Stage Collapses and Other Concert Dangers

A stampede

A stampede and other concert problems can cause massive personal injury and even death.

Recently, two stage collapses have made headlines. The first occurred in Belgium when a storm hit during a performance by Chicago indie band Smith Westerns at the Pukkelpop Festival on the 18th, causing a tree to fall over and the tent and stage to collapse. Reports about the incident are that at least three people died and approximately 70 were injured.

The second stage collapse was at the Indiana State Fair just prior to the Sugarland performance. This collapse was also preceded by strong winds. Seven people died and approximately 40 were injured. The first lawsuit has been filed, since.

Other tragedies at concerts have involved concert goers being killed due to be caught in stampedes as people rushed the stage or tried to flee. Examples of this can be found in a 2010 concert in Mexico in which at least five people were killed. The stampede was caused by concert goers fleeing after hearing gunfire.

In 1979, 11 people were killed in a stampede at a Who concert in Ohio at the Riverfront Coliseum. The stampede was caused by general ticket holders surging to claim premium unreserved seating. This came two years after a dangerous stampede at a Led Zeppelin concert in the same Riverfront Coliseum in Ohio. In this incident, 60 people were arrested and dozens were injured when concert goers surged towards the closed and locked glass doors prior to the concert.

In 2009, 40 concert goers were injured when attempting to leave a concert in Morocco that included such performers as Kylie Minogue, Stevie Wonder and Alicia Keys. In a hurry to leave before the concert was over and traffic would be bad, a sizeable crowd attempted to leave and broke through a wire fence at the event, causing some adults and children to be caught up in the resulting rush.

What can you do to protect yourself at concerts?

  • At all concerts, pay attention to the layout, noting where all the exits are. Plan an exit path and avoid being jammed into the center of a crowd.
  • If the crowd begins to get rowdy, move closer to an exit or leave. Pay close attention to trouble-makers in the crowd and report them to security.
  • For outdoor concerts, pay close attention to the weather. If inclement weather is forecast, either skip the concert or stay close to an exit; away from the stage and all equipment.
  • When leaving any concert, take your time. Allow others to leave first, thus avoiding mad dashes and traffic.
  • Though it has been largely eliminated due to the incident at the Led Zeppelin concert, avoid concerts that offer “festival seating” or anything that is similar to it.

If you have questions about personal injury due to concert dangers, please call 1-678-369-6000 or go to MyAtlantaInjuryLawyer.com to set up a free consultation.

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Football Games and Stadium Violence

Tailgating party at a football game

Tailgate parties are common places for football fights to break out so be careful this season!

With the upcoming Labor Day holiday weekend, many sports fans will head to their favorite football stadiums to catch the kick-off of the NCAA football season. One week later, stadiums and bars will be filled with passionate Sunday NFL fans.

Are you ready for some football? More importantly, are you ready for the potential violence that may come with these pastimes?

Recently, there has been a lot of violence at sports stadiums. Just last week at the rival San Francisco – Oakland Raiders game, violence erupted both during and after the 49ers 17-3 win. Home videos show fights and aggressive behavior in the stands while drunk and abusive fans had altercations in the stadium’s bathrooms.

As a spectator at these events, who is just enjoying the game, what can you do to avoid any problems and potential arrests by police?

Fans may not know this, but stadiums increase their police staffs on game days. Many of them are undercover and are watching different situations when you don’t even know it. Next time you’re in the beverage line, take a look and you’ll notice people lurking.

If you see something suspicious or distracting, contact a policeman or stadium security right away before it escalates.

Some of the violence that has recently occurred happened because of derogatory t-shirts worn to mock the opposing team.  Be mindful of the other team’s fans and don’t do anything that can easily provoke a passionate fan such as the one who stands up and yells at the players the entire game or one that appears to be drinking a lot. Sometimes they pick arguments and violence can erupt.

In addition to verbal violence, there have also been cases of physical violence including beatings and in extreme cases, shootings. Some have been random and others have included groups or gangs that attack individuals.

Again, be careful of these dangerous-looking groups and mind your own business at the games. There will probably be an increase in videos taken of questionable behavior so keep that in mind even if you’re an innocent bystander.

With this rash of recent violence, many NFL stadiums will soon forbid pregame tailgating and other crackdowns will follow.

If you have additional legal questions about physical accidents from stadium violence or have received any type of personal injury, you should either call 1-678-369-6000 or visit MyAtlantaInjuryLawyer.com to schedule a consultation about your personal injury case.

