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Gas Nozzle Accidents May Be Negligence
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If you’ve ever been totally soaked by gas while filling up your
vehicle because the hose separated from the nozzle, you may have cause
to file a personal injury claim.
Getting gasoline all over yourself including in your eyes and all
over your face, not to mention your clothes, is an upsetting
experience. It may also be one that causes serious harm unless you get
help immediately. Depending on the circumstances of the gas splash, you
may have grounds to file a personal injury claim against the gas
station for having a defective gas nozzle. If you do find yourself in a
position like this, make sure you speak to a skilled personal injury
lawyer for advice.
Let’s say there was no emergency eyewash station or other solution
on hand at the gas station and the painful experience of having gas in
your eyes was only alleviated by using the washroom and washing it out
with water. Let’s also say that the hose was very clearly defective and
that the management of the gas station knew or should have known the
hose was in such a bad state – bad enough that they would have
reasonably expected your type of accident could and would happen.
Let’s further posit that there was no damage to your vehicle because
you immediately washed it after the incident and it was fine. Now,
depending on which state you happen to be in, negligence law may be
different. This is one of the major reasons to consult with an
experienced personal injury attorney for assistance. Knowing your
rights is the first thing you need to do for yourself.
This type of an accident is not common, and assuming the hose was
indeed “clearly” defective and that may be proven, then you will, as
mentioned above, need to prove the station owner did know about the
problem, or should have known about it. Nozzles don’t have a habit of
separating from the hoses, so it’s likely the owner should have known
about the problem, have seen it or had it mentioned to him or her by
other patrons filling their vehicles.
The other argument in your favor would be the fact that the standard
of care or maintenance at a service station would seem to dictate that
the hoses be checked for faults on a regular basis. Given those
factors, you may be entitled to some form of compensation depending on
the severity of your injuries.
If they are not that serious, you may not get a lot of money in
return. Many personal injury cases are expediently evaluated on the
basis of the degree of liability the station owner has, the exact
nature of the injury, the type and amount of medical bills you may have
incurred now, and perhaps in the future and any pain and suffering you
struggle with now and in the future. In addition, you may be able to
claim lost wages now and in the future.
Based on the fact that there were no serious injuries but there was
severe pain from gas in your eyes, you may have a claim for the pain,
stress and inconvenience as a result of the nozzle separating from the
hose and dousing you with gas. Contact an attorney as soon as you can
and make sure that the attorney not only handles personal injury
claims, but premises liability. You never know, this kind of thing
might have happened at the same gas station before and this would be
good for your case. If the facts of your case merit a lawsuit, your
attorney will begin to preserve evidence, examine maintenance records,
get photographs and determine what kind of liability insurance the
station has. Don’t delay contacting an attorney, as time is of the
essence.
Tim Anderson works with Atlanta Personal Injury attorney, Stephen M.
Ozcomert. The firm specializes in personal injury, malpractice,
motorcycle accidents, and wrongful death. To learn more about Atlanta
personal injury lawyer, Stephen M. Ozcomert or Atlanta personal injury, Atlanta personal injury lawyer, Atlanta personal injury attorney, visit Ozcomert.com.
Personal Injury Car Crashes and Assessing Damages
It’s hard to try and set an amount of damages that you may have
sustained in a car crash. The sheer overwhelming number and type of
wounds may totally confuse you, not to mention having to repair your
vehicle.
During the summer the highways and by-ways across America are jammed
with holiday and regular travelers, add into this mix 18-wheelers, road
construction, detours and unpaved roads waiting for upgrading, and you
have the potential for accidents. It’s often bad enough traveling in an
area you are familiar with, never mind going out of state to a place
you have never been to before and have no idea how their traffic
patterns will affect you. This makes it tough to know if you have
enough insurance to take long distance road trips.
The inevitable may strike your first trip or your fifteenth trip,
and when it happens those injuries are put into a category that will
tell you the approximate dollar amount that may be awarded for those
injuries. There are so many factors that need to be dealt with, not the
least of which is determining who is at fault in the accident, the
percentage of culpability, medical bills, down time from work, pain and
suffering, the continual stream of medical rehab expenses you may face
and yes, vehicle repair costs.
When you do submit a claim to an insurance company, every one of the
above factors will be taken into consideration before the company works
out how much they are going to offer you for a personal injury claim.
