An “Insufficient Culture of Safety” Permeates the Workplace

On June 13, over 80 employees at the Atlanta Centers for Disease Control’s (CDC) Bioterror Laboratory were exposed to anthrax. Workers had unknowingly sent live anthrax samples to other CDC labs. Live anthrax is a huge health risk. Though not contagious, active bacteria can multiply, produce toxins, and cause severe illness via inhalation or contact with a contaminated material.

A USDA investigation of the situation revealed that the lab’s anthrax had been stored in improperly labeled and unlocked refrigerators. For the cleanup, employees utilized expired disinfectant. Exposed workers were not given preventative antibiotics and vaccines until five days after the incident. Containment guidelines went unheeded, and contaminated materials were transported in Ziploc bags, instead of protective containers. Fortunately, if not by miracle alone, no one in the lab has reported illness. The head of that lab is reported to have resigned.

Less than a month later, yet another federal health agency was called out on acts of negligence. Over 300 vials of disease improperly stored bacteria and viruses were found at the National Institute of Health (NIH) in Bethesda, Md. Two of these vials contained live smallpox, a disease responsible for an estimated 500 million deaths in the 20^th century alone. The most shocking part is that the samples had been sitting in storage since the early 1960s, unnoticed for nearly fifty years.

Both situations are, ironically, shocking acts of carelessness for organizations that house some of the world’s most secure laboratories.

Working in such a high-risk place, you’d think that would warrant stringently followed, comprehensive safety policies. Safety protocol is created to minimize and prevent injury to workers. A government organization, the CDC did not follow even its own protocol.

Many of us assume that our employers effectively keep dangerous materials under tight restrictions and security, but that doesn’t seem to be the case. What you don’t know can harm you. Worker’s compensation claims exist when an employee is injured on the job, regardless of fault.

McAleer Law helps injured workers obtain the medical treatment and compensation they deserve. If you or anyone you know has been injured on the job, give us a call at (404) 622-5337. Follow us on Facebook for regular updates.

Georgia’s Firearm Expansion Law and What It Means For Residents

On July 1, Georgia House Bill 60, the “Safe Carry Protection Act” of 2014 went into effect. Given the nickname the “guns everywhere bill,” the law specifies where Georgia residents are permitted to carry concealed weapons. This law has expanded that right in many ways, but what does it mean for you?

The new law makes it illegal for police to perform random checks for weapons permits. When authorities are unable to confirm that someone has the legal right to carry a weapon, those without a license to carry may be emboldened to do so. And as Georgia doesn’t require applicants to undergo firearm safety training before obtaining a license, this could leave the greater population more vulnerable to gun injuries. With gun rights a hot topic of debate and traditional lifestyle for many of us in the South, this law can leave quite an impression on Georgia communities.

Slight changes in the law can lead to much confusion and concern for the following parties:

Travelers
Travelers are permitted to carry concealed weapons around the airport, but not through security clearance. Carrying guns is already a safety concern at Hartsfield-Jackson Atlanta International Airport, which holds the title for world’s busiest airport.

Bar Regulars
Alcohol frequently accompanies gun violence. That is indisputable. Allowing guns in bars can be scary, especially in a space where there is already a tendency for violence. This law could potentially have no affect, since guns are currently already allowed in restaurants with full bars. But adding weapons to the equation of inebriated patrons plus hostility could be a recipe for disaster. Where altercations often happen in parking lots, if violence should happen right on premises, these new laws could place even more patrons at risk. In a state where the Stand Your Ground Law still stands, this could prove destructive.

If a bar decides to condemn weapons in their establishment, bar owners can take a proactive approach by refusing service to anyone who refuses to respect their requests. Even with this advantage, the bill remains vague about the responsibilities and rights of bar owners.

Religious Congregations
Previous gun law stated that weapons were illegal in all houses of worship. The new law leaves the issue open for clergy leaders to decide.

