Products Liability: Fisher-Price Rock n' Play Sleeper

According to the United States Consumer Product Safety Commission, Fisher-Price, a subsidiary of Mattel, has issued a recall for all models of the Fisher-Price Rock n’ Play Sleeper. If your baby has been injured or is deceased as a result of the use of the Fisher-Price Rock n’ Play Sleeper please contact Georgia personal injury and wrongful death attorney Richard Armond for a free consultation regarding your rights.

The Consumer Products Safety Commission recall page for the Fisher-Price Rock n’ Play Sleeper indicates 30 infant fatalities have occurred in the product. The recall involves 4.7 million units. If you know of any parents, daycares, or other caretakers who may have a Fisher-Price Rock n’ Play Sleeper please notify them immediately so that they can stop use immediately and receive their refund or voucher. Such action may save an infant’s life.

 
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Georgia law provides protection to consumers of products which cause injury or death. A starting point for Georgia products liability law is O.C.G.A. § 51-1-11(b)(1) which provides:

The manufacturer of any personal property sold as new property directly or through a dealer or any other person shall be liable in tort, irrespective of privity, to any natural person who may use, consume, or reasonably be affected by the property and who suffers injury to his person or property because the property when sold by the manufacturer was not merchantable and reasonably suited to the use intended, and its condition when sold is the proximate cause of the injury sustained.

In other words, the manufacturer of a product which proximately causes personal injury or wrongful death to any person in Georgia can be sued for damages.

If your loved one has been injured or is deceased because of a Fisher Price Rock n’ Play Sleeper or any other defective product, please contact Gwinnett County, Georgia, based personal injury lawyer Richard Armond at (678) 661-9585 for a free consultation. 

Attorney Richard Armond of The Armond Firm, LLC, handles serious personal injury and wrongful death cases throughout metro Atlanta and the State of Georgia. He is licensed to practice law by the State Bar of Georgia and is based in Lawrenceville, one mile down the road from the Gwinnett Justice and Administration Center. Call him today for a free consultation at (678) 661-9585. The information above is for informational purposes only as of the date of publication and should not be relied upon as legal advice, nor does the reading of it form an attorney-client relationship. Always consult directly with an attorney for legal advice.

Georgia Pedestrian Fatality Accidents Increased in the First Half of Last Year

This blog post by Georgia personal injury lawyer Richard Armond discusses an article in today’s Atlanta Journal-Constitution (linked here) regarding an increase in pedestrian fatalities in the first half of last year.

The article notes that Georgia saw 130 pedestrian deaths in the first six months of 2018, which is up 32 percent from the same period in 2017. The article further mentions that nationally pedestrian fatalities increased, but only by three percent.

The article lists factors affecting the numbers in Georgia which include, among other things, population growth, the amount of time people spend walking, and drivers distracted by smartphones. Georgia’s population, and especially metro Atlanta’s, have been growing rapidly for decades. I think it is likely that greater population combined with more walkable environments are a major factor in the increase in fatalities.

In recent years in Atlanta and surrounding cities such as Decatur, Lawrenceville, Marietta, Norcross, Suwanee, Buford, and many others, we have seen a revitalization of downtown areas with restaurants and shops with a much greater emphasis on walkable areas. Instead of going to the mall, a lot of people now like to shop and dine in live, work, and play mixed-use areas and are on foot a lot more than a decade ago.

Drivers and pedestrians both must keep in mind the apparent dangers and use traffic safety skills to avoid harm. It will be interesting to see what the final statistics show for the second half of 2018. If you recall, the new Georgia hands-free law went into effect on July 1, 2018. The statistics in the article only cover the six months immediately prior to that new law going into effect. Perhaps, if drivers distracted by smartphones are partially to blame, we will see the number of Georgia pedestrian wrongful death accidents decrease or at least stop increasing in the future with the advent of that new law.

If you or a loved one have been injured or killed in a Georgia pedestrian accident, please contact Gwinnett County based personal injury lawyer Richard Armond at (678) 661-9585 for a free consultation. 