At this point, if you have not spoken to a personal injury lawyer, then
you should in case you get a lowball offer as settlement for your
injuries. The thing with a great many injuries is that although they
may not look serious on the surface, and may not hurt that much right
now, they could develop into something potentially deadly later, e.g.
neck and head injuries.
Figuring out how much your injuries are worth is just about the most
important aspect of a personal injury claim, and it is also the hardest
part to calculate. This is yet another reason why you need to be
consulting with an experienced personal injury attorney who is able to
assess your injuries and figure out what they may be worth if your case
is taken to court.
Keep in mind that insurance companies will only offer you what
“they” think your claim in worth and you can bet that what they think
it’s worth and what you think it’s worth don’t agree. Let’s face it, an
insurance company is in business to keep its claims to a minimum, not
offer large sums of money to settle personal injury claims.
In most cases the person who was negligent and caused the accident
(liability) has to ante up money to the injured person for things like
permanent physical disability, disfigurement, lost wages, medical and
rehabilitation care and other expenses, loss of educational, social and
family experiences (missed school, training, recreation, vacation,
etc.) and emotional damages such as stress, depression and damaged
property.
Even though the insurance company has a formula to figure out
damages, they may be right out of the ballpark when it comes to fair
compensation. Always speak to a highly skilled personal attorney and
find out the real scoop on how much your personal injuries may be worth
if you are successful in court.
Tim Anderson works with Atlanta Personal Injury attorney, Stephen M.
Ozcomert. The firm specializes in personal injury, malpractice,
motorcycle accidents, and wrongful death. To learn more about Atlanta
personal injury lawyer, Stephen M. Ozcomert or Atlanta personal injury, Atlanta personal injury lawyer, Atlanta personal injury attorney, visit Ozcomert.com.
Texting While Driving a Major NO NO
It doesn’t take a rocket scientist to know that texting while
driving a vehicle is a remarkably bad idea. The results may be deadly
for both the texter and the person they hit.
Adults don’t generally try to text while they are driving; most
likely due to the fact they realize it’s not a very smart move. Teens
and inexperienced younger drivers, however, have a disturbing record
for attempting to text while handling a car on the road. The
consequences are not pretty. Consider the statistics that show 5,000
teenagers killed annually in traffic accidents. This isn’t to say they
were all caused by the drivers foolishly texting while driving, but a
significant proportion of that number were doing precisely that at the
time of the collision that killed them.
Even more disturbing than those figures, another 2,500 people were
also killed by vehicles driven by teens doing a variety of things like
talking on a cell phone, yakking to their friends in the backseat or
attempting to reply to an email with their Blackberry. Inattention
kills. It’s just that simple. This nationwide problem is being dealt
with in various ways by each state. If you’re unsure what the law says
in your state, consult with an experienced personal injury attorney.
Some states are getting downright innovative in trying to address
the problem of texting teens. For instance, New York recently voted to
bring in a bill that not only bans texting while driving (statewide)
but kicks up the license requirements for younger drivers. For
instance, the practice driving that teens do with an adult prior to a
road test and getting a junior license has been substantially
increased. It went from 20 hours to 50 hours and added in 15 hours of
night driving. In addition, a learner’s permit must be held for six
months before a junior license is issued.
When it comes to the infamous Blackberries and various assorted
pagers, personal digital assistance, laptops, gaming devices and other
two-way messaging systems, they are simply banned outright, with the
exception of being used for “emergency” situations. Of course, what
constitutes an emergency for one person may not be an emergency for
another. Fines run to $150. Interestingly enough, there is one odd
exclusion and that is iPods. We’re not sure why those weren’t banned
either, as listening to an iPod while driving means emergency vehicles
can’t be heard and the driver can’t react appropriately to allow them
to pass.
There is no doubt that text and driving don’t mix. Even in the state
of Georgia there is a problem with this kind of irresponsible activity.
Unfortunately Georgia only has a cell phone ban, but nothing in place
for texting. Would a texting ban be a good piece of legislation to
bring into effect in Georgia? Undoubtedly it would be; the question is
what would it take to make that happen?
In many instances new legislation addressing problems like texting
while driving doesn’t come into being until there have been a number of
fatal accidents that highlight the behavior as a problem. While that’s
a rough way to introduce lifesaving legislation, it may be what happens
in Georgia’s case unless someone wants to advocate for change now.
