Leave a comment

BUIs – Don’t Drink & Drive.

Posted by cmcaleer on June 7, 2013 in Boating Accidents

Summer activities are once again kicking off at full force in Georgia. Over the past couple of months, thousands of Georgians have enjoyed walk off wins at Turner Field, thrilling rides at Six Flags over Georgia, adventurous and refreshing weekends at White Water theme park, and fun-filled fishing excursions along the Chattahoochee river. Nevertheless, as the days get longer, and the temperatures continue to rise, families will begin to search for cooler, and more relaxing, alternatives.

Between tubing, wake boarding, water skiing, fishing, boating, and swimming, Georgia’s beautiful lakes offer countless fun and relaxing, family oriented activities to counter the heat. While all of these activities are incredibly entertaining and enjoyable, they should be pursued with extreme caution and awareness – especially with regard to boating.

Take Lake Lanier, for example. Since 2010, Georgia’s Lake Lanier has seen 16 deaths caused by boating accidents. That is more boating deaths recorded than in the previous 10 years combined. Additionally, as tragic fatalities increase, so do BUI (Boating Under the Influence) tickets. In 2012, Lake Lanier rangers issued 56 BUI tickets, which was up by more than 50% over 2011.

All too often, boaters casually prepare for a day on the lake and neglect legal regulations. Many do not bring life jackets with them on the water, and some choose to operate their water vehicle while under the influence of alcohol. Regardless of the fact that there are no roads, street lights, or stop signs on the water, driving a boat is equally as dangerous as driving a vehicle on land. My advice for folks who want to enjoy a fun, and equally safe, weekend on the lake? Do not operate your vehicle while intoxicated, be cautious, courteous, and aware of others on the lake, and absolutely follow every law as regulated by the lake’s rangers.

http://www.ajc.com/news/news/lake-lanier-boating-crackdown-pays-off/nRy5Q/

Permalink
Leave a comment

DUIs

Posted by cmcaleer on May 9, 2013 in DUI Accidents and Injuries

Most every adult has had a drink and then driven a car at least once – especially in cities like Atlanta, where public transit is semi-reliable at best, and cabs are hard to come by. This does not excuse drunk driving. However, many times a sober driver who may have had just one or two drinks with dinner can be charged with a DUI.

In many cases, the officer has already decided if they are going to give you a citation before he or she even talks to you. One of the first things an officer is trained to notice is if you or the vehicle smells of alcohol. A good idea is to eat a small snack such as peanut butter crackers before driving to combat the “bar smell”.

Do not ever get out of your vehicle to take a sobriety test. These are designed for failure, and are hard to pass even if sober. Do not blow into a breathalyzer at the scene either. Oftentimes the machines in patrol cars are outdated and inaccurate. In the case that you are charged with a DUI, it is best to go down to the station, and then seek the help of an attorney. A skilled defense attorney will be able to lower your fines or keep the DUI charge off your permanent records.

My best advice for avoiding a DUI? Wait a few extra minutes for that cab, or call a friend. Don’t get behind the wheel after drinking, no matter how many (or how few) you’ve had.

Permalink
Leave a comment

Hot Coffee

Posted by cmcaleer on May 9, 2013 in Products Liability

When many people think of frivolous lawsuits, the first thing that comes to mind is hot coffee. More specifically, a lawsuit brought against McDonald’s after a New Mexico woman spilled their coffee on her lap and was subsequently awarded more than 2 million dollars.

Almost twenty years later, its infamy lives on. The hot coffee case is regularly used as an example of how average people have taken advantage of our legal system. Is that a fair assumption, though?

Stella Liebeck, then 79 years old, was in the car with her grandson when she tried to remove the lid from her coffee they had just purchased from the drive-thru to add cream and sugar. When the coffee spilled onto her lap, she was horrifically burned. She suffered 3rd and 4th degree burns (some all the way to the bone) on her thighs and groin. Her burns were so severe that she almost died, and her initial hospitalization was eight days, followed by skin grafts and two years of follow-up treatment.