Attorney Richard Armond of The Armond Firm, LLC, handles serious personal injury and wrongful death cases throughout metro Atlanta and the State of Georgia. He is licensed to practice law by the State Bar of Georgia and is based in Lawrenceville, one mile down the road from the Gwinnett Justice and Administration Center. Call him today for a free consultation at (678) 661-9585. The information above is for informational purposes only as of the date of publication and should not be relied upon as legal advice, nor does the reading of it form an attorney-client relationship. Always consult directly with an attorney for legal advice.

Should I agree to mediation for my personal injury case?

This blog post by serious personal injury and wrongful death attorney Richard Armond addresses questions surrounding mediation as a means to resolving personal injury and wrongful death cases. Richard Armond of The Armond Firm, LLC, is based in Lawrenceville, Georgia, near the Gwinnett County Justice and Administration Center. He handles cases throughout metro Atlanta and the State of Georgia.

What is mediation?

Mediation is a form of alternative dispute resolution in which opposing parties agree to have a neutral party called a mediator listen to each party’s presentation of the case in attempt to reach an agreement to amicably resolve a case short of going to trial. Mediation, as opposed to arbitration, is non-binding. In other words, if either party in a mediation does not like the end result then they do not have to agree to the proposed resolution and can walk away still retaining the right to pursue claims or defenses in a lawsuit.

How does mediation work?

Mediation is less formal than proceedings in a court of law. Each side will agree to a particular Georgia registered mediator to hear the case between them and will schedule the mediation hearing for a particular date. Prior to that date, either side typically is allowed to present a summary and materials to the mediator in advance of the mediation to give the mediator a synopsis of the case and their position going into the hearing.

On the date of the mediation, each party will typically be assigned to their own room. The parties typically sign an agreement that the discussions which take place cannot be used against either party in any subsequent litigation. This is to encourage open talks in an attempt to settle the case. The parties will then get together briefly in a room so that each side can give an opening statement if they wish. Basically, this allows any party to state with everyone present what they believe the facts of the case are and what the damages are. Then, the parties retreat to their assigned rooms for private meetings with the mediator.

The mediator will often meet with the plaintiff and his or her attorney first to get the exact amount demanded and discuss the case from the plaintiff’s perspective. The mediator will then leave the room to meet with the defendant and his or her attorney. If the defendant has a counteroffer the mediator will then leave their room and present it to the plaintiff. The process can go back and forth a few times or many times. The goal of each side is typically to reach an appropriate resolution of the case.

Sometimes sides are able to resolve a case relatively quickly. More often, a mediation can go on for hours or even a full day. Sometimes it is clear that one side is being unreasonable and because of that the mediation ends quickly. Other times cases can be complex as strengths and weaknesses of cases, both in the facts and the law, are discussed with the mediator and negotiations continue.

If an agreement is reached the mediator will typically complete a brief settlement memorandum that each party signs regarding the terms of the agreement. If either side does not reach the result they wanted they can walk away to continue litigating the case in court. As stated earlier, the process is much less formal than court proceedings as the rules of evidence are not at issue, each side presents their case outside the presence of the other side, and things like presenting information in advance that would not be allowed in a court of law are permissible in mediations.

Is it a good idea to mediate a wrongful death or personal injury case?

That is a question for your attorney who knows the facts and law of your case inside and out. My experience is that mediation can be a very useful tool to get a case resolved appropriately without the risk of a trial. There is minimal downside to a mediation in that if either party does not like where the final settlement offer is at they may get up and leave without any of it effecting their case in court. Mediation in personal injury and wrongful death cases, however, is not free and the expenses to each side can be thousands of dollars. There is also strategy involved and personal opinions vary amongst attorneys as to how to present a case at a mediation. Some lawyers almost never present information in advance and others routinely waive opening statements. It is best to trust and listen to your lawyer during the mediation process.

If you or a loved one have been injured or killed in Georgia because of the bad act or negligence of another party, please contact Gwinnett County based personal injury and wrongful death lawyer Richard Armond at (678) 661-9585 for a free consultation. 