Tim Anderson works with Atlanta Personal Injury attorney, Stephen M.
Ozcomert. The firm specializes in personal injury, malpractice,
motorcycle accidents, and wrongful death. To learn more about Atlanta
personal injury lawyer, Stephen M. Ozcomert or Atlanta personal injury, Atlanta personal injury lawyer, Atlanta personal injury attorney, visit Ozcomert.com.
80,000 Pounds and Rolling
If you’ve ever spent any time on an Interstate Highway in the US,
you will have had an up close and personal experience with sharing the
road with a big rig.
There is no doubt that our highways are teeming with all types of
vehicles, and some of the largest ones happen to be trucks and trailer
units. Thanks to their massive size, these rigs are exceptionally
deadly if involved in an accident. You’re looking at close to 80,000
pounds of steel hurtling down the road and it is unable to come to an
immediate stop.
In fact, it takes three times the amount of time for an 18-wheeler
to stop compared to a normal vehicle. This is a factor that people
should keep in the back of their minds when they cut in front of a rig
and then do something incredibly stupid like slow down or suddenly stop.
Most large rigs should really be looked at as accidents waiting to
happen given their size and the number of things that may go wrong when
they are traveling at high speeds on a highway. Aside from trucker
negligence, there may be vehicle maintenance problems, tire problems,
bad weather that makes it hard to drive or even uneven load
distribution.
Whatever the cause of the accident, it’s a sad fact that roughly
every 16 minutes there is a large rig accident in the US that takes a
life or severely injures or disables another person. Large rig
accidents cause some very traumatic injuries that include spinal cord
injuries, brain injuries (coup and contre coup), broken bones, scars,
acute bruising, paralysis, amputation and disfigurement.
While it may be the trucker at fault for the accident, or his
employer, it’s best to discuss your case with an expert personal injury
lawyer. Big rig accidents are never easy on the victim as they are
complex and require a lot of groundwork to make a solid case. These
cases are incredibly complex because of the nature of the liability and
the number of people involved from the insurance company to the trucker
and from the employer to the crew who maintained the road where the
accident happened. Suffice it to say that there are a multitude of
factors that need to be considered in big rig cases and only an
experience personal injury attorney will be able to handle them.
Unfortunately, it’s a fact that many road rules go by the wayside
when tired truckers attempt to meet often unrealistic delivery
deadlines. Fatigue plays a significant role in accidents, as does the
condition the driver and the truck itself, prior to the accident.
It’s the little details that count in preparing a personal injury
lawsuit. Trust your attorney to do his job and make sure you obtain
justice.
Tim Anderson works with Atlanta Personal Injury attorney, Stephen M.
Ozcomert. The firm specializes in personal injury, malpractice,
motorcycle accidents, and wrongful death. To learn more about Atlanta
personal injury lawyer, Stephen M. Ozcomert or Atlanta personal injury, Atlanta personal injury lawyer, Atlanta personal injury attorney, visit Ozcomert.com.
Medical Errors May Cost Lives
Every year there are more deaths across America chalked up to
medical errors. This is when a health care professional doesn't offer
the patient quality care, and injuries or death may result.
Medical malpractice/medical errors don't just happen in the
hospital, although this is the association that many people have when
they think about this term. In addition, it's not just physicians that
may make the errors. Those who may make an error in medical management
include surgeons, dentists, nurses, hospital workers, eye doctors and
general practitioners.
If you have questions about the statistics, then make it a point to
check out the Journal of the American Medical Association. One of their
most notable articles indicates that roughly 12,000 deaths happen
yearly thanks to unnecessary surgery. Close to 7,000 fatalities were
the result of medication errors in hospital and nearly 20,000 deaths
were the end result of other errors in a hospital setting. The dollar
amount that goes along with these errors is astronomical.
You may be wondering what kinds of errors happen in a hospital
setting besides medication errors, which typically leads the list of
mistakes. In fact, a recent study done by the Institute of Medicine of
the National Academies shows that at least 1.5 million people a year
are harmed as a result of errors in medication.
There are actually a large number of things that may go wrong in a
hospital, including surgical errors, medical experimentation,
anesthesia errors, birth errors, misdiagnosis or delayed diagnosis,
wrongful death, and failing to take the correct medical action deemed
appropriate. This is just the tip of the medical error iceberg too.
