Month: January 2009

Premises liability is a bit of a strange duck in the legal arena, and proving slip, trip and fall injuries is sometimes hard work.

Oddly enough, premises liability deals with personal injuries. On the surface one would think it is about a landowner, and obviously the conduct of the property owner needs to be examined. However, this area deals with cases involving injuries to others while on the property owner’s premises.

These injuries are most commonly slip and fall, or trip and fall incidents, but may also involve cases where the property owner has failed to provide adequate security against known hazards; for example, criminal conduct - where there is a history of criminal activity that the property owner knew about or should have known about.

The key to dealing with premises liability is that a property owner (public or private) is, to a certain extent, responsible for what happens on that particular property. The bottom line is that the courts hold that landowners have a duty/obligation to make sure their premises and the approaches to the premises are safe for their business customers (often called business invitees).

Property owners owe a lesser duty to licensees, who are often social guests, which normally consists of a duty to warn them of known dangers. While this may sound fairly straightforward, it rarely is, as Georgia super lawyer, Stephen Ozcomert of Atlanta, knows fully well.

“Premises liability cases are actually referred to as slip and fall cases; or slip, trip and fall cases,” explained Ozcomert. Certainly a large number of the cases Ozcomert handles deal with falls on wet floors, diving head first down a set of faulty stairs or tripping over uneven sidewalks. However, just as many of his cases deal with other aspects of this area of the law.

“Premises liability could just as well deal with an old residential building whose apartments have been painted with lead based paint,” said Ozcomert. Lead paint is dangerous and has been known to cause physical and developmental defects in children. In this instance, a premises liability lawsuit would be likely if the landlord or manager knew about the danger, but did nothing about it - in other words, was negligent.

To prove negligence in these cases there must be three elements present: that the property owner had a duty (knew or should have known about a property hazard), that they breached that duty (didn’t fix the hazard), and there was a causal link between the defendant’s negligence and the plaintiff’s injuries.

“Personal injury cases deal mostly with negligence, and premises liability is no exception to that rule,” commented Ozcomert. Negligence in premises liability cases would be a test of whether or not the landowner or property owner was indeed responsible for a plaintiff’s injuries.

To learn more visit http://www.ozcomert.com.

Automobile crashes are the leading cause of death in the United States. This is a dismal observation when one considers the number of rules of the road and regulations that have been put into place in an attempt to reduce the number of traffic deaths. Nonetheless, accidents continue to happen and families continue to face the death of a loved one.

It’s thoroughly frightening to realize that each year over 40,000 people will die on the roads. That would work out to about 115 fatalities a day. Think about those numbers and then think about the high cost of auto crashes both in terms of lost lives and in damages.

Auto accidents, on average, cost Americans over $150 billion each and every year. Think of how that kind of money could be put to good use in the economy instead of cleaning up after accidents.

The end results of auto crashes are devastating to those left behind as well as those who have been seriously injured and are facing a lifetime of rehabilitation. No one knows this better than Georgia Super Lawyer, Stephen Ozcomert of Atlanta, Georgia. A highly regarded personal injury lawyer, Ozcomert has many years of experience dealing with car crash victims. “An accident isn’t ‘just’ an accident, it has many other ramifications and consequences,” stated Ozcomert.

“The chances are that everyone will be involved in at least one accident in their lives. They should know their rights, and we work to ensure they get justice,” added Ozcomert. Justice isn’t the only thing that Ozcomert works for. He makes it a point to educate his clients in the process they are facing when they have a court case. Noted for being highly detail oriented, Ozcomert is a hands-on kind of lawyer who gets totally involved in his cases.

Ozcomert knows how to assess medical situations in a split second and bases his advice on what he knows the courts are willing to award in certain instances. Those involved in a serious crash with life-altering disabilities are usually eligible for damages for things such as lost wages, medical bills, the cost of rehabilitation and loss of consortium among other things.

“We also deal with the insurance companies who are trying to get our clients to settle for less than they would be entitled to in a court of law. This is another reason why those involved in a car crash need to speak to a competent attorney,” explained Ozcomert, of Ozcomert Law in Atlanta, Georgia.