Students and Educators
If the school board approves, school personnel may vote to favor specific members of faculty to bear arms. One concern with school-approval is that school boards will be using additional resources to handle business outside their knowledge. They would be required to create their own standards and regulate their own background checks. Unsurprisingly, many schools have made it clear that they don’t want weapons on their campuses.

Patients and Patrons of Government Buildings
Under the new law, having security at all entrances is about the only measure a government building can take to prevent guns from entering. This leaves city halls, libraries, and recreation centers, as open spaces for gun-carriers. While some buildings, nursing homes, and hospitals have security, very few have the financial resources to screen for weapons at all entrances.

Privately owned hospitals such as Emory and Piedmont Atlanta Hospital do not have to comply with the law. This exclusion also applies to facilities with inpatient mental health units like Grady Memorial Hospital.

While signs may be posted to inform the public that weapons are banned, the greatest challenge to HB60 is that other than the occasional $25-100 fine, the gun law includes no specific consequences for those who choose to ignore signs that ban weapons and who decide to bring them anyway. If city officials, owners, and leaders continue to be in the dark about laws, they could be vulnerable to lawsuits.

The Intersection of the Stand Your Ground Law

The “Safe Carry Protection Act” builds on and expands Georgia’s “Stand Your Ground” law. The Stand Your Ground law protects any person from criminal prosecution if s/he kills another in self-defense.

Exceptions to the Stand-Your-Ground Law used to include:
(1) Those who discharged a firearm while under the influence of drugs or alcohol.
(2) Convicted felons and probationers who possessed firearms.
(3) Those who carried weapons in bars, government buildings, and places of worship.
The expansion of the gun law now protects those parties.

Every year thousands of people are killed and injured in incidents involving guns. These occurrences happen equally amongst unlawful weapons holders and law-abiding legal gun owners. In 2010, the cost of U.S. injuries from firearms was about $174 billion, including lost work and medical care (CDC, 2010). If you or someone you know has been injured by a gun, you may be entitled to compensation. For legal counsel, timing is key to the success of your case. Don’t wait another minute. Call us at 404.MCALEER.

 

Are Home Births Worth the Risk?

For many women, the birth of their child is one of the most pivotal moments of their lives. Months of anticipation come to an end as contractions begin. While the majority of U.S. women travel to a hospital for delivery, many are considering home birth. Home births are desired because in them, women can feel relaxed, comfortable, empowered, and wrapped in intimacy, as their grandmothers, greats, and ancestors may have been.

Though most babies today are delivered in hospitals, the United States maintains the highest maternal mortality rate of any industrialized country. In fact, maternal mortality rates are actually increasing! The World Health Organization states that caesarian section rates of a healthy population should never exceed 15%, but U.S. rates have reached an average of 34% (WHO, 2009). Most cesareans performed in the U.S. are unnecessary, leaving women to deal with higher risks of infection, hemorrhage, and additional injury. When hospitals are shadowed with high intervention rates, and in Georgia, where rural populations are higher than the national average, home birth may seem like a good alternative.

Increasing in popularity, home births still account for less than 1% of all births. Where we choose to have our babies is an important decision, and problems may arise when couples are unaware of the hazards that accompany home births.

CREDENTIALS
Midwives are sought because of their holistic approach to childbirth, providing both mother and newborn with emotional and physical care over an extended period. There are two major kinds of midwives:

1. Nurse midwives (CNMs), like obstetricians, are medically trained and licensed to deliver babies in homes, birth centers, clinics, and hospitals. They have successfully graduated from an accredited university program and may legally practice in all states. Nurse midwives provide routine gynecological care and offer counseling and medical care during pre-conception, pregnancy, childbirth, and the postpartum period. In Georgia, although nurse midwives may legally oversee home births under the supervision of a physician, many Georgia doctors fear lawsuits and are unwilling to attend home births, hence restricting these nurses as well.
2. The title of professional midwife or lay midwife (CPM) is virtually open to anyone. The title offers no implication of skill, education, or legal right to practice birthing. The midwives, though they may be experienced, hold no credentials or licensing. Also known as direct-entry midwives, professional midwives are usually uninsured, unrecognized, and unregulated by the state.