 

 

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The Difference between Verdicts in Criminal and Injury Trials

Mock Jury Trial Opening Statement

Jury trial Verdicts can be Confusing

Remember the O.J. Simpson case from a few years ago?  O.J. Simpson was acquitted of murdering his ex-wife, Nicole Simpson, and her friend, Ron Goldman.  This means that he was found “not guilty” and set free.  However, a few months later, he was found to be responsible for the wrongful deaths of these same two people and ordered to pay Ron Goldman’s family a significant amount of money.

How is that possible? He either committed the crime, or not, right?

Not exactly.  At least, not according to the rules of law in the United States.

When a person is charged with a crime, they have a right to take their case to trial where either a judge, or a jury, will decide, based upon the evidence, whether the person committed the crime.  The rules state that the jury (or the judge) must believe, beyond a reasonable doubt, that the person actually broke the law.  It is up to the prosecutor to prove that the accused committed the crime.  The accused doesn’t have to testify, and they don’t even have to present a case for their own defense if they feel like the prosecutor hasn’t proven anything.  Either way, if the prosecutor has enough evidence and presents it correctly, the judge or jury may find the accused guilty.

The rules are different when it comes to bringing a case for personal injury (which is what a wrongful death lawsuit is, really.  It’s a lawsuit brought by the survivors of an individual who died due to personal injury.)  In a personal injury or wrongful death lawsuit, the party of the first part (the people who are suing someone else), must prove by a preponderance of the evidence that the person they are suing is responsible for causing the injury or death.  This means it’s more of a scale, rather than a landslide.  The jury in a personal injury trial can weigh the evidence and if they believe that 49% of the evidence says the person is not responsible, but 51% of the evidence says they are – they can rule that the person being sued is responsible.  Remember, this is different than “guilty”.

If the numbers are reversed, even if there is plenty of evidence to the contrary, the jury might find the person “not responsible.”

A person may not be guilty of a crime, yet still be morally and ethically responsible for the injury or deaths his or her action ultimately caused.

Because of these rules, where personal interpretation and opinion can come into play to a great degree, many personal injury attorneys will attempt to settle a case prior to trial.  This allows the wronged parties to gain relief, the responsible party to live up to their obligations, and saves everyone the very long, often drawn-out, expense and frustration of the trial process.

If you or someone you know is looking for advice about jury trials or thinks they might have a personal injury case, then contact MyAtlantaInjuryLawyer.com at 678-369-6000 and schedule a free consultation to see how we can help.

 

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Drunk Driving and Dram Shop Laws

Dram Sop Laws make servers liable for damages in drink driving cases.

Serving Drinks to an Intoxicated person can make the server liable for damages.

Georgia is one of the many states that has dram shop laws in order to prevent drunk driving from occurring. Dram shop laws can hold bar owners responsible for letting customers drink excessively and get behind the wheel of the car. In addition, the laws apply to restaurants and other locations that serve alcohol. Dram shop laws allow victims of drunk driving accidents to sue the bars, restaurants or other locations for serving alcohol to intoxicated people and letting them drive home.

The dram shop laws in Georgia were recently tested in the Flores et al. v. Exprezit! Stores case. The owners of the convenience store were held responsible for selling beer to an intoxicated individual who went on to drive and hurt people on the road. The dram shop laws were created to hold businesses responsible for their actions. Although they may not be behind the wheel of the car that kills an innocent victim, they are providing the alcohol to the person who does this. Knowing that the person is about to drive while drunk means that businesses must do everything in their power to stop this.

Drunk drivers kill and injure thousands of victims every year. The victims are often faced with high bills and the inability to work after the accident. Dram shop laws give victims the right to sue businesses that sell more alcohol to people who are clearly intoxicated. Although lawsuits cannot turn back the clock and reverse the accidents, they can provide important financial resources to victims. Businesses can be forced to pay damages and take responsibility for their actions. The Georgia Supreme Court recently upheld the law and acknowledged that it applies to convenience stores.

Drunk drivers are on the road every single day. A person can become one of their victims at any moment. If you are involved in an accident with a drunk driver, then it is time to seek help. Their insurance company will do everything possible to avoid paying you. In addition, dram shop laws may apply to your situation, and businesses will not be willing to pay for damages. They will fight you every step of the way and try to avoid paying any amount for your accident. This is why you need an experienced attorney on your side. Dram shop laws can be complex and difficult to prove. If you need help, contact the MyAtlantaInjuryLawyer.com by visiting the website or call 678-369-6000.