Initially, Stella and her lawyer simply sought compensation for her medical bills. McDonald’s refused to offer more than an $800 settlement for the $10,500 in medical bills, though, leading her to sue the corporation over the dangerous temperature of the coffee and the defectiveness of its cups.

Bringing a lawsuit against a corporation is often vilified. But let’s not forget that in cases where someone is severely hurt, going to court to gain justice is actually quite heroic.

Permalink
Leave a comment

By J&J’s own admission it took inappropriate steps to identify and eliminate risks in the design of its hip implants

Posted by cmcaleer on February 1, 2013 in Consumer Law, Products Liability

A California jury listened intently as DePuy’s own compliance manager told them that the company “took inappropriate steps to identify and eliminate risks in the design of 93,000 all-metal hip implants” that J&J recalled in 2010. Smith, who oversaw a 2011 review of a design team’s safety standards for the ASR hip cup, said his audit found that a DePuy group used irrelevant controls in a so-called failure mode and effect analysis, or FMEA, before the ASR was sold in 2005 in the US.  Moreover, Smith testified that DePuy never released a summary of a “post-mortem review” of the ASR that it conducted in November 2010 and neglected to perform a similar analysis “in response to the mounting number of complaints about the device that it received from doctors and others in 2008 and 2009.”   The McAleer Law firm can review whether you may have a products liability claim that fits in this category and, if so, what your remedies could be.

Permalink
Leave a comment

Discovering the Story in a Personal Injury Case

Posted by cmcaleer on January 31, 2013 in Dangerous Drugs, Dram Shop, Injuries to Children, Insurance Bad Faith, Motor Vehicle Collisions, Premises Liability, Products Liability

This is easier said than done.  Much of the work that goes into preparing a case for trial is getting to know our clients, their families, their friends — what makes them tick?  But this is only half of it.  You also have to get to know the wrongdoer just as well in order to determine their motivation for careless or intentional conduct.  Oftentimes, the wrongdoer is not even visible – it can be and often is a corporate culture of profits over worker or consumer safety.  The Trial Lawyers at McAleer Law work diligently to discovery the real story in a case.

Permalink
1 Comment

Store clerk shoots and kills customer with mental disability – and held responsible

Posted by cmcaleer on January 30, 2013 in Inadequate Security, Premises Liability

A 21 year old man who suffered from mental illness got into a verbal altercation with a store clerk at a Shell gas station.  Instead of deescalating the situation, the clerk responsible for store “security” shot and killed the customer.  The parents of the victim rightfully sued based on the store’s failure to screen its employees prior to being hired and for failing to train them properly.  The case settled for $3.1 million.

If you have questions about negligent security at a business or private premises, contact the premises liability experts at McAleer Law.

Permalink
Leave a comment

Verdict for Pedestrian Who Falls on Icy Sidewalk

Posted by cmcaleer on November 27, 2012 in Premises Liability, Slip and Fall

An $808,000 verdict was awarded to Chandra Frankfort of New Jersey after a slip and fall on an icy sidewalk. Ms. Frankfort, 35, was walking along a sidewalk outside of an automotive body shop when she icy patch. She fractured her right ankle that required implantation of stabilizing screws and rods as a result  of the fall.  A cane is now required for walking and Ms. Franklin’s total out-of-pocket medical expenses were about $8,000.

She sued an auto repair shop alleging the shop owner was negligent in not removing the ice and snow from the sidewalk and warning of its presence. The defendant argued back that Ms. Frankfort was equally negligent as she was a local resident and knew about the condition of the sidewalk.

Ms. Frankfort was a pharmaceutical marketing representative earning about $110,000 annually at the time of the accident.  As a result of her impaired ability to walk, Frankfort was forced to find another line of work and became a college counselor earning about $35,000 annually. In the wake of lost future earning capacity, the plaintiff sought about $2 million. The jury allocated 80 percent fault to the defendant and 20 percent to the plaintiff and awarded about $808,000 to Ms. Frankfort.

If you have had a slip and fall accident, call McAleer Law to get answers to your legal questions. Contact us at 404-816-7374.

 

Permalink
Follow

Get every new post delivered to your Inbox.