LIABILITIES
Choosing a midwife who carries malpractice insurance helps identify that the person being hired operates within some sort of accountability. In the event of negligence, families can receive compensation. However, lay midwives, unlicensed and unrecognized by the state, are not required to carry malpractice insurance and often do not. In the event of an accident, they may leave a family struggling with years of related costs.

In the instance that a midwife with no liability insurance transports an injured mother or baby to the hospital, the attending physician may end up responsible for damages. Because many malpractice insurance policies won’t cover a physician that participates in home births, most physicians refuse to collaborate with midwives who perform them.

As a preventative measure to filing a claim for a malpractice suit, hospital births are the safest option, as they are always insured.

RIGHT TO CONSENT
Legally, women have the right to informed consent. Informed consent assures that patients are given appropriate information so that they may make a knowledgeable, voluntary choice to accept or refuse medical interventions. Providers tend to make a lot of assumptions about the basic knowledge patients may have about certain treatments and rarely take the time to explain the benefits and risks of specific drugs or procedures.

If you don’t understand what your provider is saying and you need more information, never hesitate to speak up. You reserve the right write in and cross things off any consent forms you are presented with. If you wish to refuse a specific treatment and the doctor performs it anyway, the doctor and hospital may be subject to criminal charges even if you and the baby are fine after the procedure.

However, there have been situations where women are deemed to have no legal rights to refusal. There have been recent trends where mothers were forced into caesareans, episiotomies, or induced labor against their will. Most notable, is the incident where a woman was charged with murder for refusing a C-section. Deemed medically necessary or overshadowed by hospital or procedure policy, lines can be fuzzy. The most appropriate legal course of action is dependent on the specific circumstances of the case.

In a home birth, circumstances depend upon your written contracts and agreements with your midwife. In both situations, it is critical to maintain a comfortable relationship with a physician or midwife you trust.

RISK
Home births are often associated with the stigma of riskiness, but it’s important to remember that there is no such thing as a “safe” or risk-free birth.

A poorly planned home birth with a less than competent medical provider can end in disaster. Do not attempt a home birth without first acknowledging these factors:

• Women dealing with chronic health issues such as diabetes or high blood pressure are encouraged not to have home births. Complications can arise and are better monitored, prevented, or treated in a hospital.
• Do not attempt a home birth if you have not had the necessary prenatal care.
• Credentials aside, choose a midwife who has attended plenty births and has an assistant.
• Plan for emergencies. What will happen if something goes wrong? Will you be transported to the hospital?
• As a preventative measure, make sure that your midwife is acquainted with a physician in a nearby hospital. If there is no relationship between the two or prenatal documentation is not shared, if you are to be admitted, you’ll merely be treated as an ER patient.
• Does the hospital nearest to where you plan on having your baby have a maternity unit? Is it equipped to deal with any issues that might arise?

While home births are technically legal in Georgia, laws, regulations, uncertainties, and a general absence of information make the process tedious and frustrating to maneuver. Please spend an ample amount of time in research before making the decision to initiate a home birth. The best birth scenario is one in which the mother is safe and comfortable.

When medical professionals fail to provide proper care, they must be held accountable. McAleer Law can take on your medical malpractice suit. If your baby suffered a birth defect or died because of negligent medical care or you are seeking legal counsel, please contact McAleer Law at (404)-MCALEER.

Hot Cars Put Children at Risk

Sadly, during the summer time, we often hear the heartbreaking stories of distressed parents discovering injured or lifeless children in their backseat. It is easy to become outraged at these cases and condemn parents and caretakers for irresponsibility. However, it is critical to remember that this can happen to anyone, even you.  A temporary lapse in judgment, a deviation from the regular routine, or a quick errand could expose your child to danger and leave you or a caregiver facing criminal charges and even jail time.

For those of us raised in the south, the lack of public transportation means much of our summer travel is spent in an automobile. From endless visits to the grocery store, trips to see family, and hours of joyrides, we may be accustomed to unsupervised time in parking lots for varying lengths of time. We may even arise from those experiences without harm, but not always.

