Understand the Symptoms of Traumatic Brain Injury ("TBI")

July 19, 2010

As an Atlanta car accident lawyer, I find it surprising that so many people are unaware of the symptoms of brain injuries, considering the seriousness of these. A brain injury does not have to involve a person blacked out for hours, or bleeding from the head and nose. In fact, symptoms of brain injury can vary, depending on whether it's a mild, moderate or severe TBI.

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Yet Another Dangerous Atlanta Street

February 11, 2010

I have written about similar dangerous conditions in the City of Atlanta, but it bears repeating because these instances of City neglect are too dangerous to ignore. Atlanta residents out for a stroll are in danger. So too are small children playing in the area, bicyclists, joggers and pets. If you go to the corner of North Highland Avenue and Cumberland Road, you will find the sharp jagged edge of what used to be a speed limit sign sticking up from the ground into the air. Just a few blocks away, at the corner of Stillwood and Rosedale, a City of Atlanta storm drain lies uncovered.

While the general rule is that the City is not responsible for simple negligence if someone gets hurt, there are many legal claims that allow those injured by these (and other similar dangerous conditions on City of Atlanta roads and property) to recover from the City for their injuries. Please be careful out there. Hopefully, you will not need the advise of an experienced Atlanta injury lawyer, but if you are injured, please take the time to hire the right lawyer.

Dangerous Crosswalk in Dekalb County Georgia

January 4, 2010

Once again, we are reminded of the dangerous conditions which some Atlanta pedestrians are subjected to while they are walking and biking on city and county roads. According to recent reports, Atlanta resident Carol Sandlin suffered a serious ankle injury and was rushed to Emory Hospital for treatment when she fell while trying to cross North Decatur Road where it intersects with Oakdale Drive. Ms. Sandlin and her husband reported the dangerous intersection (which legally constitutes a "nuisance") to the Atlanta Journal Constitution in hopes that the broken concrete and sunken roadway would be repaired by the county before someone else is injured.

Generally, the local municipality charged with maintaining the roadway and sidewalk in good condition (i.e., safe and free from dangerous defects) is legally responsible to a pedestrian who suffers an injury if the municipality knew or should have known about the dangerous condition and failed to make adequate repairs. Depending on the circumstances, the liable municipality in the Atlanta area would be The City of Atlanta, Dekalb County, Fulton County, the City of Decatur, Cobb County, Clayton County, the City of Marietta, Gwinnett County, etc.

What is especially worrisome about dangerous intersections is that, not only does the injured pedestrian fall and suffer from any number of injuries related to the fall (e.g., broken ankle, broken arm, torn rotator cuff, head injuries), but once they fall, they risk being run over by passing cars on busy streets and intersections. This is why local city and county agencies must be vigilant about making these needed repairs.

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City of Atlanta Pays $325,000 to Woman Injured on Broken Water Meter

November 3, 2009

The Atlanta City council has approved a $325,000 payment to a woman who tripped and fell on a broken City of Atlanta water meter. The injured Atlanta citizen originally sought over $1 million when she hurt herself when she stepped through a broken water meter cover that was not properly maintained by the city.

While the City of Atlanta is often immune from the type of negligence claims asserted against private entities, there are many legal theories under which people hurt by the wrongful acts of the City of Atlanta can recover. One such theory is nuisance. Under a nuisance claim, the injured party claims that the City of Atlanta has maintained a dangerous condition and has not corrected the danger, even after the City knew, or should have known of the danger.

In order to maintain a nuisance claim against the City, one must first "put the City on notice." Under Georgia law, before an action for personal injury or injury to property can be brought against the City or other municipal entity, one must first send a written ante litem notice.

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