If you've been the victim of a medical error, you may stand to lose
your job, lose wages, perhaps suffer a permanent disability which may
affect the quality of your life, loss of future income, ever increasing
medical bills, chronic pain and much more. These are also some of the
things you may be able to seek compensation for when you speak to a
qualified medical malpractice lawyer.
An experienced med mal attorney will strive to ensure you recover
appropriate compensation for the various losses we have discussed in
this article.
Tim Anderson works with Atlanta Personal Injury attorney, Stephen M.
Ozcomert. The firm specializes in personal injury, malpractice,
motorcycle accidents, and wrongful death. To learn more about Atlanta
personal injury lawyer, Stephen M. Ozcomert or Atlanta personal injury, Atlanta personal injury lawyer, Atlanta personal injury attorney, visit Ozcomert.com.
Whoops – that Fall Hurt
Premises liability law has been around for a lot of years, but still, many people don't really understand what it means.
To put this simply, premises liability is all about someone falling
and injuring themselves due to the carelessness or negligence of a
business or property owner. If this happens, the victim has a right to
pursue compensation for those injuries.
Typically, the person who owns a business or operates it, is liable
for dangerous conditions that they know about and either don't deal
with them, and/or don't warn people about the potentially dangerous
situation. The other side of the coin is that they "should" have known
about the dangerous condition by regularly inspecting the property.
There is such a big emphasis on knowledge because it is critical to
the imposition of liability. So in the above example, the notice a
landowner/business gets may be constructive or actual. For instance, if
the owner of the property is the one who creates the dangerous
situation, they are deemed to have actual notice of it, because they
created it.
On the other hand, if the owner/operator or the workers don't create
a dangerous situation, they may still be liable for constructive notice
of the danger. This means that the bad situation was there for such a
long time they should have seen it or done something about it by doing
regular inspections.
Let's use the example of someone spilling hot coffee on a floor and
it is not cleaned up. The actual proof of how long that spill has been
there lies in the condition of the spill. If it's partially dry or has
footprints tracking through it, it's obviously been there for some
time, and therefore, the owner/manager should have known and done
something about it. This is a good example of constructive notice.
Of interest, is that the most common mistake a business owner makes
is in not warning people that come to his or her property that there
may be an unavoidable danger. Some businesses, just because of the
nature of what they do, are considered to be inherently dangerous.
Those businesses need to have the premises posted with warnings. If
the venture is something like a swimming pool and they have a wet deck
all the time and warn people about it, then they are not necessarily
required to fix the situation (difficult to do if it's a pool deck).
There are many other rules and exceptions when dealing with premises
liability law, including third-party liability, so it's best to speak
to an attorney who is intimately familiar with the ropes. They will
help you build a solid case.
Tim Anderson works with Atlanta Personal Injury attorney, Stephen M.
Ozcomert. The firm specializes in personal injury, malpractice,
motorcycle accidents, and wrongful death. To learn more about Atlanta
personal injury lawyer, Stephen M. Ozcomert or Atlanta personal injury, Atlanta personal injury lawyer, Atlanta personal injury attorney, visit Ozcomert.com.
Surgical Malpractice
Having an operation ranks as number one on a list of things people
would rather not do. There is an enormous amount of trust placed in the
hands of a surgeon, and one hopes there are no surgical errors.
It's tough enough to get up the courage to face major surgery
without also having to worry if the surgeon is in top form and able to
do the job. Unfortunately however, surgical medical malpractice results
in approximately 98,000 deaths a year. These statistics, courtesy of
the Institute of Medicine, further suggest that total does not include
patients who have wound up with life altering injuries due to surgery.
What is surgical medical malpractice? Most commonly it is the result
of a surgeon failing to give their patient proper care, and that
failure ends up causing serious injuries or death. Typically, this
would have to do with a surgeon not adhering to accepted medical
standards or not properly utilizing their skills.
Sadly, surgical medical malpractice is often due to very simple
errors that should not have occurred had the surgeon been paying close
attention to the surgical field, things such as using improperly
sterilized instruments, a wrong incision, the puncture wound or a cut
to an organ, anesthesia errors, surgery on the wrong organ or side, and
instruments left inside a patient on closing.
