A Brief Primer on Intentional Torts

March 9, 2018 | by Slappey & Sadd, LLC

In the realm of personal injury law, the kinds of cases we see most often are those in which someone has committed a negligent act that caused someone else harm. In most cases, the perpetrator of the harm did not intend to cause the harm to the victim but was acting in a way that made them legally liable for the harm. For example, very few people intentionally try to crash their cars into other vehicles, but car accidents are often the result of a lapse of judgment on the driver’s part. If that lapse of judgment rises to the level of negligence—for example, they were texting and driving and not paying attention to where they were going—then it can expose the person to liability.

While most people do not intend to harm others with their actions, there are some cases where that is exactly the perpetrator’s intent. These types of actions are called intentional torts. Below, we’ll take a look at a few different types of intentional torts.

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The Most Common Causes of Car Accidents

March 7, 2018 | by Slappey & Sadd, LLC

Driving is a dangerous activity, and, as such, car accidents are one of the most common types of cases we handle. Although you might think that you are the perfect driver, even the best drivers can get involved in accidents. And no matter how safe you are, you can be assured that not everyone else on the road is quite so careful. While there are more ways to get into a car accident than we could possibly count, below are a few of the most common reasons why people get into accidents.

Distracted Driving

Distracted driving is a serious and growing threat, and has only gotten worse due to the explosion of smartphone usage in recent years. Studies show that sending one text message takes a driver’s eyes off the road for an average of 4.6 seconds. 4.6 seconds might not seem like a lot of time, but, trust us, it’s more than enough time to get into a serious accident.

How to Avoid Being the Victim of a Pedestrian Accident

March 5, 2018 | by Slappey & Sadd, LLC

As more and more people move back into central cities from the suburbs, walking and biking have become much more popular means of getting around. Walking has several benefits over driving; it’s healthier for you, better for the environment, and much less stressful than dealing with traffic jams and road rage. While walking is generally a much safer way to get around than driving (which is by far the most dangerous activity regular people engage in), it’s not completely risk-free. Walking can be especially risky in many urbanizing neighborhoods in the Atlanta area because there are more people walking around, but the pedestrian infrastructure has not quite caught up to the demand. In fact, a 2014 study in the report “Dangerous by Design” placed the Atlanta metropolitan area at number eight on its list of the 10 most dangerous cities for pedestrians.

Below, we’ll take a look at pedestrian accident statistics and go over a few ways that you can protect yourself from being the victim of one.

Pedestrian Accidents in the US

Who is at Fault for Multi-Car Accidents?

March 2, 2018 | by Slappey & Sadd, LLC

Multi-vehicle car accidents, also known as “pileups” occur when more than two cars hit each other and set off a chain reaction of rear-end accidents. Most often, they happen due to the force of the first collision; the last car in a line of cars (Driver 4) rear-ends the second-to-last in the chain (Driver 3), who then rear-ends Driver 2, who then rear-ends Driver 1, the first car in the line. If there were only two vehicles involved in this scenario—Driver 4 and Driver 3—then it would be clear who was at fault, since the vehicles behind are almost always solely responsible for rear-end collisions. With multi-car accidents, the issue of liability can be more difficult because it’s often tough to establish who did what and at what time. In this post, we’ll examine how liability in multi-car accidents works.

The biggest issue facing law enforcement officers who investigate multi-vehicle accidents is pinpointing causation. In cases where one driver admits to being distracted and being the first car to rear-end another car in line, then that driver will face liability for all of the accidents in the chain reaction. However, with multi-car accidents, there are often other issues involved, including bad weather, road construction, another car accident, and drunk driving.