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Bike Accidents and Legal Action

 

Bike accident-bike collides with a post

Bike accident-bike collides with a post. Photo Courtesy of User:EPO of Wikimedia Commons

Many of us enjoy riding our bicycles whether it’s our main form of transportation, exercise or just time spent with others. Unfortunately like any other activity, sometimes serious accidents and injuries may occur while we’re riding a bike. While you could come away with a just a scratch or a few bruises, it could become as serious as a back injury.

 

Have you recently had a bike accident and wondered if you needed to take some legal action? Here are some commonly asked questions about bike accidents.

How soon do I need to file a lawsuit if I am injured in a bike accident?
The suit must be filed before the legal time runs out; however, there’s neither a grace period nor flexibility in changing deadlines. Georgia’s statute of limitations will restrict the length of time that may pass between the date the injury occurred and when your case needs to be filed. If you do file a lawsuit beyond the statute of limitations, the defendant can note you waited too long and essentially not do anything.

How much can I expect to get from my accident?
This will vary based upon a number of factors including what the injury involved, where you file your case, the jury itself and how sympathetic jurors are to your case.  It’s difficult to determine a monetary amount and when settling a case, the value may include the injury and the extent of its impact.  People may receive a larger amount from a settlement due to the injury’s seriousness and its recover time.

Are there any unique damages from bike accidents?
Bike riders are exposed to a potentially large number of serious body and head injuries. Also attributing to injuries are bike path and road conditions that can do a lot of harm to the bike rider if they crash. And there’s also the emotional trauma of the crash or sometimes just flying over your handlebars.

Bike injuries are pricey due to their seriousness (back, neck and spine injuries as well as broken bones), the emotional stress it may cause and its high cost of medical bills. Therefore, plaintiffs may be awarded higher damages.

For More Information
Do you still have some additional legal questions about your bike accident? If you have received any type of personal injury from this, you should either call 1-678-369-6000 or visit MyAtlantaInjuryLawyer.com to schedule a free consultation about your personal injury case.

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Cell phones and texting are not the only distractions to safe driving

Feeding Bottles can be distractions too

Feeding Bottles can be distractions too. Photo Courtesy Jjackoti

A family was driving on a narrow highway recently.  The sun had set, so it was dark, but not terribly late at night.  Before entering the mountain pass, they followed silver car which seemed to be having a bit of trouble staying in its lane on the double lane stretch.  Our driver, we’ll call her Anne, was forced to swerve suddenly when the silver vehicle in front of her drifted over the center lane unexpectedly.  The erratic driver corrected immediately and continued driving.

A few minutes later, the erratic driver crossed the center line into the path of oncoming traffic.  By now, both cars have entered the narrow mountain road and there is only one lane in each direction.  After a few more close calls, Anne and her family decided to call the police.  A quick call to 911 connected them to the highway patrol who agreed to send an officer.

Unfortunately, there were no officers in the canyon and help might be a long-time coming.  Anne and her family had no choice but to continue following the erratic driver in the silver car.  They held back a bit, expected an accident every time she swerved onto the shoulder, almost leaving the roadway at times, or crossing the center line into oncoming traffic.

They hoped that the driver was simply tired, and not driving under the influence.

They approached a rest area.  Surely, this exhausted driver would stop and stretch, or even rest for the night.  Perhaps the driver could even nap for a few hours.

Both cars passed the rest area.  Anne and her family began to assume the worst.  The driver was deep in a text conversation, or drunk. Having lost cell phone signal during the original call for help, Anne’s partner watched the cell phone closely for any sign of signal.  Upon reaching the top of the mountain summit, the signal restored and she called for help a second time.

When they reached the bottom of the canyon pass, finally driving on a two lane highway that allowed for safe passing, a state trooper raced to position herself between Anne’s SUV and the offending silver car.  After a few miles, which Anne learned had been used to videotape the erratic driver’s vehicle in motion, the trooper pulled the driver over.

  • She was not drunk.
  • She was not texting.
  • She was not too tired.
  • She was not impaired.

The erratic driver had been bottle feeding her infant, who was sitting in a car seat in the back seat of the car, the entire time she’d been driving through a dangerous, narrow canyon.

People are generally smart, but time and again we see people making uninformed and outright ridiculous decisions when they sit behind the wheel of a car.

Please, make good choices when you take control of an object that weighs several thousand pounds, travels more than a mile a minute and has the capacity to kill you, your family, or Anne’s family.

