Tag: General Litigation

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.

GM Recalls Reach 29 Million in 2014

General Motors Co., the nation’€™s largest auto maker, issued a recall on an additional 8.45 million vehicles last Monday. This announcement brings the number of recalled GM vehicles in North America up to 29 million for this year, updating their 2014 projected charge on earnings to $2.5 billion.

More than 8 million of the automobile recalls involved an ignition-switch defect, which can keep airbags from deploying in the case of an accident. In February, 2.6 million smaller vehicles were recalled for the faulty ignition-switch not only shutting off power to the airbags, but also to the vehicle’€™s power steering and power braking systems.

GM currently knows of seven automobile crashes that involved the recalled cars, causing three deaths and eight injuries.

Victims injured or killed in crashes involving certain vehicle models may be offered compensation payments from General Motors Co.

While the ignition-switch issue provided the largest number of recalls across North America, GM also issued recalls on Monday for vehicle models with electrical problems, a joint issue, and an engine block issue.

Although the first set of recalls were issued in February, GM has been aware of some of the issues for almost 11 years. General Motors Co. Chief Executive Mary Barra has issued an internal safety review in response to the latest recall, meaning that there may be more to come.

Legal Action for Product Liability at Moraitakis & Kushel, LLP

If you or a loved one was injured due to a manufacturing defect or design flaw, Moraitakis & Kushel, LLP can help. With 70 years of legal experience, the expert attorneys at Morataikis & Kushel, LLP are equipped with the knowledge and resources to help you and your loved one’€™s gain the compensation you deserve.

Contact Moraitakis & Kushel, LLP if you or a loved one sustained injury as a result of a manufacturing defect or design flaw. Our experienced lawyers specialize in product liability, and can help you fight your case to get the results you deserve.

Faulty Airbags Incite Massive Automotive Recall

One of the world’€™s leading producers of automotive safety products and systems, Takata Corporation, is behind a massive vehicle recall involving faulty airbags. According to preliminary reports, the affected airbag inflators may explode and send bits of metal shrapnel into front seat passengers.

After an initial recall was issued, Takata Corporation later informed automotive manufacturers more cars and airbags could be affected.

These incomplete safety reports from Takata Corporation lead to Honda, Nissan, Mazda and Toyota recalling more than five million vehicles worldwide:

  • Mazda is recalling close to 160,000 vehicles manufactured between 2002 and 2004.
  • Nissan is recalling 755,000 vehicles produced between 2001 and 2003.
  • Toyota is re-recalling 2.2 million vehicles built between 2002 and 2004
  • Honda is recalling over 2 million vehicles manufactured between 2001 and 2004

Honda, Mazda, and Nissan have all previously recalled vehicles due to faulty Takata airbags. Poor recordkeeping and incomplete safety reports by Takata Corporation have led to confusion about which vehicles are equipped with faulty airbags.

Honda and Toyota continue to investigate Takata’€™s information in an attempt to identify all affected vehicles.

In a recent statement, Takata Corporation informed the National Highway Traffic Safety Administration that other manufacturers, such as GM and BMW, also may have received the faulty airbags.

Faulty airbags have caused auto manufacturers to recall almost 10 million vehicles worldwide, and are responsible for several catastrophic accidents.

Product Liability Cases at Moraitakis & Kushel, LLP

The experienced product liability lawyers at Moraitakis & Kushel, LLP work to find compensation for people injured by manufacturing defects and design flaws. We use our 70 years of legal experience to guide product liability cases for our clients.

Contact the product liability attorneys at Moraitakis & Kushel, LLP if you or your loved one has been injured due to a defective product. Schedule your free consultation at (404) 261-0016 or 1-800-688-2357.

Elements of a Successful Products Liability Case

The laws of products liability vary by state, but there are common requirements and factors in products liability cases that allow plaintiffs to be successful. The three types of liability include manufacturing defects, design defects, and a failure to warn (marketing defects); shoddy materials, inherently hazardous design, and inadequate warnings of nonobvious threats are often what cause product liability cases.

When these defects arise in a product, individuals may be injured or even killed. It is your right as a consumer in the market to receive safe products. Moraitakis & Kushel, LLP represents clients who have been harmed due to products they have used.

Establishing a Products Liability Case

In order to have a valid products liability claim, consumers must establish negligence, strict liability, breach of warranty, and sometimes tortious misrepresentation.