It wasn’t until the 1990s that car seats were required to face the rear and placed in the backseat of a vehicle. This law alone, while protecting young children from airbag fatalities, has left them susceptible to the further risk of being forgotten. The statistics show a correlation between these occurrences, and McAleer Law would like to remind parents and caregivers about the dangers of leaving children alone in cars.

RISK 

Child safety is a serious matter. Most cases of hot car injury are accidents where no harm is deliberately inflicted. Unfortunately, intention does not supersede consequence.

• Temperatures inside a vehicle can rise 20-degrees within just ten minutes! This is especially dangerous in Georgia, where recent temperatures are regularly well into the 80s by midmorning.
• A baby’s body temperature rises faster than an adult’s, and body temperatures of 107-degrees can lead to death.
• In 2013, at least 44 children in the U.S. died after being left in unattended motor vehicles (San Francisco State University Department of Geosciences, 2014).
• Leaving a child in a hot vehicle can lead to illnesses such as heat rash, fainting, heat cramps, and heat stroke.

As of June, thirteen children have died from heatstroke this year.

LAW

There are no Georgia-specific laws regarding leaving children unattended, but the accepted guidelines on this specific subject matter work well to prevent potential injury. The general rule of thumb is that no child under 7-years-old should ever be left alone. This is especially true for infants.
In the case of death or injury, prosecution varies by state and county. Of those arrested and charged in a child’s death, the majority are convicted of child abuse, child neglect, manslaughter, or negligent homicide.

SAFETY

Prevent tragedy from happening to you or a child you are taking care of:

• Never leave children unattended in vehicle at any time, even if it is for a moment and the windows are down. If you are out of the vehicle, they should be as well.
• Do not allow children to play in an unattended vehicle.
• Make a habit to check the front and back seats before locking the door and walking away. Leave important object in backseat to serve as reminder.
• Request that childcare providers call if your child doesn’t show up when s/he is expected.
• If you see a child in distress or unattended in someone else’s car, remove them from the situation, and call 911 immediately.

Please encourage those in your life to heed these warnings carefully, not only in the summer months, but at all times. In the event an injury or death happens to your loved one because of a negligent caregiver, please contact McAleer Law at (404) MCALEER.

MARTA Assault Sparks Demand for Security

On the night of Monday, May 19, two transgender women stood on the train platform at MARTA’s Five Points Station in downtown Atlanta. Awaiting the train, the pair was allegedly mocked, photographed, and heckled by two men. The men relentlessly ridiculed the women, sneering and demanding to know if they were “real”. Though the women repeatedly asked their taunters to leave them alone, their requests were ignored.

Boarding the train, the verbal exchange quickly escalated, becoming physical when one of the harassers suddenly kicked one of the females. A brawl immediately ensued. Onlookers merely stood by. None of the train’s passengers reported the incident or tried to intervene. When it ended, one woman was left completely naked and on the floor. The horrifying display of violence had been recorded and posted online. It has since gone viral.

MARTA police arrested the two male suspects for disorderly conduct and are leading further investigations into the situation. The location of the attack alone could serve to elevate their charges to a misdemeanor of “high and aggravated nature” or felony of aggravated assault and battery, but unless statements are made or victims press charges, the perpetrators can only be held for lesser offenses. Humiliated and dishonored, both victims have since left town.

Rights of Passengers
All property owners—including MARTA representatives—are lawfully required to ensure that property is safe for riders. In fact, because they are operated by a government entity, MARTA carriers are obligated to “use extraordinary diligence to protect the lives and persons of its passengers” (O.C.G.A. § 46-9-132). Public transportation is deemed a protected space, and it is their duty to provide for the security, safety, and health of riders. MARTA failed its mission to safeguard the only entity that it serves.