If you have been injured by someone who was driving recklessly or allowing themselves to be distracted in any way while driving, please contact an attorney such as the attorneys at MyAtlantaInjuryLawyer.com at 1-678-369-6000 so you can schedule a free consultation and rest assured that you will suffer no more than you already have.

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Situations When Being on the Cell Phone Can Absolve the At-Fault Person of Damages

 

Talking on a cell phone while you are driving helps the person who hit you win their case.

The security cry from World War II has become a highly contentious issue for America, talking or texting while driving. Many states and municipalities are moving with lightning speed to pass legislation banning the use of cellphones altogether while driving.

One of the implications that arise from this is the potential for accident lawsuits and insurance claims that are based on, or impacted by cell phone use. Precedent has been established for negligence when an accident happens, and the defendant was using a cell phone at the time of the accident.

This means that if you are involved in an accident where the possibility of liability exists and you where using your cellphone at the time, the courts have recognized that negligence can be assigned.

If you are crossing the street and you are struck by a car and the driver is on a cellphone then there is a clear case for negligence. This is true even if you live in a state that has not passed legislation as legal precedent allows for it. What it also means is that if you are waiting at an intersection and proceed on a green light and are “t-boned” by another driver, and you are using a cell phone the courts may find you liable for the accident, even though the other circumstances clearly make you the plaintiff.

The simple fact is that no time is it appropriate to use a cell phone while driving. Interesting enough, a low enough blood alcohol content is not considered a violation of drunk driving laws, and is not considered an impairment either. The same is not true for cell phone usage; any use, calling or texting, is considered an impairment.

Companies have flocked to integrate cell  phones into corporate networks and capitalize on the productivity gains to be had. The downside is that a company could be held liable if the employee is involved in an accident while using their cell phone for business or work-related purposes. Mobile communications are revolutionizing our world but the one thing that must be avoided is using them while actually moving.

What if you are walking down the street and collide with someone causing an injury and your talking on a cellphone at the time? No doubt, the courts will soon have to deal with that presidents as well. If you think you are involved in a similar situation, contact MyAtlantaInjuryLawyer.com to set up a free consultation with by visiting the website or calling 678-369-6000.

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What is Fiscal Malpractice?

The Stock Exchange at Wall Street

Your broker can be held liable in some cases of fiscal malpractice.

Can you sue if you lost all of your money in an investment? Can you sue your broker or financial manager? After the last few years, many people would love you if you could, whether or not there is a basis for a suit is another matter. The key is to show that some form of malpractice or ”breach of fiduciary duty” has occurred. The laws governing financial services and the  and responsibilities are extremely complex and in many ways less well defined.

What if your broker took vacation during a critical period of the market and missed an opportunity to avoid losses? Under those circumstances, fiduciary duty might not support a potential legal action, unless your broker worked for a larger firm and you can show that the company failed to manage the person properly. This is called ”failure to supervise.”

What if your broker talked you into putting all of your investment into a single stock or bond and you lose a great deal of money as a result? This action and result may be grounds for a suit based on “failure to diversify.” A broker’s first duty is to the financial interests of the client. Diversification is considered a necessary investment strategy to ensure risk management. While clients often call brokers and demand that the broker move them into a real estate stock, or IBM in the hopes of rich rewards, the broker is obligated to dissuade the client based on the high level of risk.

Failure to do so is a potential breach of fiduciary duty. This does not mean however, that a broker is liable if the client loses money, investment entails risk and the broker is obligated to insure that the client knows this.

Another often cited reason for legal action against a broker or investment consultant is ”churning.” This is the practice of executing an excessive number of trades in order to generate greater commissions. In addition to the unnecessary costs, there is the potential of significant losses resulting from the trades themselves. This often occurs with broker managed accounts as clients often allow the broker to handle the day to day investment management needs. The one element of fiduciary duty that is most difficult to deal with is the subject of incompetence.

It can be argued that the client is responsible through Caveat Emptor but the complexity of the services often mean that clients can’t be expected to judge competence in financial management. Many have lost money, but some lost due to the poor performance, or malfeasance of their brokerage, before you cry ”…I’ll sue!” it’s wise to speak to an attorney who can provide guidance. If you have lost money due to fiscal malpractice, then you should consider setting up a free consultation with MyAtlantaInjuryLawyer.com by visiting the website or calling 678-369-6000.

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Drowsy Driving is Still a Serious Issue

Drowsy Driving Prohibited Sign

Never drive while drowsy, It's just as bad as Driving when Intoxicated!