To learn more visit http://www.ozcomert.com.

While many people view motorcycle riders as a few pennies short of a full bank, the real truth of the matter is that car/motorcycle crashes are often the fault of the car, not the biker.

If you take a good look at some of the traffic accident statistics, the first thing you will notice is when it comes to a “car meet motorbike collision,” it is usually the fault of the car driver. There are a variety of reasons for this, ranging from the bike was in the driver’s blind spot to the car driver wasn’t able to accurately judge the speed of the motorbike.

The most interesting facts and figures have come forth from a study done by the University of Southern California. They found that in nearly three quarters of motorcycle collisions, the other vehicle was – you guessed it – a passenger automobile. In most instances it was the car driver that infringed on the rights of the motorcycle’s right-of-way. Other factors are bad road conditions, alcohol, speeding, undivided roads and riding skills.

This study is actually the one that made more people realize that drivers have trouble noticing motorbikes in traffic, hence the comment many people make that “I just didn’t see it until it was too late.” This is an often-repeated refrain to both the police and insurance companies when dealing with the aftermath of such accidents.

Speaking of insurance companies, this is where the bike rider should definitely contact an experienced motorcycle collision lawyer; one who knows how to assess the myriad of details needed in crashes of this nature. While it might seem pointless to hire a lawyer when the insurance company has come up with a nice offer, make that call and talk to an attorney. Insurance companies are not in the business of offering you a fair settlement and your lawyer will tell you that right away.

Know your rights by discussing your case with a competent motorcycle crash lawyer. S/he will put a stop to the insurance company trying to make the accident your fault just because you were riding a motorcycle. The lawyer will also ensure you get fair treatment and a just settlement from the justice system.

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, visit Ozcomert.com.

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The last thing people seem to pay any attention to is their tires, which is inexplicable since the tires are the very thing that gets them from point A to point B. Much like the old saying “No foot, no horse,” it is a fact that without proper tires the risk of a fatal accident is extremely high.

In general, all types of vehicles use tires of one sort or another, and really, anyone is vulnerable to tire problems from time to time. However, big rigs (those large semi tractor-trailers) have more than their fair share of tire blowouts simply due to the enormous amount of weight they haul. Usually, if they’re going to experience a tire problem, it will be with a blowout or tire tread separation.

It’s not only heavy-duty wear and tear that causes tires to go bad. Blemished tires are often the culprits. In fact, unsound tires have been the cause of some really serious personal injury accidents and deaths. What usually happens is the driver experiences a sudden and unexpected blowout, skewing the car sideways and ripping the wheel out of their hands.

Rear tire blowouts are particularly difficult when the vehicle is travelling at highway speed. The loss of control usually means the rear of the vehicle swings around and winds up being perpendicular to the direction of travel. Unfortunately, due to a design flaw - a high center of gravity – found in light trucks, SUV’s and vans, the end result is a roll over.

It’s common knowledge that there have been numerous defective tire recalls over the past few years. This has not solved the safety problem, as these tires continue to cause fatalities and serious injury accidents. Be aware that the tread on your vehicle is on its way out when small cracks develop on the side of the tire (by the serial number).

This failure is directly due a design and manufacturing defect. The small cracks, hard to see with the naked eye, turn into larger ones that develop in the tire’s belts, causing premature fatigue and tread failure.

Interestingly, even though there were tire replacement/reimbursement programs offered by some of the larger tire manufacturers, there was a push by consumer safety groups to have the National Highway Traffic Safety Administration find out if these programs are truly effective or just a band-aid approach to a serious problem.

Despite the fact that tire manufacturers are legally responsible to let consumers know about a defective product, they still continue to make and sell flawed tires. The whole point of letting people know about a bad product is to prevent accidents. If the manufacturers keep making bad products, nothing is accomplished to save lives.

If you have been in an accident and feel that the cause of your mishap was subnormal tires, be sure to contact a defective product lawyer as soon as you can. Discuss the facts of your case with him or her and find out if there is enough evidence to proceed with a court 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, visit Ozcomert.com.

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