Integrity Compromised
“Ride with Respect” is a phrase you can spot scrolling on any MARTA bus’ LCD display. Regrettably, no respect was served on that infamous train ride. While it is impossible to fully protect passengers from all acts of others, MARTA’s recent boasting of a heavy police presence, new security cameras, and mobile app didn’t seem to make a difference.Does it hurt to mention that one of the accused men has previously been arrested, on MARTA, for another count of battery?It’s troubling to think about what could have happened if someone had been carrying a weapon, as there are state laws that allow carrying concealed weapons onto public transportation.

Filing a Claim
In this specific situation, both victims may have gone on to file personal injury claims against their two male attackers and/or a claim against MARTA.

Have you or a family member been a victim to violent crime on public property? These experiences can be especially traumatic, and you shouldn’t have to suffer in silence. Choose a firm that knows how to navigate the complexities and win these kinds of cases. McAleer Law has the experience and resources necessary to put in the hard work, time, and effort that bring positive results to your case. Contact McAleer Law at (404) 622-5337 to discuss your legal options.

Out of Sight Does Not Necessarily Mean Out of Mind

Forty-seven-year-old Wanda Franklin suffered from schizophrenia. As her condition worsened and Wanda’s ability to care for herself vanished, her husband placed her in a personal care home. Two months later, Mrs. Franklin leapt from her bedroom window, but survived the 20-foot fall, suffering a shoulder fracture, skull fracture, and brain damage.

Suicide is the number one cause of premature death among people with schizophrenia, with 40 percent attempting suicide at least once. In this case, the home’s failure to provide appropriate safety procedures to prevent Mrs. Franklin’s fall was found to be an act of negligence. When McAleer attorney, Katherine Jackson, was asked to take the case (Franklin v. Ryan’s Hope), we weren’t surprised when it resulted in a default judgment of nearly $1.2 million awarded to the Franklins.

“Negligence” is technically an umbrella of actions that cause harm or risk to the life and safety of a vulnerable person including, but not limited to, physical abuse, emotional abuse, sexual abuse, neglect, abandonment, and financial exploitation. Sadly, neglect is not always easily identified, as elderly victims are often unsure of reporting procedures, fearful for their safety, or dismissed when they speak up.

With stories of personal care negligence on the rise, it’s normal to feel hesitant when seeking a place to mind our loved ones. Make sure to ask these questions when considering a hospice, nursing or residential care home for the disabled or elderly:

Ask for Recommendations. Don’t settle for the first positive review you hear. If you’re not familiar with the organizations, ask healthcare providers, friends and family members to suggest specific housing options. Get more than one source to endorse their propositions.

Do Your Research. Nursing homes and assisted living facilities routinely undergo inspections. Browse amongst online resources to check the scores and inquire about specific circumstances surrounding violations and fines.

Speak with Leadership. After narrowing your list of housing options, you should confirm that the facility administrator is appropriately licensed. Are staff members background checked? Ask management if they provide training for both staff and residents to identify and challenge instances of abuse. What is the internal chain of reaction if these situations arise?

Request Resources. What resources are available to residents? Do they have access to a social worker, counselor or programs of support? What opportunities are provided for social activities? What options are offered for physical activity? Do residents have access to spend time outdoors? Depending on location, would they want to spend time outdoors? These questions are critical to assure that your loved one feels stimulated in their new residence.

Visit the facility. Is it overcrowded? Are public areas and rooms clean? How comfortable are the living areas? Always trust your first impressions.

Observe Interactions. How much independence do nurses and aides grant residents? Take note of interactions between staff and residents. What can you decipher about interactions amongst staff and management?

Keep Checking In. After settling in, check in on the resident and visit as often as you can. Remaining involved and aware of normalcies helps pinpoint potential problems later.

It’s impossible to control the actions of others, but we can be proactive and explicit in our expectations. These tips can help avert instances of long-term abuse. Has your loved one been hurt, mistreated or stripped of their dignity through abuse or financial exploitation? If you have observed reason to suspect anything, you must seek justice and act quickly. Call McAleer Law Firm at 404-MCALEER. That’s 404.622.5337.