Errors during surgery are one thing, negligence in diagnosing the
right kind of operation necessary is another, and that is also
classified as surgical medical malpractice. The three most often
encountered classifications of surgery are emergency, urgent and
elective. In the case of emergency surgery, it needs to be done post
haste, not delayed. Urgent surgery needs to be done within a two-hour
time frame, and elective surgery may be put off for some time.
Many procedures are prone to surgical malpractice, some more so than
others. The ones that seem to be the most susceptible to errors are
operations involving thoracic surgery, cosmetic surgery, gastric
bypass, cardiothoracic and child delivery. While it is true that
surgical medical malpractice is a reality of life, this isn't to say
that the majority of surgeries don't go precisely as planned, and were
deemed a success.
If you suspect you have been a victim of surgical malpractice,
contact a medical malpractice attorney and find out what your rights
are in this situation. Your attorney will be able to advise you of how
cases such as this are handled.
Tim Anderson works with Atlanta Personal Injury attorney, Stephen M.
Ozcomert. The firm specializes in personal injury, malpractice,
motorcycle accidents, and wrongful death. To learn more about Atlanta
personal injury lawyer, Stephen M. Ozcomert or Atlanta personal injury, Atlanta personal injury lawyer, Atlanta personal injury attorney, visit Ozcomert.com.
Are Your Premises Safe?
If you have dangerous or hazardous conditions on your property, it
would be wise to know the ins and outs of premises liability before
someone injures themselves.
Basically the law of premises liability is a branch of personal
injury law that covers injuries sustained as a result of dangerous or
hazardous conditions on a piece of property. The major premise here is
that a person who owns property – homeowner or commercial property – is
(to a certain extent) responsible for what happens on that property.
This means the owner is obligated to make sure the property and/or any
buildings on that land are in safe condition for others.
The other name for cases in this area of law -- perhaps you don’t
recognize the term premises liability -- is slip and fall cases. The
bulk of cases in this area usually do deal with falls on slippery
surfaces, trips over various hazards and other things, such as stairs
in poor repair. It shouldn't come as much of a surprise that this area
of law is connected to several others as well.
Other injuries that may be covered by the doctrine of premises
liability are porches collapsing, lead poisoning, mercury
contamination, elevator malfunctions or drops, stairs that collapse and
property fires. No two premises liability cases are alike and each one
must be considered on its own merits. However having said that, there
is one common element in most of these cases, and that would be
negligence. The courts need to know if a property owner or manager is
liable for a plaintiff's injuries.
Proving responsibility for someone else's injuries requires three
components or elements. The first is a showing of duty, meaning that
the owner did know or should have reasonably known about a hazard on
his or her property. The second element refers to a breach of duty, in
that it must be proven that the property owner failed to act "as a
reasonable person" to remove or fix the danger.
Element three is that the plaintiff must show a causal link. In
other words, prove that the defendant did not follow a reasonable
standard of care and that this failure was the "direct and proximate
cause" of the plaintiff being injured. If you have had an accident on
someone's property and want to know your legal rights, contact a
premises liability attorney to discuss your situation.
Tim Anderson works with Atlanta Personal Injury attorney, Stephen M.
Ozcomert. The firm specializes in personal injury, malpractice,
motorcycle accidents, and wrongful death. To learn more about Atlanta
personal injury lawyer, Stephen M. Ozcomert or Atlanta personal injury, Atlanta personal injury lawyer, Atlanta personal injury attorney, visit Ozcomert.com.
Elevated Lead Levels
Even today, lead levels are a problem, especially for younger children.
Although there are regulations in place to prevent lead poisoning,
it remains a chronic health issue for kids. It is so prevalent that the
Centers for Disease Control and Prevention have provided the rough
estimate that over 300,000 children suffer from elevated levels of lead
in their systems. One in six children are reported to have a "high"
level.
If you're wondering why the rate of lead poisoning seems to be
higher for children, it's because their absorption rate is a great deal
higher than that of an adult. For instance, the rate of absorption
(gastrointestinal) in adults is 3% to 10%. In children it is 40% to
50%, which is alarming and explains why children have such difficulty
with lead poisoning symptoms.
Lead poisoning creeps up on a person over a long period of time;
meaning long exposures to minimal concentrations of lead (such as lead
based paint) may result in a toxic level of lead in the body. This is
often referred to as chronic lead poisoning, and seems to be the most
common.