Negligence occurs when a producing or selling entity breaches its duty of care to the consumer, and the breach of care causes harm or injury that results in damages. Strict liability occurs when a company is held accountable for a defective product, regardless of negligence; these laws vary by state. Breach of warranty refers to both express warranties and implied warranties. Express warranties are written or stated, while implied warranties are applied to products by law even if they are not included upon purchase.

Tortious misrepresentation is another basis on which consumers may file suit. Tortious misrepresentation occurs when a seller gives false or misleading information about a product. Defectiveness is not an issue in these cases, but rather false communication.

Who is Liable in Products Liability Cases?

Manufacturers, suppliers, and retailers have a duty to consumers to sell and make products that are safe. Injured consumers can bring claims against anyone involved in the design, manufacturing and marketing of the product that has harmed them. This may include parties such as:

  • Product manufacturers
  • Components parts manufacturers
  • Product assemblers
  • Installers
  • Wholesalers
  • Retailers

Identifying these parties with the help of our attorneys will help clients receive the maximum compensation. The statute of limitations limits the amount of time a plaintiff may bring a case against a defendant. In the state of Georgia, product liability cases must be filed within two years from the date of injury—or in cases of fatality, surviving family members must file within one year of the date of death.

The legal team at Moraitakis & Kushel, LLP will help you receive the compensation you deserve from any responsible parties. You have a right to recompense for any damages, including medical bills.

Contact Moraitakis & Kushel, LLP

For more information regarding products liability cases, contact Moraitakis & Kushel, LLP. Our legal team works in a timely and cost-efficient manner, assuring our clients’ best interests are kept in mind at all times.

Your first consultation is free, call the office at (404) 445-1411.

Elder Abuse Law Firm in Atlanta

Elder abuse in Atlanta nursing homes is almost unthinkable. Unfortunately, it is far more common than you might imagine. If your loved one has been the victim of abuse while living as a resident in a nursing home or senior center, the first thing you must do is find a reputable elder abuse law firm in Atlanta.

Legal Representation Specializing in Elder Abuse Cases

When seeking out an elder abuse law firm in Atlanta, there are a few things you should consider:

  • Find an attorney with experience and specialization in nursing home and elder abuse in Atlanta. Nursing homes are often represented by powerful insurance groups, and they can be intimidating for some law firms.
  •  Make sure the Atlanta elder abuse law firm that you are considering has more experience representing plaintiffs rather than defendants (for example, insurance companies and nursing home communities).
  • When looking for an elder abuse law firm in Atlanta, ensure that the attorneys you are speaking with are familiar with Georgia nursing home law and the basic rights of those living in nursing homes and long-term care facilities.

At Moraitakis & Kushel, LLP, we satisfy all of these criteria, and have years of experience in dealing with elder abuse in Atlanta nursing homes. The only way to stop this problem is to hold these nursing homes and long-term care facilities responsible for their actions. So if you’€™re in need of an elder abuse law firm in Atlanta, call us today for a free consultation.

We stand by our work, and are proud to take your case on a contingency-fee basis, which means that you do not owe us any money unless we are able to win your case and secure compensation for you and your loved ones.

Contact the Leading Elder Abuse Law Firm in Atlanta: Moraitakis & Kushel, LLP

When you’€™re trying to move on from a tragedy like elder abuse, it’€™s tough to know who’€™s on your side. We know the struggle to find an elder abuse law firm in Atlanta is difficult, so let Moraitakis & Kushel, LLP make your experience as stress-free as possible.

Call us toll-free at 1-800-688-2357, or locally at 404-445-1411 today for your free consultation with our team of expert attorneys in Georgia nursing home law.

Do I Have a Civil Rights Case?

Your civil rights protect you from discrimination and repression, they are the right to receive equal treatment under the law. If any individual, social group, or government agency infringes upon your rights, you may be able to file suit against them.

Lawsuits must be filed within specific time frames after an offense takes place and sometimes must first be filed with state or federal agencies. For example, the laws governing the ability to file discrimination vary by state; in Georgia state agencies cannot discriminate but employers can terminate without reason. Discrimination claims have to be filed with Equal Employment Opportunity Commission (EEOC) within 180 days of the occurrence and before filing charges with a private representative.