Attorney Richard Armond of The Armond Firm, LLC, handles serious personal injury and wrongful death cases throughout metro Atlanta and the State of Georgia. He is licensed to practice law by the State Bar of Georgia and is based in Lawrenceville, one mile down the road from the Gwinnett Justice and Administration Center. Call him today for a free consultation at (678) 661-9585. The information above is for informational purposes only as of the date of publication and should not be relied upon as legal advice, nor does the reading of it form an attorney-client relationship. Always consult directly with an attorney for legal advice.

Georgia looking to fix school bus passing law

One thing we want Georgia traffic laws to do is to keep us safe on the roads through reasonable enforcement. According to the Atlanta Journal-Constitution, the Georgia General Assembly is looking to fix Georgia’s school bus passing law that went into effect on July 1, 2018. The statute at issue, O.C.G.A. § 40‑6-163(b), arguably was written such that it is no longer a violation to pass a school bus from the opposite direction of travel when on a road divided by a center center turn lane. Georgia Attorney General Chris Carr came to that opinion on August 20, 2018.

As the Atlanta Journal-Constitution story reports, Georgia lawmakers in both the House and Senate are looking to fix the law this year. This law is a major safety issue for our state and needs to be changed. The story cites a survey of school bus drivers in which 10,988 drivers witnessed 7,465 illegal passes in just a single day.

Further, there has been at least one documented wrongful death of a child since the new law went into effect. This past October in Colquitt County two children were struck while crossing the street to a waiting, stopped school bus. According to WCTV one child died and the other was seriously injured.

Hopefully, the Georgia General Assembly will fix the apparent error with school bus passing law and make our roads safer for children getting on and off the school bus.

If you or a loved one have been injured or killed in a Georgia automobile or pedestrian wreck, please contact Gwinnett County based personal injury lawyer Richard Armond at (678) 661-9585 for a free consultation. 

Attorney Richard Armond of The Armond Firm, LLC, handles serious personal injury and wrongful death cases throughout metro Atlanta and the State of Georgia. He is licensed to practice law by the State Bar of Georgia and is based in Lawrenceville, one mile down the road from the Gwinnett Justice and Administration Center. Call him today for a free consultation at (678) 661-9585. The information above is for informational purposes only as of the date of publication and should not be relied upon as legal advice, nor does the reading of it form an attorney-client relationship. Always consult directly with an attorney for legal advice.

Poll on public compliance with Georgia hands-free driving law

An article in today’s Atlanta Journal-Constitution (link here) cites a poll by the University of Georgia’s School of Public and International Affairs about how Georgia drivers are obeying the new hands-free law that went into effect on July 1 of last year. According to the article, 45% of those surveyed obey the new law all the time, while an additional 40% obey the law most of the time. However, 8.5% of the respondents said they seldom obey the law and 4.3% said they never obey it.

Encouragingly, the article mentions preliminary figures show fatality accidents appear to be down 7% last year, after several years of increasing numbers of roadway deaths led to the passage of the law to combat distracted driving.

As more statistics become available over the next few years, we may have a better idea whether the Hands-Free Georgia Act is making our roads safer. Distracted driving is a real danger and hopefully this law is and will prevent deaths.

If you or a loved one have been injured or killed in a Georgia automobile wreck, please contact Gwinnett County based personal injury lawyer Richard Armond at (678) 661-9585 for a free consultation. 

Attorney Richard Armond of The Armond Firm, LLC, handles serious personal injury and wrongful death cases throughout metro Atlanta and the State of Georgia. He is licensed to practice law by the State Bar of Georgia and is based in Lawrenceville, one mile down the road from the Gwinnett Justice and Administration Center. Call him today for a free consultation at (678) 661-9585. The information above is for informational purposes only as of the date of publication and should not be relied upon as legal advice, nor does the reading of it form an attorney-client relationship. Always consult directly with an attorney for legal advice.