Even though lead paint was banned in 1978, older buildings that
predate that ban still have lead paint on the premises. There may also
be landlords or building owners who chose not to remove the hazard from
their properties. Imagine the potential consequences for children
living in such buildings.
The poisoning seems innocuous if you aren't aware of what is going
on, or don't know that you live in a home or apartment with lead-based
paint. Over time, the paint begins to disintegrate and winds up
becoming lead dust.
This is particularly bad on doorframes and windowsills. If the dust
stayed in one place and was easy to clean up, the problem might not be
as bad. However, it tends to settle on everything in the home,
including toys and other objects to which children are exposed. Of
course when children play, they put things in their mouth. Lead paint
chips are also quite attractive to children who often will experiment
by eating them.
What are the consequences? Over time lead poisoning may result in
anemia, hearing loss, mental retardation, kidney malfunction,
headaches, learning disabilities and hyperactivity. If you happen to be
pregnant, the baby may experience retarded growth, delayed sexual
maturation (females), low birth weight and gestational age.
If you suspect lead poisoning, get a blood test to confirm your
suspicions and then immediately speak with a competent attorney who
will assess your case to file a lawsuit for damages.
Tim Anderson works with Atlanta Personal Injury attorney, Stephen M.
Ozcomert. The firm specializes in personal injury, malpractice,
motorcycle accidents, and wrongful death. To learn more about Atlanta
personal injury lawyer, Stephen M. Ozcomert or Atlanta personal injury, Atlanta personal injury lawyer, Atlanta personal injury attorney, visit Ozcomert.com.
Prescription Drug Injuries or Death
It was a poor choice at best and a deadly choice at its worst. The
switch the medical community made from prescribing Oxycontin to using
methadone only added fuel to the fire of drug addiction.
Once it was discovered that Oxycontin had the ability to turn people
into drug addicts, doctors started to hunt for something else to hand
out instead to act as an effective painkiller. Their next drug of
choice turned out to be methadone and, in hindsight, it might have been
a worse choice than Oxycontin.
Methadone has crept in quietly and taken over one of the leading
roles in today's drug addiction problem. The overdose statistics are
frightening. Would you believe that they increased by a whopping figure
of 500% between 1999 and 2005, and that was prior to doctors switching
to prescribing it instead of Oxycontin? It seems likely that the
numbers will have increased since then.
Using methadone as a short-term painkiller is one thing,
particularly if is used to aid recovery from a serious injury or
accident. Using methadone precisely as prescribed and only for the
specified period of time, will most likely avoid addiction problems.
Using methadone for the long haul is asking for trouble of the worst
kind.
Generally speaking, methadone is normally handed out for severe
pain, or at least it used to be. It seems that more and more it is also
being favored for moderate pain. Ask the people who died using
methadone if it was worth the risks. There are definitely other viable
options the medical community could champion instead.
Methadone is noted to be an extremely addictive drug and it is, like
smoking, very hard to stop. The withdrawal symptoms are tough both
mentally and physically and most people in withdrawal need medical drug
detox in addition to a full drug rehabilitation program in a treatment
center. This is not a drug to mess around with.
This drug is so dangerous because it causes changes in breathing
(slower respiratory rate) and changes in a person's heartbeat that a
patient might not feel. The real kicker is that although the pain
relief lasts for a few hours, the drug stays in the system longer.
Adding more methadone to what is already in the body may cause problems
such as coma and death. It also metabolizes slowly and pain relief does
not come as fast as people expect, so they take more which compounds
the problem.
If you or a loved one has faced serious consequences after taking
methadone, or if a family member has died because of a methadone
overdose, immediately contact an experienced attorney and discuss your
options for filing a methadone lawsuit.
Tim Anderson works with Atlanta Personal Injury attorney, Stephen M.
Ozcomert. The firm specializes in personal injury, malpractice,
motorcycle accidents, and wrongful death. To learn more about Atlanta
personal injury lawyer, Stephen M. Ozcomert or Atlanta personal injury, Atlanta personal injury lawyer, Atlanta personal injury attorney, visit Ozcomert.com.
Company Snapshot
Stephen M. Ozcomert - Personal Injury Lawyer
215 North McDonough Street
Decatur, GA 30030
P. (404)-370-1000
www.ozcomert.com
