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Am I a Victim of Faulty Premises Liability?

Faulty premises liability protects individuals who are hurt on another person’s property due to unsafe or defective conditions caused by negligence. It is important to note that just because someone is hurt on another person’s property, does not make the owner liable. It must be shown that the homeowner or property owner knew these unsafe conditions existed and did not repair or maintain them as they should have, causing the injury or accident to occur.

A few types of accidents that could constitute faulty premises liability:

  •  Dog bites
  •  Inadequate security leading to assault
  •  Slips and falls
  •  Elevator accidents
  •  Exposure to toxic fumes
  •  Swimming pool accidents (accidental drowning)
  •  Fires

Legal Responsibilities of a Property Owner

The owner of a home or property must protect invitees, licensees, and trespassers with varying guidelines based on the person’s reason for being on the property: invitees, licensees, or trespassers.

 

  • Invitees are considered guests. These guests are like friends, family and neighbors or customers in a store. This category of people is thought to be owed the most protection and fair warning from a property owner regarding any unsafe conditions.
  • Licensees are considered those who venture onto the property for their own purposes – such as workers or salesmen. The owner of the property is usually somewhat less liable for injury. However the distinction between invitees and licensees rights vary state-to-state.
  • Trespassers are those who enter a property without permission. Trespassers usually enter at their own risk; the owner of the property has not implied that the property is safe or maintained. This does not apply to children. Owners of the home or property can be held responsible if they have knowingly created or maintained conditions that can cause injury to trespassers.

Limitations of Faulty Premises Liability

The most common limitation to faulty premises liability is that of comparative fault. Comparative fault occurs when the person injured is partially at fault as well, as it is expected that everyone exercise reasonable care for their own safety regardless of their location.

Another limitation is that of the lessor or landlord. When a lessee, or tenant, gains control of a property through a lease, there is often a rule or clause stating that anything causing injury or harm is out of the control of the landlord. Most rental leases contain important clauses and rules, there are exceptions to this however.

Contact the Personal Injury Experts at Moraitakis & Kushel, LLP

If you believe you may have a faulty premises liability case, contact the experienced attorneys at Moraitakis & Kushel by phone at 404-445-1411 or by using our online contact form.

Your consultation is free and you pay nothing unless there is successful conclusion or settlement of the case.

Undocumented Couple Injured in Hit and Run Receive $1.13M Deal

The hit and run accident involving a street sweeper and two undocumented immigrants posed a quite a challenge for Decatur lawyer, Jeremy Citron. His clients, Ramon Medrano-Ortega and Estella Carillo, won a $1.25 million settlement thanks to his decision to avoid a messy lawsuit.

Because his clients did not have health insurance, it was essential that they obtained compensation for the medical treatment they needed. He also feared a lawsuit may delay their ability to recover lost wages due to their undocumented status.

According to the Gwinnett County Police report, the married couple was driving to church when a commercial street sweeping truck rear-ended their SUV on May 6, 2012. The impact forced Medrano to swerve into a concrete barrier, causing the SUV to flip. The vehicle came to rest on Dawson Boulevard, which runs parallel to I-85 in Norcross.

The driver of the street sweeper, Gregory Jeffery, fled the scene. Police found his converted truck 5 miles away. It had been abandoned at the bottom of an entry ramp to US 78, west of Mountain Industrial Boulevard in DeKalb County.

As a result of the accident, Medrano suffered significant back injuries and had to undergo two surgeries. Carillo, the passenger, suffered a head injury and herniated discs in her lower back.

Trucking Accident Cases at Moraitakis & Kushel, LLC

Within seconds, a collision with a truck can result in serious injury, property damage, and immeasurable trauma. Due to insurance issues, trucking accidents can quickly become complex. Although the insurance company of the party at fault is required to pay damages, you may not receive the compensation you need with their first offer –that’s why you need an experience trucking accident attorney on your side.

At Moraitakis & Kushel, LLP, we have the knowledge and experience you need to win your case and obtain the compensation you deserve. Call (404) 445-1411 to schedule your free consultation today. You pay no attorney’s fees unless we obtain a fair settlement or win a jury award on your behalf.

