Atlanta Personal Injury Lawyer - Wrongful Death

Texas Day Care Licensing Needs Reform

M. Brandon Smith — Thu, 19 Nov 2009 21:27:27 GMT

With more and more two-parent households needing both parents to work outside of the home, and more single-parent households being created, the number of young children in daycare is rising. We trust daycare providers to create a safe environment for our children, and to make sure our children are safe when we cannot watch them ourselves.

And while many daycare centers are reliable and staffed by trained professionals, we cannot always guarantee that our children are safe, as a recent incident in Dallas/Fort Worth shows.

On Halloween 2008, A 2-year old girl ingested a rock at the Woodbridge Day School, and choked on it for several minutes before any day care staff noticed that anything was wrong. Due to the delayed reaction in helping the girl, she ended up dying. According to this story by CBS 11 News:

A records check shows the daycare has had two deficiencies in the last two years. One was for not documenting infant feeding instructions. In another incident, a child told a worker he or she was in pain and instead of looking into it, the worker told the child to tell their parent.

Woodbridge was found negligent in allowing the little girl's death to occur.

The fact that the daycare already had deficiencies in its record, and it had not looked into correcting them is troubling. What is even more troubling is the fact that, under a Texas daycare law loophole, if the current owner of Woodbridge wanted to sell his establishment to a new owner, then all of the previous owner's regulatory violations and deficiencies would be wiped from the Texas Department of Family and Protective Services' website, without necessarily having to replace a single employee, even if those employees lacked the proper qualifications or training.

This law is dangerous, and can make it very difficult for working parents to find a genuinely safe daycare center to place their children. We need to work to hold lawmakers and daycare owners accountable for their actions, so that loopholes like these don't end up costing more children their lives.

Originally posted at InjuryBoard by M. Brandon Smith

Fatal Accident Occurs At Atlanta's Hartsfild-Jackson Airport

M. Brandon Smith — Fri, 15 Jun 2007 00:07:49 GMT

A fatal accident has recently been reported at Atlanta's Hartsfield-Jackson Airport. Early reports indicate a man working on the Maynard Jackson International Terminal was struck by a large dump truck around 3:00 p.m. on Thursday. The man was immediately taken to nearby Grady Hospital but later died as a result of his injuries. The name of the man and other circumstances surrounding his tragic death have not yet been released. As more information is divulged it will be further discussed in a follow up to this initial post.

Originally posted at InjuryBoard by M. Brandon Smith

Fatal Hit and Run Accident Leads To Arrest Of Unlicensed 17 Year-Old Driver

M. Brandon Smith — Thu, 03 May 2007 12:56:54 GMT

The tragic death of an elderly Marietta man who was killed as a result of a hit and run driver has now lead to the arrest of 17 year-old Israel Ruiz. The decedent was reportedly turning left from Bells Ferry Road onto Cobb Parkway when Ruiz ran a red light and slammed into the decedent's vehicle. He was taken to Grady Memorial Hospital but subsequently died two days later due to his injuries from the hit and run accident. Ruiz, who was driving a Windstar minivan, fled from the scene immediately after the accident. The hit and run driver has been charged with first-degree vehicular homicide, hit and run, driving without a license, driving an unregistered vehicle, and disregarding a traffic control device.

Had Ruiz remained at the scene, he most likely would have only faced misdemeanor charges as a result of the fatal car accident. Because he chose to flee the scene without regard for the safety and wellbeing of those who he injured in the hit and run accident, he now faces felony criminal charges. Ruiz will also assuredly face civil penalties for his deplorable actions as well when the decedent's estate brings a wrongful death claim against him for his wanton and willful actions.

Originally posted at InjuryBoard by M. Brandon Smith

Construction Worker Crushed To Death While On The Job

M. Brandon Smith — Tue, 13 Mar 2007 23:37:13 GMT

Everyone knows construction sites can be very dangerous if the proper attention and precautions are not taken. The incident that took place Richland Creek Road in Buford, Georgia where a Gwinnett County man was crushed to death at his work site is just the latest tragic example. According to authorities and OSHA officials investigating the construction site, a 63-year-old man was crushed to death by a heavy piece of equipment as he was trying to load it onto something else. It is very unfortunate when accidents like this happen. Although the investigation is still underway in this wrongful death accident, these type of incidents almost always occur because someone was not doing something they should have done or in the alternative did something they were not supposed to do.

Regardless of who was at fault, however, even if it was the 63-year-old man, workers compensation should cover the accident. For a workers compensation claim, generally speaking, the only thing needed is that an injury occur while an employee was working for his employer and that the work being done was in the course and scope of the employment. Fault and liability issues are irrelevant.

In addition, because machinery was involved, there very well may also be a product liability component to this tragic accident if a defect or failure to warn issue arises relating to the machinery used. In products liability cases, placing fault and liability are necessary to ensure a viable claim.

Although no lawsuit or any amount of compensation will ever bring the decedent back, the proceeds from such a suit could help the family members left behind in the months and years ahead in dealing with the emotional and financial hardships that inevitably arise. This especially true when young children or elderly members are left behind who may have been dependant on the victim. Regardless of those facts, our thoughts and condolences go out to this gentleman's family and friends during this tragic period.

Originally posted at InjuryBoard by M. Brandon Smith

Water Drinking Contest Ends In Death

M. Brandon Smith — Thu, 25 Jan 2007 20:21:54 GMT

After a the death of a young mother in a recent water drinking contest held by a local radio station in California, a wrongful death lawsuit has now been filed on her behalf by the family members left behind. It is alleged that the contest promised a Nintendo Wii to the person who could drink the most water in a single sitting without going to bathroom. As a result of the contest, Jennifer Strange, died of water intoxication. The lawsuit named the radio station, its owners, and on air personnel as defendants after Strange was denied medical attention despite her reports of pain during the competition. Strange is survived by her husband and three children.

Originally posted at InjuryBoard by M. Brandon Smith