Category: Premises Liability

Hartwell Speedway May Be Responsible for Recent Spectator Death and Injuries

Most of the risks associated with auto racing are confined to the track, and even the danger to the drivers has decreased over the years as racecar and racetrack designs have improved. However, due to the high speeds involved in the sport, racing accidents still produce enormous amounts of force. When this force is not well distributed and contained, it can pose a danger not just to the drivers but to the spectators as well. This is what happened at the Hartwell Speedway in Hart County on ...

Owner May Be Liable for Fire that Killed Five in a DeKalb County Home

Early in January, a home caught fire in DeKalb County with five people inside. By the time emergency response crews arrived, the fire had progressed too far to allow a rescue. The remains of the victims, 27-year-old Quaniece Gregory and her four small children, were later found in their bedrooms. The family dog was reportedly also killed in the fire. A sixth resident —Gregory’s husband, Thomas Reese — was in Maryland for work at the time of the fire. In addition to the devastating loss of his...

OSHA Introduces New Guidelines to Protect Construction Workers from COVID-19

Since the onset of the pandemic, construction workers have had to face even more dangerous workplaces than usual. The standard problems of falls and equipment accidents haven’t gone away, only been compounded by the contagion risk that now permeates all non-remote forms of work. As usual, however, employers have a moral obligation to make workplaces as safe as they can reasonably be, no matter what the potential hazards are. In a gentle reminder of this principle, the Occupational Safety a...

Atlanta’s Construction Industry Is Bustling in Spite of the Pandemic

Back in March, when the danger and magnitude of the COVID-19 pandemic first came to light in the U.S, the immediate fate of Atlanta’s construction industry came down to the placement of a single comma. In Mayor Keisha Lance Bottoms’ initial stay at home order, the concept of “essential” work was defined as including “public works construction, airport operations, utility, water, sewer, gas, electrical…” and a multitude of other services. The specificity of “public works construction” se...

MARTA Employees Don’t Feel Safe From Violence At Work

Several MARTA bus drivers reported to Atlanta’s Channel 2 Action News last September that they have been feeling unsafe at work, following repeated assaults from passengers. Upon investigation, Channel 2 was able to identify upwards of 20 such violent or threatening altercations over the previous three months, although drivers believe even that figure to be unrealistically low. Incidents ranged from punching and shoving, to spitting (in times of high contagion risk), to sexual exhibitionis...

The St. Regis Resort Could Be Liable for Injuries Caused by Its Collapsing Tent

A January wedding at Buckhead’s St. Regis Resort was interrupted when a tent collapsed under heavy winds, sending three guests to the hospital and causing superficial injuries to at least five more. The tent was being used to shelter the patio where the ceremony was taking place. Right after the bride walked down the aisle, the tent gave out under a gust of wind she said felt like a small tornado lifting it off the ground. A tent blowing over might sound like a minor accident, but the s...

Apartment Complexes in Georgia Need to Improve Fire Safety

It’s been a rough winter for fire safety in Georgia, full of injuries and loss. Spring is almost here, but that will come as little comfort to the many residents who’ve already been affected by fires in their apartment complexes over the past few months. Two days after Christmas in Smyrna, nine people lost their homes to an apartment complex blaze. One of the survivors escaped with burns, and another was injured while jumping from her balcony. Three days later in Duluth, a fire engulfed th...

A Worker at Hartsfield-Jackson Has Been Killed in a Loading Ramp Accident

Hartsfield-Jackson International Airport has long had a tenuous relationship with safety, seeming to prefer putting its money and energy into remaining the busiest airport in the world. On September 25th, 2019, one employee lost his life amid the bustle of this air traffic hub. The worker, an employee of the luggage transport company G2 Secure Staff, was helping to guide a luggage vehicle toward the loading ramp of a United Airlines jet, when he was crushed between the vehicle and the ramp...

Where OSHA Falls Short of Protecting Workers, the Civil Justice System Can Help

The federal agency known as OSHA came into being in 1970, with the passage of the Occupational Health and Safety Act. Its stated mission is to ensure every American worker a workplace free of known health and safety hazards. Unfortunately, that noble goal has never come close to being a reality. According to one analysis published in The American Journal of Public Health, the rate of serious, nonfatal, on-the-job accidents declined only slightly between the founding of OSHA and the year 20...

Can You Sue a Security Guard?

Have you ever wondered, “Can you sue a security guard?” Please note that we only review these types of cases that occur in Georgia. The answer is, yes.  You can sue a security guard if he or she assaulted or harmed you and you were not threatening them. Because security guards are not law enforcement officers, they do not have the same rights that police officers do. Security guards cannot physically touch citizens beyond what is defined as “minimally necessary” to stop a crime or prevent...