Family Purpose Doctrine in Georgia Automobile Accident Cases

This article by Georgia personal injury lawyer Richard Armond is designed to give the reader a brief explanation of Georgia's "family purpose doctrine" or "family car doctrine" as applicable to automobile accident cases. The doctrine is one that is rooted in the law of agency and allows a plaintiff to pursue a claim for damages against the owner of an automobile who was not the driver during an accident when, in certain circumstances, a member of the owner's family was driving (in situations where the doctrine is applicable, a plaintiff can sue, for example, the parents of a minor child in addition to the child so that there is a source of recovery for damages).

What is the "family purpose doctrine?"

"The family purpose doctrine in Georgia provides that "[e]very person shall be liable for torts committed by . . . his child . . . by his command or in the prosecution and within the scope of his business, whether the same are committed by negligence or voluntarily." Thus, "when an automobile is maintained by the owner for the use and convenience of his family, such owner is liable for the negligence of a member of the family having authority to drive the car while it is being used for a family purpose."" Dashtpeyma v. Wade, 646 S.E.2d 335, 337 (Ga. App., 2007).

In other words, a parent (or other member of a driver's household depending on the facts) can potentially be held liable under Georgia law for negligent acts of a driver from the household pertaining to the use of the family car for family use. A common example would be parents being held liable for an accident caused by their teenage son who was driving the family car home from school. There are, however, many other scenarios in which the doctrine can apply.

What legal elements muse be present for the "family purpose doctrine" to allow for liability?

There are four necessary preconditions along with a requirements regarding the parent/owner/furnisher's authority and agency under Georgia law. The four preconditions are:

(1) the owner of the vehicle must have given permission to a family member to drive the vehicle;

(2) the vehicle's owner must have relinquished control of the vehicle to the family member; 

(3) the family member must be in the vehicle; and 

(4) the vehicle must be engaged in a family purpose.

Dashtpeyma at 337.

Then, the authority and agency requirements, if those preconditions have been satisfied, are:

". . . [T]he doctrine renders the defendant vicariously liable if [defendant] had the right to exercise such authority and control that it may be concluded that an agency relationship existed between [defendant] and the family member with respect to the use of the vehicle." Id.

What is the purpose behind the "family purpose doctrine?"

"The policy behind the origin of the doctrine was the ever increasing number of automobile collisions and the frequency with which the negligent driver was found to be judgment proof. In the case of a family at least, this factor was minimized by finding liability as to the owner of the car who allowed family members to use the car for family pleasures." Anderson v. Lewis, 809 S.E.2d 260, 261 (Ga. App., 2017).

In other words, it is a policy based principle of law designed to give those people injured in automobile accidents by drivers who do not have funds to cover the losses (example: teen drivers) the ability to pursue the claim against a member of the household of the driver who supplied the car (example: the parent who gave the teen a car).

Conclusion:

This is a very brief summary of an area of Georgia law that can sometimes benefit a person who has been injured in a car accident. Factual scenarios such as whether grandparents supplying a car to a grandchild can be held liable, whether family members are actually part of the same household, and whether the doctrine even applies to certain parents of children depending on parental rights or household living arrangements are just some of the issues that can arise in this area of the law.

The law can be very fact specific when a motion for summary judgment is litigated on the family purpose doctrine and a knowledgeable plaintiff's attorney licensed in the State of Georgia is needed to protect the interests of an injured person.

If you or a loved one have been injured or killed in a Georgia automobile wreck, please contact Gwinnett County based personal injury lawyer Richard Armond at (678) 661-9585 for a free consultation. 

Attorney Richard Armond of The Armond Firm, LLC, handles serious personal injury and wrongful death cases throughout metro Atlanta and the State of Georgia. He is licensed to practice law by the State Bar of Georgia and is based in Lawrenceville, one mile down the road from the Gwinnett Justice and Administration Center. Call him today for a free consultation at (678) 661-9585. The information above is for informational purposes only as of the date of publication and should not be relied upon as legal advice, nor does the reading of it form an attorney-client relationship. Always consult directly with an attorney for legal advice.

Utah change in legal BAC limit to 0.05 may save lives

This blog post addresses a change in DUI law designed to prevent wrongful deaths and serious injuries in automobile accidents involving alcohol impaired drivers. Earlier this week a new law went into effect in Utah lowering the legal BAC to 0.05. Other states will surely be watching to see what effect this change has in saving lives in DUI related traffic accidents.