Jump Clear of Trampoline Injury

Summer is officially in full swing, and many caretakers will soon find themselves overwhelmed with the demands of entertaining restless and anxious schoolchildren. Some may resort to visiting the local trampoline park, where visitors are encouraged to jump, slide, and climb as they race to complete fitness tests and obstacle courses. Georgians will soon have eight to choose from.

Trampoline parks have sprung up across the country in recent years, and to date, remain largely unregulated with little to no standard for inspections and liability coverage. Whether you decide to visit one of these parks or host a trampoline party at your home, it is important to remember potential risk of trampolines if not properly maintained and managed.

For more than a decade, the American Academy of Pediatrics has recommended against the use of trampolines at home or on outdoor playgrounds. Unsupervised or incorrect usage can result in a number of serious injuries. Additionally, a recent study from the Indiana University School of Medicine finds that accidents on private trampolines accounted for nearly one million emergency room visits in just ten years.

Fortunately, you can reduce the likelihood of a trampoline-related injury by taking a few simple steps.

1. Never leave jumpers unsupervised. If you are at a facility and need to step away for a moment, find an employee who can lend a watching eye. While at home, have the children take a break from the trampoline until you can return to the area.
2. Only one person at a time. In most cases, safety experts recommend sticking to the one-person per trampoline at a time rule to avoid unnecessary injury. Those younger than six years old should never use a full-sized trampoline.
3. Factors matter if the one-person rule is broken. Take into consideration the age, weight, and size of jumpers to determine if more than one-person can enjoy the trampoline at the same time.
4. Regularly check the equipment. Ensure that all equipment is well maintained, rust-free, and that no metal exposures exist. Do not use trampolines without shock absorbing pads.

If something looks suspicious, speak up! You could prevent an injury just by bringing your concerns to the employees or management of a facility.

If you signed a waiver of liability and your child was injured at a trampoline park, you may still be eligible for compensation. McAleer Law is available to discuss your problem and can advise you on next steps. Give us a call at 404-MCALEER. That’s 404.622.5337.

Even You Can Prevent Fire Catastrophes

Despite the season or temperature, many in the South enjoy time spent outdoors, especially for grilling and camping. And as summer quickly approaches, the number of people engaging in fire-related activities will increase. Unfortunately, many will initiate such hoopla unschooled in fire safety guidelines.

Grills and campfires are the two most common sources of fire-related injury and property damage. Grills are fueled by propane or liquid petroleum, while campfires usually burn with wood or coal. In both instances, the fires created can lead to expensive property damage and disfiguring injury if not carefully constructed, maintained, and extinguished.

Summer staples like spray-on sunscreen and bug spray are also highly flammable, which can compound the risk of injury by fire.

Overlooking safety precautions in the use of fire for summer activities can put your family, neighbors, and environment at risk for trauma. Thankfully, we’ve collected our SEARING tips to protect you from a possible fire catastrophe.

• Secure clothing and hair away from heat source. Prevent the fire from spreading to your person by pulling back long sleeves and hair. In the event that a fire does catch, follow the saying, “Stop, Drop, and Roll.”
• Enclose fires and grills away from people and property. Fires can easily jump from one location to another in a gust of the wind, so keep them a safe distance away from your family, home, car, trees, and shrubs to avoid injury or damage.
• Allow campfires to burn out completely. You can accelerate the process by pouring water or dirt onto the fire while stirring the embers. Make sure that the fire’s location is wet and cold before leaving.
• Remove propane tanks from your car immediately after travel. Leaving a tank inside your car could result in devastating consequences, especially if an accident occurs while the tank is in transport.
• Indoor grilling is a big no-no. Although it may seem like an obvious mistake, many people grill indoors, forgetting the high risk of fire and carbon monoxide poisoning.
• Never pour water onto a grease fire. Water will only allow the fire to spread, and quickly. Baking soda, salt, and fire extinguishers are the best options for this type of fire.
• Gasoline is not a good idea! Although it may be the fastest way to get the fire burning, gasoline fires quickly lose control and can spread to people or vegetation instantly.

