured victim has to pursue the at-fault driver via his/her automobile insurance or other insurance policies. Most individuals have minimal coverage for bodily injuries under their automobile insurance policies that would be unlikely to provide enough compensation to victims who suffer serious injuries or death. Thus, the Georgia Dram Shop laws open up liability to businesses that could have additional insurance coverage with which to compensate victims.

As finding available insurance coverage for an individual injured in a car wreck in Georgia can be complicated, please call us at (404) 593-2620 to speak to an attorney if you or a family member are facing these difficult issues.

When you are involved in an automobile accident in Georgia, you will want the at-fault driver to have insurance; otherwise, you will have to try to collect payment from the driver personally. One of the first steps you should take is reporting the accident to your insurance company and to the at-fault driver’s insurance company. Under Georgia law, an insurer is required to provide information regarding the types and amounts of insurance available to cover the accident. Determining what types of insurance or which policies are available to cover your personal injuries can be difficult, but is imperative when making a claim for injuries from a car wreck in Georgia.

What types of insurance that belong to the at-fault driver can cover my Georgia personal injury claim?

The at-fault driver usually has car insurance that should cover property damage to your vehicle and personal injuries to you. The following types of insurance that the other driver could possibly have and be available to you when you’re injured in an accident are below:

Liability Insurance or Bodily Injury Policy: This is normally the policy that will cover the personal injuries that arose from the car accident if the other driver is at fault. The policy covers present and future medical expenses, lost wages, other economic losses, and present and future pain & suffering. Normally, an individual driver has a minimum of $25,000/$50,000 in coverage. What this means is that the policy covers up to $25,000 per person and $50,000 per accident for bodily injuries that the at-fault driver causes to other people. However, such policy limits could be much higher ($50,000/$100,000; $100,000/$300,000; $250,000/$500,000). Commercial policies issued for drivers of company cars tend to have much higher limits (ie, $1,000,000 in coverage).

The bodily injury policy is not a pay-as-you-go type of policy. In other words, the insurer will not pay your medical bills as you incur them. Typically, you will obtain all of your medical treatment before you make a demand for payment because settlement under this policy is a final settlement; settling before you obtain all treatment or know the extent of your injuries would be premature. Thus, you would either pay for medical treatment out of pocket or have your health insurance company pay for your treatment as outlined in my article on paying for medical bills after a car accident in Georgia. Within your demand for payment under the bodily injury policy, you can also make claims for other related economic losses, such as lost wages from the inability to work due to your injuries.

Property Damage Policy: When the other driver is at fault s/he is responsible for paying for the damage to your vehicle. Thus, if s/he has automobile insurance, then the property damage policy, which is separate from the bodily injury policy, will cover such damage. Not only does this include repairing the damage to the vehicle itself, but it could also include paying for the diminished value of the vehicle.

Personal Umbrella Policy: Many people have umbrella policies or excess policies that cover injuries from automobile accidents. An umbrella policy is applicable when the at-fault driver has is insufficient insurance under his/her bodily injury automobile policy to cover your injuries. For example, if you were injured in an automobile wreck due to the other driver’s negligence and incurred $500,000.00 in medical bills and the other driver only had $25,000.00 in bodily injury coverage under his auto policy, you could potentially seek coverage under his/her umbrella policy.

Commercial Liability Policy: If the at-fault driver is acting as an employee or agent of a company when s/he hits you, then the company’s insurance policy could cover your injuries.

What types of insurance that belong to me can cover my Georgia personal injury claim?

Uninsured or Underinsured Motorist Policy: Georgia drivers should all have uninsured/underinsured automobile insurance (“UM”) with a minimum coverage of $25,000 per person/$50,000 per accident. Your UM policy kicks in when the at-fault driver has no insurance or when the at-fault driver has insufficient insurance to cover claims for your injuries. You must show that the at-fault driver has no insurance or that the at-fault driver’s insurance is exhausted before your UM coverage can be triggered.

Medical Payments Policy: Your automobile insurance policy could have a no-fault medical payments (medpay) policy that will cover your medical bills if you are involved in a car accident. Normally, medpay policies have lower limits of, say, $5,000.00 or $10,000.00.

Health Insurance Policy: Your health insurance policy covers medical treatment as outlined in your health care plan. Even if your medical treatment is related to a car accident, it should be covered through your health insurance. Often, if you do eventually recover under the at-fault driver’s liability policy, you may have to reimburse your health insurer; however, health insurance should cover medical treatment as your receive it.

The types of insurance outlined above are not an exhaustive list of insurance policies that may be available to you if you are injured in an automobile accident in Georgia. Insurance law is relatively complicated; and, it can become even more complicated when insurance companies begin to deny coverage or pay less than the full value of your claim. Thus, it is usually necessary to have a qualified personal injury attorney to assist you when you are involved in an auto accident in Georgia. If you have further questions about automobile insurance law in Georgia, please feel free to call our office at (404) 593-2620 for a consultation.

Unfortunately, where you’re involved in an automobile accident in Georgia before you actually settle or obtain a verdict in your case, you cannot obtain an “advance” from the at-fault driver’s insurance company for medical bills. Thus, you must arrange to pay for your medical treatment in the following ways:

1. Billing your health insurance company. If you have health insurance, it is extremely important that you insist that the hospital or your doctor bill your health insurance company for any and all treatment related to the car accident. If not, the hospital or doctor will go after you personally for payment. The reason many hospitals or doctors do not want to bill your health insurance company is that health insurance companies pay lower rates for treatment. If the hospital waits until you settle your car accident case, you pay FULL PRICE for the medical treatment. If you are covered by health insurance, you are fully entitled for payment of your medical bills under your health insurance contract. Now, the issue of whether your health insurance company is entitled to reimbursement is a totally separate issue that can be resolved with the assistance of a qualified Atlanta injury attorney.
2. Medical Payments Coverage. Often, your automobile insurance policy will have a “medical payments” policy. That policy will pay for medical treatment arising from the car accident up to the policy limits. You should ascertain whether you have medical payments coverage to pay for your treatment.

The bottom line is that you will not simply be able to “bill” the at-fault driver’s automobile insurance policy to obtain medical treatment coverage. In fact, you may not be compensated for your medical damages until well after you have received and paid for treatment.

If you have questions about obtaining medical treatment after your car accident in Georgia, please call Atlanta injury attorney Betty Nguyen Davis at (404) 593-2620 for a consultation.