Types of Public Transportation Accidents in Atlanta

Atlanta has over 6 million people within its borders. Every day, whether for work or leisure, a large percentage of the population commutes using public transit or transportation services such as the Metropolitan Atlanta Rapid Transit Authority, or MARTA. MARTA consists of railways with 38 train stations as well as a network of bus lines.

However, in addition to subways and buses, public transportation also encapsulates a number of other modes of transport such as:

  • Taxis
  • Escalators
  • Limousines
  • Trolleys
  • Airport shuttles
  • Rideshares, like Uber and Lyft

Legal Duties of Public Transport Companies

Most businesses or companies licensed to operate as public transportation are heavily regulated and monitored by state and federal laws so that injuries or any harm to passengers can be avoided.

For instance, the carrier must make sure exits are kept clear, security is available when necessary, vehicles are maintained, there is no speeding, and that only qualified people are hired to operate and drive the vehicles. Unfortunately, not all of these rules are followed sometimes, resulting in public transportation accidents or injury.

Many insurance companies working for public transportation services will rush to settle out of court to avoid additional publicity and legal fees. That is why it is important to always consult an experienced, knowledgeable attorney before you agree to a settlement offered by a public transport agency or company.

Contact Us for More Information on Public Transportation Accidents

Don’t settle for less, receive the compensation you deserve. Public transportation services and companies should be held liable for any accidents they cause. Contact Moraitakis & Kushel, LLP so that you can receive optimum litigation and any possible compensation for loss of wages, medical bills, pain and suffering.

Contact our office by phone at 404-445-1411 or by using our online contact form. Your consultation is free and you pay nothing unless there is successful conclusion or settlement of the case.

Tuna Truck Catches Fire on I-75 in Clayton County

The holiday weekend has begun, and that means an increase in traffic on Atlanta highways. But holiday travelers and spring breakers headed toward Florida faced a unique delay this Friday morning: a truckload of tuna caught fire on I-75 in Clayton County.

The southbound truck, which was hauling 40,000 pounds of canned tuna, caught fire around 6 a.m. near Forest Parkway, the AJC reports. Authorities blocked all but one southbound lane of I-75 for over an hour, jamming traffic beyond I-285. Fortunately, no injuries were reported.

Trucking Accident Cases at Moraitakis & Kushel, LLP

Although the insurance company of the party at fault is required to pay damages, the first offer is usually not the best offer. At Moraitakis & Kushel, LLP, we have years of experience fighting cases like these and know how to get you the compensation you deserve. Before accepting any offer, give us a call. We’re Atlanta’s veteran trucking trucking accident attorneys who are not intimidated by complex cases or a team of corporate lawyers.

If you or a loved one was injured in a trucking accident, call (404) 445-1411 to schedule your free consultation today. You pay no attorney’s fees unless we obtain a fair settlement or win a jury award on your behalf.

Trucking Company Ordered off the Road After Fatal Accident

Federal investigators looking into a trucking accident that killed one Illinois toll worker and seriously injured a state trooper discovered a company history of regulation violations and record falsification. Investigators have called the trucking company, DND International, an €œimminent hazard to public safety’€. As a result, DND International trucks have been ordered off the road pending a complete investigation.

The fatal accident that spurred this investigation took place on January 27, 2014. Illinois toll worker Vincenzo Petrella pulled over with State Police Trooper Douglas J. Balder to help a disabled tractor trailer truck. While assisting with repairs, DND International driver, Renato Velasquez veered off the highway and crashed into the disabled truck.

The Petrella family is currently pursing law suits against DND International, and the driver, Renato Velasquez for negligence. According to state prosecutors, Velasquez slept only 3 ½ hours during his 37-½ hour shift. Investigators have since revealed a company history of trucking violations and €˜serious falsification’€™ in diver log books.

Legally, truck driver shifts can only last 14 hours, with a maximum of 11 hours driving. Drivers are then required to take a 10-hour break between shifts to prevent fatigue. When trucking regulations about shift length are not followed, there is a higher possibility that drowsy truck drivers are behind the wheel.

Trucking Accidents at Moraitakis & Kushel, LLP

At Moraitakis & Kushel, LLP, our legal team understands the intricate regulations that govern tractor trailer trucking in the United States. Our experienced lawyers know where to look for answers after atrucking accident. We know that tractor trailer accidents can cause serious injuries and large scale property damage. Our team helps people affected by tractor trailer accidents find justice.