The USA Today (link to story here) published an interesting piece regarding some of the statistics regarding DUI accidents and fatalities pertaining to the lower 0.05 BAC limit. The story cites and links to a study (link to study on National Institutes of Health website here) by James Fell and Robert Voas which “concluded that a .05 BAC limit would prevent 11 percent of fatal crashes involving alcohol and save nearly 1,800 lives each year.”

The USA Today story further cites NTSB (National Transportation Safety Board) statistics which show that when a person has a BAC between 0.05 and 0.079 that person is seven times more likely to be in a fatal accident than a person with no alcohol in his blood.

They also cite statistics from the CDC (Centers for Disease Control) and NHTSA (National Highway Traffic Safety Administration) which show a person can start exhibiting impairment from alcohol with a BAC as low as 0.02 and that driving skills worsen considerably when a person’s BAC reaches 0.05.

Of particular note in the story, though 67% of fatality DUI accidents involve drivers with BACs of 0.15 and above, in 2016 there were 2,017 alcohol related fatalities nationwide involving drivers with BACs of under 0.08 (the legal limit currently in Georgia).

It will be interesting to see what effect this change has on traffic fatalities in Utah in 2019. If it has any significant impact on saving lives I would predict other states will soon follow by changing their laws. The USA Today story notes that most developed countries already have stricter DUI limits such as Utah’s new 0.05 legal limit.

If you or a loved one have been injured or killed in a Georgia traffic accident with a DUI driver, please contact Gwinnett County based personal injury lawyer Richard Armond at (678) 661-9585 for a free consultation. 

Attorney Richard Armond of The Armond Firm, LLC, handles serious personal injury and wrongful death cases throughout metro Atlanta and the State of Georgia. He is licensed to practice law by the State Bar of Georgia and is based in Lawrenceville, one mile down the road from the Gwinnett Justice and Administration Center. Call him today for a free consultation at (678) 661-9585. The information above is for informational purposes only as of the date of publication and should not be relied upon as legal advice, nor does the reading of it form an attorney-client relationship. Always consult directly with an attorney for legal advice.

Georgia Traffic Fatalities for New Year's Travel Period

The Georgia Department of Public Safety has issued the final statistics regarding automobile accidents and fatality wrecks for the New Year’s travel period which began at 6:00 PM, Friday, December 28, 2018, and ended at 11:59 PM, Tuesday, January 1, 2019.

In total 18 people lost their lives in traffic crashes in Georgia during this recent holiday travel period.

These fatal crashes were investigated by the Georgia State Patrol, Dougherty County Police, Loganville Police, Atlanta Police, Rockdale County Sheriff’s Office, Chatham County Police, Gwinnett County Police, Newton County Sheriff’s Office, and DeKalb County Police.

The Georgia State Patrol alone investigated 550 traffic wrecks that resulted in 223 injuries and seven fatalities. They also made 368 DUI arrests and issued 6,971 citations during the New Year’s travel period.

Here is hoping you and your loved ones had a safe New Year’s celebration and will have a happy and prosperous 2019!

If you or a loved one have been injured or killed in a Georgia traffic accident, please contact Gwinnett County based personal injury lawyer Richard Armond at (678) 661-9585 for a free consultation. 

Attorney Richard Armond of The Armond Firm, LLC, handles serious personal injury and wrongful death cases throughout metro Atlanta and the State of Georgia. He is licensed to practice law by the State Bar of Georgia and is based in Lawrenceville, one mile down the road from the Gwinnett Justice and Administration Center. Call him today for a free consultation at (678) 661-9585. The information above is for informational purposes only as of the date of publication and should not be relied upon as legal advice, nor does the reading of it form an attorney-client relationship. Always consult directly with an attorney for legal advice.

Georgia Traffic Accident and Fatality Statistics for Christmas 2018

The official statistics for Georgia traffic fatalities for the 2018 Christmas travel period are in and tragically 26 people lost their lives. According to the Georgia Department of Public Safety, there were 700 traffic crashes resulting in 333 injured persons handled just by the Georgia State Patrol (not accounting for local agencies). The Georgia State Patrol alone also made 285 DUI arrests.