When trying to get to the bottom of the causation issue in multi-car accidents, law enforcement will often focus on two questions:

Man Sues Theme Park After Contracting Eye-Eating Parasite on Water Ride

February 25, 2018 | by Slappey & Sadd, LLC

Millions of people frequent amusement parks every year to enjoy a fun day with family or friends. Unfortunately, once in awhile, a day at the theme park can lead to a serious injury. A Pennsylvania man has sued a theme park for negligence after he claims that he contracted an eye-eating parasite on one of its water rides. Robert Trostle claims that he contracted the parasite microsporidia in his left eye from being splashed on the “Raging Rapids” ride at Pittsburgh’s Kennywood amusement park this summer.

Stating a Case for an Amusement Park Injury

In his complaint, Mr. Trostle said that his eye became itchy, red, painful, and sensitive to light in the days following his ride on the Raging Rapids, which simulates white-water rafting. He was given antibiotics after being diagnosed with acute conjunctivitis (also known as pink eye), but his symptoms continued to get worse, his lawsuit claims. He underwent “an extremely painful surgery where the parasite was scraped out of the eye with a surgical scalpel,” after being diagnosed with microsporidia keratitis, according to the complaint.The lawsuit also claims that the Raging Rapids ride’s water was “dirty, stagnant, and sludge-like,” and said that the park failed to adequately regulate, inspect, and filter the water.

Dog Bite Injuries

February 24, 2018 | by Slappey & Sadd, LLC

Each year, almost 5 million Americans are bitten by dogs, and some victims suffer traumatic injuries which require immediate medical treatment. If you or a loved one has been bitten by a dog, you should meet with a Georgia dog bite attorney to see if compensation is available.

Common Physical Injuries

Dogs have very sharp teeth which can easily penetrate human skin. On top of that, a dog can twist your arm or another body part while holding it in its mouth, causing further damage. Dog bite injuries range from the superficial to severe and include the following:

Nursing Home Sued for Resident’s Death

February 23, 2018 | by Slappey & Sadd, LLC

A Daytona Beach nursing home has been sued for the wrongful death of one of its residents, according to court documents filed in late October in Pinellas Circuit Court in Florida. According to the complaint, James A. Evensen suffered from multiple illnesses while in the nursing home, including urosepsis, malnutrition, dehydration, and pneumonia, among other complaints. After being transferred to Halifax Hospital, he died on July 10, 2015.

The representative for the estate filed suit on October 19, 2015, for negligence and wrongful death, claiming that the nursing home was negligent in how it treated, cared for, and monitored its residents. Furthermore, the plaintiff alleged that the nursing home failed to adequately supervise and monitor Evensen and did not have adequate staff to provide care. The plaintiff also alleges that the nursing home did not inform Evensen’s family and doctor of his condition. The plaintiff seeks more than $15,000 in damages as well as court costs and attorney fees.

When Is a Nursing Home Negligent?

Jury Awards Accident Victim $1.028 million

February 22, 2018 | by Slappey & Sadd, LLC

In November, a Pennsylvania jury awarded a victim over one million dollars for injuries suffered after he was sideswiped by an energy exploration water truck. The case is a reminder that accident victims do not have to suffer in silence but should pursue monetary compensation for their physical and mental anguish.

Hit and Run

The victim, Rocco Mazzei, had been driving on U.S. 50 near the Harrison and Doddridge line when he pulled five feet off the highway to talk on his cell phone. At that point, he was sideswiped by the energy exploration water truck whose driver did not stop.

Pot-Linked Traffic Incidents on the Rise

November 15, 2017 | by Slappey & Sadd, LLC

The number of drivers involved in fatal crashes in Colorado who tested positive for marijuana has more than doubled since 2013, federal and state data show. These trends coincide with the legalization of recreational marijuana in that state that began with adult use in late 2012, followed by sales in 2014. Coroners in the Denver area have been finding increasingly potent levels of marijuana in positive-testing drivers who die in crashes. Nearly a dozen in 2016 had levels five times the amount allowed by law and one that was at 22 times the limit. These levels were not as elevated in the years prior to Colorado’s legalization of recreational marijuana. In response, police, victims’ families, and safety advocates say the numbers of drivers testing positive for marijuana use are rising too quickly to ignore and highlight the potential dangers of mixing marijuana with driving. “We went from zero to 100, and we’ve been chasing it ever since,” Greenwood Village Police Chief John Jackson said of the state’s implementation of legalized marijuana. “Nobody understands it and people are dying. That’s a huge public safety problem.”