Despite numerous campaigns about the dangers of drowsy driving, it is still a serious issue that continues to cause thousands of accidents every year. A 2010 study from the AAA Foundation for Traffic Safety reveals that 17% of all accidents are caused by a drowsy driver. Most of these accidents have ended in serious injuries or fatalities. This is an issue in Atlanta and across the United States.

The 2010 study from the AAA Foundation for Traffic Safety showed that most of the accidents caused by drowsy drivers were preventable. The drivers often continued on the road despite noticing the symptoms of drowsiness. Yawning is not the only symptom. They would also experience trouble keeping their eyes open, swerving across the road, driving outside their lane and actually closing their eyes. Although they showed all the symptoms of extreme exhaustion and were practically asleep, many of them continued driving. Some drivers even admitted to completely falling asleep behind the wheel.

Drowsy driving is a serious problem on the roads of Georgia and other states. Many drivers have trouble staying awake behind the wheel. Some are exhausted after a long day of work while others are professionals who drive for long hours. The AAA Foundation for Traffic Safety recommends that anyone who feels drowsy immediately pull over and stop driving. They recommend stopping at a hotel or motel to sleep. If this is not an option, staying off the road and sleeping in the car is allowed. The most important part is that people who are drowsy avoid driving in this condition.

Every year, thousands of accidents are caused by drowsy drivers. Often, they are more serious than other types of accidents. The drivers usually close their eyes, drift into other lanes or completely fall asleep. Pedestrians and motorists have been killed in many instances. Serious, life-altering injuries have also been caused by drowsy drivers. Their response time is terrible, so drowsy drivers cannot react to stop an accident and can easily hurt someone on the road. Many of them are also hurt and are a danger to others.

If you have been involved in a car or truck accident, then it is time to get help from a lawyer. Drowsy drivers are just one of the many road hazards motorists face every day. You should always consider getting help from an attorney after an accident so call 678-369-6000 today.

You can also request help by visiting My Atlanta Injury Lawyer.

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Summertime Tips to Prevent Personal Injury

Girl wearing an approved floatation device

Always wear an approved floatation device. (Photo Courtesy of Klaus D. Peter, CC 3.0)

Ah, summertime!  Especially in the South, summertime is a time for family, fun, frolicking and… well, if you’re a personal injury attorney… it’s a time for accidents.  There is just something about summer that seems to bring out the penchant for accidents.  Maybe it’s because we’re not all trapped inside our homes (although the home isn’t the safest place in the world, either).  Or maybe it’s because we’re having so much fun that we forget to concentrate for just a few minutes on safety.

Here are a few safety tips to get you through the remaining weeks of summer, whole and healthy.

Did you know that for your sun screen to work properly, it must have time to activate? You should always put on your sun screen at least 30 minutes before you plan to expose yourself to the damaging rays of the big orange ball.

Are you a great swimmer?  That’s terrific!  If you’re going out on a boat, don’t count on your fabulous “Iron Man” skills to save your life, or the lives of your kids.  Always have one U.S. Coast Guard approved floatation device (we called them life jackets when I was a kid) on board for every person on your boat.  If there is no floatation device for you… don’t get on the boat.  By the way, boogie boards, inflatable toys and inflatable kiddy sleeves don’t count.

Did you know that there are more bicycle accidents in the summer than any other time of the year?  This may have something to do with the fact that we ride our bikes more in the summertime, but we got your attention, right?  Always wear a helmet when you’re riding your bike.  If you can’t afford one, check with your local law enforcement agencies to see if they have, or know of, a program that can supply you and your children with helmets for free.  Seriously, it could save your life.

Do you plan on having any more bar-be-ques this year? Let’s hope so.  If you plan to serve alcohol or allow drinking at your house, please encourage all of your guests to drink responsibly.  Better yet, offer to let them spend the night so you can be sure they get home safely in the morning.

If you plan to attend any outdoor concerts throughout the remaining months, you may want to be aware of the Dram Shop laws in your area.  The Dram Shop laws allow victims of injuries caused by someone who is under the influence of drugs or alcohol to seek compensation from any establishment that continued to serve the individual while they were under the influence.  If you are involved in any type of accident caused by an impaired driver, contact an experienced legal professional such as the MyAtlantaInjuryLawyer.com lawyers at as soon as possible so they can help you. In fact, you can set up a free consultation by calling 1-678-369-6000 today.

Summertime is fun.  Let’s do our best to keep it that way.

 

 

 

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