Of the fatal accidents in Georgia for the 2018 Christmas travel period, the incidents occurred in the jurisdiction of the following agencies: Georgia State Patrol, Atlanta Police Department, Gwinnett County Police Department, Columbia County Sheriff’s Office, DeKalb County Police Department, Clayton County Police Department, Savannah Police Department, Lawrenceville Police Department, Dade County Sheriff’s Office, and Floyd County Police Department.

These statistics are based on a 126 hour travel period from 6:00 PM, Friday, December 21, 2018 to 11:59 PM, Wednesday, December 26, 2018.

If you or a loved one have been injured or killed in a Georgia traffic accident, please contact Gwinnett County based personal injury lawyer Richard Armond at (678) 661-9585 for a free consultation. 

Attorney Richard Armond of The Armond Firm, LLC, handles serious personal injury and wrongful death cases throughout metro Atlanta and the State of Georgia. He is licensed to practice law by the State Bar of Georgia and is based in Lawrenceville, one mile down the road from the Gwinnett Justice and Administration Center. Call him today for a free consultation at (678) 661-9585. The information above is for informational purposes only as of the date of publication and should not be relied upon as legal advice, nor does the reading of it form an attorney-client relationship. Always consult directly with an attorney for legal advice.

Avoid Child Injury at Christmas with Safe Toys

This blog post by Georgia personal injury and wrongful death attorney Richard Armond of The Armond Firm, LLC, focuses on the risk of child injury from dangerous toys—specifically, it is a reminder about some of the toys this holiday season which may be unsafe and be a source of products liability for the manufacturers and sellers. The Armond Firm, LLC, is located in Lawrenceville, Gwinnett County, Georgia. Call 678-661-9585 for a free case consultation. Please stay safe and make sure your children have age appropriate and safe toys this holiday season.

Each year the United States Public Interest Research Group releases its Toy Safety Report letting consumers know of toys which may be unsafe and pose a danger to children.

Of particular note in the report this year are the following:

  • Toys that are too loud and pose a risk of hearing damage

  • Slime. Several brands of slime contain toxic boron. Small kids love to put stuff like slime in their mouths so this is an obvious danger.

  • Toys marketed to adults. The U.S. PIRG mentions lead in makeup (again, we all know small children put stuff like this in their mouths) and fidget spinners. Later, the report also mentions makeups found with asbestos and to avoid any makeups with talc, which can be a source of asbestos.

  • Toys with small parts. We all know small parts pose a choking hazard to smaller children. One thing of note according to the U.S. PIRG: check all toys to see if any parts can fit through a toilet paper roll—if so, then the choking risk is there. The report also mentions balloons as a choking danger.

  • Hatching toys—again, when they break apart their can be small parts that are then a choking hazard.

  • Toys with magnets—swallowed magnets can bunch together in a child’s digestive system and cause serious injury.

  • Smart toys—these toys may be collecting personal data which can be hacked.

The report also warns to check older and used toys to make sure they were not recalled in the past. It also give really good advice to check the actual label of toys purchased online because the information on the website such as the appropriate age range for the toys may be incorrect when compared to the physical label.

Please review the full U.S. PIRG report (.pdf) to see further information including specific brands of toys that they believe are dangerous. Please keep your children safe and happy this holiday season!

If your child has been killed or injured because of a dangerous product or any person or company’s negligence, please contact Gwinnett County based personal injury lawyer Richard Armond at (678) 661-9585 for a free consultation. 

Attorney Richard Armond of The Armond Firm, LLC, handles serious personal injury and wrongful death cases throughout metro Atlanta and the State of Georgia. He is licensed to practice law by the State Bar of Georgia and is based in Lawrenceville, one mile down the road from the Gwinnett Justice and Administration Center. Call him today for a free consultation at (678) 661-9585. The information above is for informational purposes only as of the date of publication and should not be relied upon as legal advice, nor does the reading of it form an attorney-client relationship. Always consult directly with an attorney for legal advice.