The 2013-2016 period saw a 40 percent increase in the number of all drivers involved in fatal crashes in Colorado, from 627 to 880, according to the NHTSA data. Those who tested positive for alcohol in fatal crashes from 2013 to 2015 – figures for 2016 were not available – grew 17 percent, from 129 to 151.The 2013-16 period saw a 40 percent increase in the number of all drivers involved in fatal crashes in Colorado, from 627 to 880, according to the NHTSA data. Those who tested positive for alcohol in fatal crashes from 2013 to 2015 – figures for 2016 were not available – grew 17 percent, from 129 to 151.

While recreational marijuana is not legal in Georgia, medical marijuana is, and there is evidence that the state is not immune from the negative effects of the drug that Colorado has faced. In fact, police estimate that the number of people being arrested for driving while high on drugs is up 20 percent in Georgia in the past five years. Despite this, Governor Nathan Deal signed a measure into law earlier this year that expands the list of conditions eligible for medical marijuana to include AIDS, Alzheimer’s disease, autism, epidermolysis bullosa, peripheral neuropathy and Tourette’s syndrome. Although marijuana provides numerous medical benefits to patients suffering from a variety of conditions, it is still a mind-altering substance, and eligible patients should not drive while using it. Driving while under the influence of marijuana is treated as a DUI, and anyone doing so will face the normal consequences that DUIs entail, including criminal prosecution and civil personal injury and wrongful death suits.

Victoria’s Secret Sued Over Flaming PINK-brand Hoodie

November 13, 2017 | by Slappey & Sadd, LLC

A Texas woman has sued Victoria’s Secret in federal court, alleging that she suffered third-degree burns after one of its hoodies touched a stovetop burner and burst into flames. Samantha Burke says in her lawsuit that, on November 21, 2016, she was heating up some soup on her gas stove while wearing a hoodie from the company’s PINK apparel line. While moving the soup from the burner to the countertop, she states that she smelled something burning and realized that the drawstring on her Victoria’s Secret PINK hoodie had caught fire. As she set the soup on her kitchen counter, she saw flames on the right side of her body. Hearing her scream, Burke’s husband yelled at her to drop to the floor and roll. She did so, but the flames did not go out immediately. Instead, she and her husband put the fire out with their bare hands.

Doctors who treated Burke after the accident diagnosed her with third-degree burns and put skin grafts on them before placing her in an airplane splint, a device that fixes the patient’s arm at shoulder level to aid in the healing process. Burke states that she spent several weeks in the splint, which forced her into a posture that made her body ache, and pain medication provided her little relief. Even sleep provided no relief, she claims, as she had recurring nightmares of being trapped in a fire in her home. The problems persisted even after she thought she had improved enough to return to work. Burke claims that, while she was giving a presentation in a light sweater at work one day, the seater irritated her skin so badly that her skin began to bleed. Alarmed by this development, she returned to her doctor, who informed her that her burns had reached “maximum improvement,” meaning that she will be stuck with scarred skin that cannot be exposed to heat or sunlight for the rest of her life.

In her complaint, Burke is claiming damages based on theories of products liability, gross negligence, negligent design, and failure to warn. She also wants Victoria’s Secret to pay her hospital bills. This is not the first time that Victoria’s Secret has found itself in legal trouble over flaming garments. The company has been sued 19 times since 2004, including four class actions, by women alleging products liability and claiming they were either burned when a candle caught their lingerie on fire, they suffered allergic reactions to lingerie, or bras injured them and left scars.

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