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by The Stoddard Firm - October 23rd, 2023
Any space that’s open to the public needs to be equipped with a safe way for people to navigate it. In most cases, this means level, hazard-free walkways, with guardrails lining any sharp drops. Keeping a property ready for safe traversal is one of the most basic services landlords are obligated to provide when welcoming in visitors.
Even when spaces cannot be made completely safe without destroying what people value about them, such as natural features like mountains and caves, the organizations that manage them have a duty to warn visitors of the dangers, and to provide expert advice on how to get around as safely as possible.
Lake Lanier’s status as a “natural feature” is debatable. It was artificially constructed in the 1950s, but now falls under the jurisdiction of the Georgia Department of Natural Resources.
What’s not debatable is that the lake is dangerous. There have been over 200 confirmed deaths on Lake Lanier over the past 30 years.
Organizations, both public and private, that control any part of the lake or its shores, need to take the danger into account when designing and maintaining piers, hiking trails, and other walking spaces where people could potentially fall into the water. Guests should either be able to enjoy these features as safely as they would an indoor mall, or receive clear, helpful instructions on the extra care they’ll need to exercise.
Late on the evening of September 2, at the end of Labor Day weekend, game wardens for the Georgia Department of Natural Resources received a call about a man slipping off the edge of Holiday Marina, near the south end of Lake Lanier.
The man never resurfaced, and a search ensued, ending with the discovery of a body 17 feet under the water. The victim has been identified as 23-year-old Gavrie Alexander Whitlock.
This was Lake Lanier’s eighth death of the summer, and the third in only two weeks.
The public details of this latest incident are still vague. However, a coworker of Whitlock’s, from Myles Wrecker Service in Lawrenceville, reported that Whitlock loved boating and spent a lot of time on the water. So, a lack of experience around the lake does not appear to be a factor.
Now would be an appropriate moment to take a closer look at Holiday Marina’s safety standards. Do its surfaces have adequate traction? Are they well angled and balanced to prevent water from pooling in dangerous places? Are they easy to traverse without stepping too close to unguarded edges?
Of course, as always, an even better time to examine the safety of a public place would have been before a tragedy had the chance to occur.
Lake Lanier itself belongs to the Army Corps of Engineers, while Holiday Marina belongs to Suntex, a private company that owns and operates marinas around the country. Both organizations have a degree of responsibility for guests who walk the marina, and both could arguably have fallen short in the case of Whitlock’s death.
The Corps of Engineers could be responsible for how particularly hazardous Lake Lanier’s waters can be, with its underwater obstacles and general murkiness. The question of whether there’s a reasonable way for the Corps to change these qualities of the lake has been a local point of contention for years.
Suntex, on the other hand, is operating a business that floats on top of a body of water known to be dangerous. It might well be responsible for not taking that danger seriously enough when planning walking routes for its customers.
If you are next-of-kin to Gavrie Alexander Whitlock, or if you have also been injured or lost someone on Lake Lanier, reach out to the Stoddard Firm for a free consultation on your options for justice.
A dedicated, ethical advocate who takes on major corporations and global insurers with virtually unlimited resources. Known for high-profile cases featured on Courtroom Viewing Network, this attorney is also a sought-after legal educator, teaching at seminars for top bar associations. Trusted by clients and media alike, they work tirelessly to secure justice and deliver results.
Member of the Atlanta Bar Association, the Georgia Bar Association, and the Georgia Trial Lawyers Association
Licensed in Georgia since: 2008
Education: University of Georgia School of Law
Personal injury compensation enables an injured individual to regain the same quality of life they had before the incident. This may entail funds for modifying a home for wheelchair accessibility or offering vocational training for those unable to return to their previous job. It is crucial for compensation to cover lost earnings and cover both past and anticipated medical costs.
We conduct interviews with colleagues, consult with attending healthcare professionals, and engage specialists to ensure we secure comprehensive compensation that aids our clients in re-establishing their life trajectories.
When deciding to hire an Atlanta personal injury lawyer, you need to consider:
1. Who’s at Fault
If you’re in an accident and it’s unclear who’s responsible, seeking advice from an attorney is wise. Insurance companies may attempt to attribute damages to you in such scenarios. An attorney can shield you from counterclaims and cross-claims, safeguarding your rights.
2. The Severity of Injuries Sustained
When facing a lifetime of pain, suffering, and mounting bills, taking chances is not an option. A personal injury attorney is entrusted with averting lifelong financial strain.
3. If You’re Facing Insurance Company Denial or Delay
The intricate laws and procedures surrounding personal injury claims are areas where insurance companies capitalize on individuals’ lack of expertise. A lawyer can provide invaluable assistance in this regard.
It’s possible but not necessarily probable and will likely depend on whether you want your case to go to trial. The majority of cases end in a settlement. Going to trial typically occurs when there are intricate, contentious matters regarding the accident’s cause or the severity of your injuries. Occasionally, defendants may simply be unyielding and unwilling to settle or you may just want more than the insurer believes is reasonable.
It shouldn’t be a shock if your attorney diligently pursues a settlement while also readying your witnesses for trial. A proficient lawyer must be equipped for any scenario. Demonstrating to the opposing party that we’re gearing up for a trial indicates that we’re resolute and not inclined to back down.
Determining all potential parties who could be held liable for a personal injury involves a thorough investigation of various factors. If someone else neglected to exercise reasonable care, they can be held accountable for the resulting injuries, as outlined in Title 51 of Georgia Code of Laws or as outlined in Georgia’s common law.
The individual directly involved in the accident may not be the sole party at fault. For instance, in the case of a drunk driving accident, while the driver may bear responsibility, the person who knowingly provided additional alcohol to an obviously intoxicated individual could also be deemed liable. In other circumstances, an at fault party’s employer is responsible for its employees actions.
Following a personal injury accident, there are critical steps you should take. First and foremost, seek prompt medical attention. Visit the emergency room or call for an ambulance at the accident site. Any delay in receiving medical care could impact your health and the outcome of your personal injury case.
Refrain from discussing your case with the insurance company representing the at-fault party. They may deny your settlement or offer a significantly lower amount than you deserve.
Additionally, it’s crucial for both you and your personal injury attorney to gather as much evidence and documentation as possible. This is vital in establishing that your injuries resulted from someone else’s negligence. Make an effort to collect records and documents related to your case, including medical records, police reports, photographs, witness contact information, and similar items. Once you’ve received medical attention, contact The Stoddard Firm.
Do not say anything! If an insurance company contacts you, refrain from providing any information until you have consulted with your attorney. Insurance companies typically contact accident victims in an attempt to elicit a statement about the incident, which they may use to devalue the settlement.
While you may eventually need to converse with them, seeking guidance from a seasoned legal team is crucial. They will provide clear instructions on what you should and should not disclose to protect the value of your case.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was revised and approved by Attorney Matthew B. Stoddard, who has more than 16 years of legal experience as a personal injury attorney.
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