Navigating these legal cases can become extremely complex and may even be brought to federal courts if necessary. Having a competent civil rights attorney will make all the difference in pursuing any allegations of violation of civil rights. The legal team at Moraitakis & Kushel, LLP is experienced and skilled in handling difficult civil rights cases, earning us the respect of the community and our peers.

What Are My Rights?

Your civil rights may be infringed upon in settings like housing and work environments, healthcare facilities, and educational institutes. These rights protect you against discrimination on the basis of:

  • Gender
  • Sexual orientation
  • Religion
  • Disability
  • Nation of origin
  • Race

The civil rights of Americans assure justice and fairness in society. Your rights include those such as:

  • The right to equal protection
  • The right to due process
  • The right to be free from excessive force
  • The right to a fair trial
  • The right to assemble
  • The right to speech and expression
  • The right to privacy

Many cases involving your civil and political rights may stem from an entity or individual failing to acknowledge these rights—invasion of privacy, police brutality, unlawful strip searches, racial profiling and many other circumstances may impede on your rights.

It’s important to talk to an experienced attorney to discuss any situations you believe may have violated your rights. These cases can become complicated, but you should always protect your rights. The lawyers at Moraitakis & Kushel, LLP are dedicated to representing clients in civil rights cases.

Contact Moraitakis & Kushel, LLP

Your rights are protected under the constitution and the state of Georgia. Never be afraid to pursue filing charges—it is your right. Moraitakis & Kushel, LLP are the experienced Atlanta attorneys for civil rights cases.

Contact our legal team today, your first consultation is free, call: (404) 445-1411.

Civil Rights Attorneys in Atlanta, GA

Turn to the leading civil rights attorneys in Atlanta, GA who are dedicated to fighting for you: Moraitakis & Kushel, LLP. From police brutality to discrimination cases, our civil rights lawyers work to ensure you receive the representation and compensation you deserve.

Leading Atlanta Law Firm with Civil Rights Specialization

Our civil rights attorneys in Atlanta, GA specialize in cases involving:

  • Police brutality and excessive force
  • Deprivation of medical care
  • Discrimination
  • Other cases in which your civil rights were violated

We have successfully settled a number of seven figure cases against the City of Atlanta, including the Kathryn Johnston shooting case. Our civil rights attorneys in Atlanta, GA have over 70 years of combined experience, and know what it takes to win your case.

Even if you have broken the law, you are still entitled to certain protections. Our civil rights attorneys in Atlanta, GA have taken on cases involving allegations of police brutality and excessive force, deprivation of medical care while incarcerated, and many other instances of civil rights violations.

Contact Moraitakis & Kushel to Understand Your Legal Rights

Many victims feel powerless and are unsure or unaware of their rights. When you call our civil rights attorneys in Atlanta, we’€™ll work with you to ensure you understand you rights and know what you are entitled to under the law. Find out more by scheduling a consultation today.

Call Moraitakis & Kushel, LLP at (404) 455-1411 or 1-(800) 688-2357 to speak with one of our civil rights attorneys in Atlanta, GA. We serve clients in Georgia and throughout the nation. Call our Atlanta office today.

Atlanta Airport Fire Under Investigation

An electrical fire temporarily shut down the airport train and walkway services at Hartsfield-Jackson International Airport Thursday evening, the AJC reports. According to Airport spokeswoman Myrna White, the fire began around 7:30 p.m. between the C and D concourses and was extinguished about five minutes later.

Authorities diverted travelers away from the area while they tried to determine the cause of the fire. Passengers were asked to remain in boarding areas and were not allow to deplane on Concourse C until 8:15 p.m. and in Concourse D until 8:30 p.m. Train service resumed around 8:30 p.m. No injuries were reported.

The cause of the fire is still under investigation.

Premises Liability Cases at Moraitakis & Kushel, LLP

Under Georgia law, property owners and managers are required to maintain safe conditions. Premises liability law is designed to protect patrons, customers, guests, and visitors from accident or injury.

If you were injured or assaulted on someone else’€™s private or commercial property you may be eligible to obtain compensation for medical bills, lost wages, and pain and suffering. The premises liability lawyers at Moraitakis & Kushel, LLP have successfully tried numerous cases like these, and we’€™re here to fight for you.

Call Moraitakis & Kushel, LLP at (404) 261-0016 or 1-800-688-2357 or send us an e-mail to schedule your free consultation with a premises liability attorney. You pay no attorney’€™s fees unless we collect compensation for you.