If you, or someone you love, was involved in a trucking accident, contact Moraitakis & Kushel, LLP for support. We will work with you to investigate the truck driver and the trucking company to find real resultsafter your accident.

Truck Driver Charged in Wreck that Shut Down I-85 North

Truck driver Terry Curry, a 47-year-old native of Waxhaw, North Carolina, was charged with reckless driving after a catastrophic accident that occurred on December 26, 2013. Curry, who allegedly fell asleep at the wheel, is recovering in a nearby hospital.

According to the Virginia State Police, Curry violently swerved to the left at about 3:30 AM, and quickly overcorrected, at which point he lost control of the tractor trailer and hit the guardrail on the highway. Although no one was killed, the northbound lanes of I-85 were shut down from 10:30 AM to 1:15 PM as clean-up crews worked to remove the debris from the roadway.

Although truckers and trucking companies alike are outraged by the new rules enacted by the Federal Motor Carrier Safety Administration (FMCSA) in July 2013, this accident (among others) seems to affirm their necessity. The new provisions, which are currently under fire by representatives of the trucking industry, mandate that commercial vehicle drivers must take a ½ hour break during the first eight hours on the road. These laws also force truck drivers to take at least one €œrestart’€’€”a 34 hour off-duty period, once per week in order to catch up on much needed rest.

Big accidents, like the one in Petersburg, Virginia, are often the result of fatigued driving’€”something that the regulations enacted by the FMCSA are designed to eliminate.

Trucking Accident Law at Moraitakis & Kushel, LLP

 The expert trucking attorneys of Moraitakis & Kushel, LLP are committed to helping you and your loved ones gain the compensation you deserve. During your initial consultation, our attorneys will listen to your case and determine the legal options available to you. If we take your trucking accident case, our lawyers will use their extensive experience and resources to investigate the accident and build a solid case.

Below are just a few of the case results achieved by the attorneys of Moraitakis & Kushel, LLP:

  • $600,000 €“ Orthopedic Injuries incurred by an Auto Accident
  • $495,000 €“ Brain Injury caused by a Commercial Vehicle Accident

Truck Driver Charged in Fatal Accident Was Partially Blind

The families of the victims of a July trucking accident that occurred in Channahon, IL are calling for a federal inquiry into exemptions that allowed the truck driver in the accident, Francisco Espinal-Quiroz, to maintain his license, despite the fact that he is partially blind.

According to current policy, the Federal Motor Carrier Safety Administration (FMCSA) makes exemptions for drivers with physical or medical issues if they can pass certain medical tests and demonstrate a safe driving record of at least three years. This exemption must be renewed every two years, and Espinal-Quiroz had just had his license renewed for the fourth time on July 20th‘€”one day before the fatal accident.

Since it has come to light that the FMCSA was aware of Espinal-Quiroz’€™s impairment, there has been an outcry from not only the victims’€™ families, but also the general public. It is common knowledge that people with monocular vision, or vision in only one eye, have decreased depth perception and peripheral vision, both of which are key in operating a motor vehicle’€”especially large trucks and semis.

The July 21st chain-reaction crash resulted in the deaths of five people. Espinal-Quiroz has been charged with 15 counts of reckless homicide as a result of the crash.

Moraitakis & Kushel, LLP, Trucking Accident Lawyers

The expert legal team at Moraitakis & Kushel, LLP understands the complex laws and regulations involved in the trucking industry, and are highly experienced in trucking accident and personal injury law.

With over 70 years of combined legal experience, trucking accident attorneys Nicholas C. Moraitakis andGlenn E. Kushel work tirelessly to help their clients seek justice and proper compensation. If you would like to meet with our legal experts to discuss a potential case, call (404) 261-0061 or toll free at 1(800) 688-2357 to schedule a free consultation in our Atlanta area office.

Truck Accident Lawyer in Atlanta

Life changes the instant a major accident occurs. If you or a family member has been involved in a collision with a truck, you need a skilled truck accident lawyer in Atlanta. Our expert truck accident trial lawyers, Nicholas Moraitakis and Glenn Kushel, have the extensive knowledge and expertise necessary to get you the just compensation you and your family deserve.

