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Elder Abuse Rampant in Gwinnett County Nursing Homes

Elder abuse in nursing homes is a growing nationwide problem. Gwinnett County nursing homes are no exception to issues with elder abuse with nearly a third of all nursing homes in the county cited for a federal regulation that could have caused actual harm to a resident. More than half of nursing home workers admit to mistreatment of the elderly living in the nursing homes. Elder Abuse Statistics The National Center on Elder Abuse states that 44% of nursing home residents report abuse of some kind; 95% report neglect to themselves or another resident. Over 50% of nursing home workers […]

Sexual Harassment Claims High in Georgia

Sexual harassment claims have recently become center stage in the news with women coming forward to make legal claims and demand change. In the U.S. sexual harassment in employment, in academia, or by housing management of landlords is illegal. Sexual Harassment Definition The Equal Employment Opportunity Commission, EEOC, defines sexual harassment as unwelcome sexual advances, requests for sexual favors, as well as any of the following sexual verbal or physical conduct: Submission to sexual conduct as a term or condition of one’s employment where one feels their employment status is jeopardized Submission or rejection of the sexual conduct is used […]

False Arrest Violates 4th Amendment Right

Most cases of false arrest involve shoplifting accusations and are typically made by security guards and store owners or managers. A false arrest is an arrest made without a warrant or probably cause and is a form of imprisonment and considered a direct violation of your 4th Amendment rights. False Arrest and False Imprisonment When accused of shoplifting for example, a security guard or other employee at the store may restrain you from leaving. False imprisonment amounts to restraining or restricting your ability to leave either through physical force, gestures or conduct. If you are restricted from leaving due to […]

Public Transportation Accidents Bring Law Suit

Going about your normal day can bring unexpected injury due to a public transportation accident, whether as a rider or as a pedestrian. Public transportation accidents are common and include buses, trains, the subway, airplanes, or taxis. No matter if the public transportation is under a state, municipality, county entity, or owned by the private sector, they are all required to operate with the highest degree of care and diligence, putting passenger safety first. Public Transportation Driver Liability A driver of public transportation needs to be fully qualified and well trained to the vehicle they are operating. Whether the driver […]

Slow Poke Law a Georgia Traffic Offense

Georgia has a traffic law on the books that you may not be aware of. Passed a few years ago, the Slow Poke Law is gathering hundreds of violations a year for surprised motorists. The law was written so that any driver — even ones who might already be at or exceeding the speed limit — must move to the right if traffic behind them is traveling faster and wishes to pass. Even if you are going faster than the speed limit, you still need to move over to let other faster drivers pass. Slow Poke Law Reasoning The law […]

Road Rage a Serious Criminal Offense

Road rage occurs throughout the year but during the holiday season the incidence increases due to increased stress, crowded parking lots and roadways, increased travel to visit friends and relatives, and reports of “decreased time to get everything done.” Road Rage in Georgia The State of Georgia defines road rage or aggressive driving as operating a motor vehicle with the intent to annoy, harass, injure, intimidate, or obstruct another person. Aggressive behaviors may be against another driver, a pedestrian, passengers in another vehicle, or even passengers in the motor vehicle being driven by the accused. The law states that the […]

Family Purpose Doctrine Affects Household

In Georgia parents may not be held liable for their household members solely due to their parent-child relationship; however, they can still be liable for children and all other household members in specific situations. The Family Purpose Doctrine concerns one such specific situation that may make the head of household liable for the conduct of a spouse or child, whether a minor or adult, during the use of a vehicle. Family Purpose Doctrine and Vehicle Use Parents may find themselves liable for the conduct of their children while using or driving a vehicle where injury occurred. In Georgia if a […]

Facebook Posts of Child Makes Parents Liable

The Georgia Court of Appeals has ruled that parents can be held liable for their child’s Facebook posts. This decision could now set a legal precedent on the issue of parental responsibility over their children’s online activity. Child’s Facebook Posts Bring Lawsuit In the Georgia case of Boston vs Athearns, the Bostons sought damages for libel and intentional infliction of emotional distress and claimed the Athearns (parents) made no effort to compel their child to delete or remove the fake Facebook page he made about their child. The Georgia Court of Appeals upheld the negligence claims against the parents and […]

Parental Responsibility Laws and Fines

Georgia has a number of parental responsibility laws that can hold a parent or guardian liable for both criminal and civil acts that a minor may be involved in. The liability may include financial responsibility up to $10,000 plus court costs in property damage and/or medical expenses. Parental Responsibility Duty In Georgia, parental responsibility refers to the liability for both the criminal and civil acts committed by a minor, or child under 18 years of age. The law implies that parents have a legal duty to take reasonable steps to supervise their minor child, and they may become legally and […]

Slip and Fall Injuries Exceed Millions Every Year

Slip and fall injuries are the leading cause of occupational injury for those aged 15 to 24 years of age, as well as the leading cause at 85% of workers’ compensation claims. With falls accounting for over 8 million, or over 21% of emergency room visits, slip and fall injuries account for over 1 million visits or 12% of total falls. Slip and Fall Accidents Affect Public Safety Injuries incurred from a slip or fall can occur anywhere to anyone. Many premises liability cases are filed when a customer is injured due to unsafe conditions, poor maintenance of the property, […]