Have you or a loved one sustained burn injuries due to the negligence of another in basic fire safety guidelines? Don’t hesitate to contact an experienced personal injury lawyer. The knowledgeable professionals at McAleer Law can help defend your case and seek damages you are owed. Please contact us at 404.622.5337 or visit McAleerLaw.com to schedule you consultation today.

Can I File a Lawsuit for a Wrongful Death?

If you have recently lost a loved one as a result of a third party’s actions, you may be considering your legal options. Before you go through the troubles of filing a lawsuit, it’s important to determine whether you have a case and whether you have the opportunity of winning compensation for the damages you have suffered. In the long run, evaluating your situation before moving forward with a suit will save you time, money, and further grievances. So before filing, ask yourself the following questions:

 

Did the death of a human being occur as a result of a “wrongful act” by another person?

A “wrongful act” by another person can mean any of the following:

• Negligence (such as a pharmaceutical error)
• An intentional attack such as assault and/or battery
• Vehicular manslaughter
• Manslaughter or murder

What is my connection to the deceased?

Who is able to sue in a wrongful death suit varies by state, but generally it is limited to children, spouses, and family members. Even then, there are limits. Some states only allow a child to sue for the wrongful death of their parent if the child is a minor. Depending on the state, a spouse may not be able to sue for the death of their deceased husband or wife if they failed to provide support.

In some cases, even those who were not blood related to the victim may file suit. This would include anyone who suffered financially as a result of the victim’s death by losing care or support.

What damages have you suffered as a result of your loved one’s death?

In order to win compensation in court, you must demonstrate that you suffered significantly as a result of your loved one’s death. In some cases, you will be compensated for the loss of the companionship of your loved one, as well as the loss of financial support you would have received from them during your lifetime. For example, a child may seek compensation for both the loss of companionship and the loss of financial support from a deceased parent. On the other hand, however, a parent can only seek compensation for the loss of companionship if their child dies, as they would not be able to demonstrate that their child provided them with any financial support.

Who can be sued for wrongful death?

The party responsible for the victim’s death is whom you want to bring the case against. Depending on how the victim died, the responsible party will vary. It could be a drunk driver, a pesticide manufacturer, a medical practitioner, a government authority, or any number of responsible persons. It all depends on the individual circumstances.

 

Hopefully, by answering these questions, you now have a better idea about whether you can file a wrongful death lawsuit and seek compensation. If you are unsure about any of the questions, or believe you do have a case and are seeking legal counsel, contact the McAleer Law team at 404-MCALEER.

When Asbestos Attacks, who’s to Blame?

You’ve probably heard the word asbestos in regards to the recent outpour of lawsuits filed over the harmful substance. Though asbestos is restricted in most areas now, its durability and resistance to heat and fire was once very attractive to builders and manufacturers who weren’t yet aware of the harmful and potentially deadly consequences of breathing in the substance. Over time, prolonged exposure to asbestos can result in serious illnesses, like mesothelioma, a cancer that invades the lungs and other organs. Now that we are aware of the risks associated with asbestos exposure, affected individuals are seeking compensation. So where do you start when filing a suit related to asbestos inhalation?

Breathing just a little asbestos each day can lead to serious health hazards over an extended period of time. Most cases of asbestos related illnesses occur in the workplace, especially those related to construction and building. But even worker’s family members and roommates can be vulnerable to asbestos related illnesses as well. This may happen if the worker comes home in clothes dusted with asbestos, and the roommates or family members breathe in the substance. It doesn’t take much to be affected.

The Environmental Protection Agency and the Occupational Safety and Health Administration protect individuals who are exposed to asbestos at the workplace. As for those individuals who aren’t covered by those standards, and who have been exposed to asbestos through a product, the liability for asbestos-related illnesses typically falls under product liability law. These cases are based on strict liability, negligence, or breach of warranty.

If you or a loved one is affected by asbestos-related illnesses, you can and should seek compensation. Charles McAleer and his team of trusted lawyers at McAleer can help you seek justice.