Choose a Truck Accident Lawyer with Proven Results

As the leading Georgia serious injury law firm, Moraitakis & Kushel, LLP will represent your best interests in the complicated practice area of trucking accidents. Our firm is built on our reputation and results, and we are proud U.S. News and Best Lawyers chose us as one of the best law firms this year. You can feel confident in your choice of a truck accident lawyer in Atlanta with our firm.

In consideration of your case, we can help you with the numerous issues that will come up in litigation during a truck accident case, including:

  • Potential negligence on the part of the truck driver
  • Proof for compensation
  • Legal issues surrounding medical care
  • Legal ramifications if you are no longer able to work

We are not intimidated by corporate lawyers for the big trucking companies, and are determined to pursue your legal rights when you or a family member has been in a terrible accident. In this difficult time, we have the compassion and confidence you need to be your truck accident lawyer in Atlanta.

Call Today for an Atlanta Truck Accident Lawyer

Call today or visit us online for a free consultation. Contact us at 1-800-688-2357, or our local Atlanta number 404-445-1411. If you are looking for a truck accident lawyer in Atlanta who has tried and won numerous cases in tractor-trailer accidents, call today.

Trial Lawyer Seeks $20 Million in Wrongful Death Suit

According to NBC Los Angeles, plaintiff attorney Garo Mardirossian is pressing for $20 million as compensation for the wrongful death of a Southern California woman who was killed when her vehicle suddenly accelerated and spun out of control in 2009. Mardirossian went on to suggest that the installation of a brake override system in the 2006 Camry could have prevented the untimely death of 66-year-old Noriko Uno.

Toyota defense attorney Vincent Galvin expressed his deepest sympathies for the family and friends of Noriko Uno, but claimed that the vehicle €œcould have been stopped if someone wanted to stop it.’€ Despite the fact that Toyota Motor Corporation issued a recall for all 2007 Camrys to install the missing brake override system, Galvin assured jurors that the 2006 Camry was equipped with a top quality, state-of-the-art braking system.

According to the Associated Press, there are over 80 strikingly similar cases filed in state courts. This wrongful death lawsuit is considered a €œbellwether’€ case, which will be used to predict the outcome of similar claims.

Wrongful Death Cases at Moraitakis and Kushel, LLP

If you have lost a loved one in the past two years, Atlanta trial lawyers Moraitakis and Kushel, LLP have the knowledge and expertise to represent your wrongful death case. With over seventy years of combined experience, we have recovered significant compensation for families of those lost in accidents caused by product malfunction or improper warning labels as well as car and tractor-trailer accidents.

For qualified, experienced legal representation, call Moraitakis and Kushel, LLP at (404) 261-0016 or 1-800-688-2357 to schedule your free consultation with Atlanta’€™s top wrongful death law firm.

Trial Lawyers & Doctors Oppose Medical Malpractice Bill

Both Georgia Trial Lawyers Association (GTLA) and Medication Association of Georgia (MAG) have come out against Senate Bill 141, which is designed to replace the state’€™s medical malpractice system with a worker’€™s compensation-like review board.

The bill, also called the Patient Injury Act, is back by a group of health care administrators and providers known as Patients for Fair Compensation. The group claims the changes would curb unnecessary and costly medical procedures, allow more injured patients to be compensated, and speed up the claims process.

The bill calls for the creation of independent review panels designed to analyze patients’€™ injury claims.  The group also said that under the proposal “patients would be compensated within less than a year.”

But former Georgia Attorney General Mike Bowers, a Republican, claims the bill is unconstitutional based on the state Supreme Court’€™s 2012 decision in Atlanta Oculoplastic Surgery v. Nestlehutt, 286 Ga. 731. Justices unanimously overturned a state law setting caps on noneconomic damages in medical malpractice cases, ruling that caps violate the state constitution by impinging on the right to a jury trial.

In addition to calling the proposal unconstitutional, GTLA and MAG have criticized the measure for being bureaucratic and costly.

GTLA asserts the new system “would be manned by biased healthcare providers sitting in judgment of their colleagues.” MAG says the new system would increase the number of claims against doctors and hospitals.