Personal Injury - Atlanta, Georgia Defective Products and Premises Liability Attorneys

Any time you or a loved one is injured, the healing process can be emotionally and financially stressful. The feeling of being overwhelmed is magnified when you know that your injury was caused by the negligent actions of a third party. When injury, illness, or death is the result of someone else’s mistakes or negligence, it may be in your best interest to pursue a personal injury lawsuit in the Atlanta courts. Whether your case involves defective products, premises liability, or other form of personal injury, the attorneys of Johnson & Benjamin, LLP can use their extensive knowledge and experience to help you fight for justice.

• Personal Injury Defined
• Premises Liability
• Slip and Fall
• Animal Attacks
• Aviation Accidents
• Defective Products
• Medical Malpractice
• Wrongful Death

Personal Injury Defined

Also called a tort, a personal injury lawsuit can be brought against an individual or company when that party causes physical, emotional, or property damages to another person. The purpose of filing a personal injury case is to recover compensation to pay for medical bills, property repair, emotional damages, or loss of income. In some cases you may be able to seek punitive damages, which consist of a large fine intended to punish the responsible party for its negligent actions.

There are three types of personal injury cases brought to our Atlanta lawyers:

• Negligence – This is what people most often think of when they hear the term “personal injury.” Including such situations as premises liability, animal attacks, and most instances of medical malpractice, negligent personal injury cases result when a person or company fails to take the appropriate actions to protect people using their property or products.
• Strict liability – This term is most often applied to defective products that injure the user even when they are used correctly. Our Atlanta defective products attorneys maintain that products should be safe to use as directed and that a manufacturer who puts out an unsafe item should be held responsible whether or not they knew about the defect.
• Intentional wrong – This type of personal injury usually occurs in conjunction with one of the other two types. It occurs when someone is injured due to the deliberate actions of another, such as during a physical attack or fight. If a court finds a party guilty of intentional wrong, it may be possible for the victim to file a civil lawsuit in addition to the criminal lawsuit.

Personal injury statutes in Atlanta, Georgia, require attorneys to prove several facts during a trial. First, they must show that the individual or party who is being charged has the legal responsibility to prevent injury. In the case of premises liability, this would mean that a restaurant owner is required to keep all pathways clear and dry to avoid slip-and-fall accidents. The second requirement for a personal injury case is that your injury was directly caused by the actions or negligence of the responsible party. Laws vary greatly based on circumstance; if you are unsure whether your situation qualifies under Atlanta or Georgia law, contact the personal injury and wrongful death attorneys of Johnson & Benjamin, LLP today.

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Premises Liability

Premises liability refers to the laws that make property owners liable for injuries sustained on their property. It is the responsibility of every property owner, both public and private, to ensure that the premises are safe for anyone walking through the area.

Slip-and-fall Accidents

In Atlanta, our premises liability lawyers commonly receive reports of slip-and-fall type accidents. Often, these accidents occur due to the negligent placement of foreign objects or the lack of reasonable upkeep to the property. Hazardous conditions such as wet tile floors, wrinkled carpet, poor lighting, or foreign objects such as boxes are all possible causes of slip-and-fall injuries.

If you believe that your injury was caused by negligence on the part of a property owner in or near Atlanta, there are several questions that our premises liability lawyers must consider before determining the validity of your case and its chances of success:

• Was the property owner aware of the unsafe condition?
• Were any steps taken to correct the condition?
• Was the victim legally on the premises?
• Would a reasonable person have been able to avoid the unsafe condition?

To determine the answers to these questions, our attorneys can conduct extensive research that will include photos, measurements, and witness accounts of the property on which you were injured. If you or a loved one has been caused harm by poorly maintained property in Atlanta or elsewhere in Georgia, contact the premises liability lawyers of Johnson & Benjamin, LLP for a free consultation.

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Animal Attacks

The great majority of family pets are loving and gentle animals. However, if a pet owner does not exercise a reasonable amount of restraint with his or her pet, the animal may attack and injure someone. In cases of domestic animal attacks such as dog bites, the Atlanta premises liability lawyers can help victims to receive compensation for medical bills, injuries, and emotional suffering caused by the attack.

When considering an animal attack case, our attorneys will research every aspect of the case, including whether the owner was aware of the animal’s propensity to bite and whether appropriate precautions were taken to restrain the animal.

If you or a loved one has suffered personal injury due to another person’s pet in the Atlanta area, contact our personal injury attorneys today.

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Defective Products

Unsafe products and dangerous drugs are responsible for an alarming number of injuries and illnesses every year in Atlanta and the rest of the country. The defective products attorneys of Johnson & Benjamin, LLP believe that manufacturers and distributors have a responsibility to provide safe and effective products. Additionally, we believe that they must describe all risks associated with their products and provide complete instructions regarding product use.

Defective products may cause injury for a number of reasons; the manufacturer may have failed to properly test the product’s safety, included inadequate instructions and warnings, or falsely advertised the product’s capabilities.

In the case of defective drugs, the company manufacturing the drug may not have completed sufficient research to determine any dangerous side effects. Recently, drug companies have been found liable for advertising their drug for use in conditions not approved by the FDA. If a patient is prescribed a drug based on this faulty information, serious illness or even death might occur.

If you have been injured due to the negligence of a product manufacturer or distributor and you live in or near Atlanta, the defective products attorneys of Johnson & Benjamin, LLP can help you to make sense of what can be an overwhelmingly confusing experience. We can determine the responsibilities of the manufacturer, as well as whether your injuries could have been avoided if the manufacturer had taken appropriate steps.

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Medical Malpractice

When you and your family visit the doctor or go to the hospital for emergency treatment, you have a right to expect that the medical professionals treating you will be well trained and take the appropriate steps to provide you with care. Unfortunately, as the health care industry becomes strained with more patients and fewer doctors and nurses, negligent actions are more likely to cause serious personal injury, illness, or death.

Medical malpractice and negligence are responsible for a number of injuries, including:

• Birth injury, such as cerebral palsy or brachial plexus palsy
• Surgical mistakes, such as amputating the wrong limb or administering anesthesia incorrectly
• Hospital negligence, such as an inaccurate note on a medical chart that results in improper drug administration
• Misdiagnosis or failure to diagnose diseases such as cancer

Not all injuries sustained in a hospital setting are the direct result of medical malpractice; however, mistakes occur far more often in the United States than they should. If you or a family member has been harmed by a doctor’s or hospital’s mistake, you could recover your financial losses and be compensated for your emotional suffering. Contact the Atlanta attorneys of Johnson & Benjamin, LLP today for your free initial consultation.

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Wrongful Death

The death of a loved one is often devastating, both financially and emotionally. Even more difficult is when a person or company causes a death through harmful or negligent actions. In cases like this, the victim’s family may be eligible to file a wrongful death lawsuit. Damages recovered from a wrongful death case may include the value of the life of the deceased, medical and funeral expenses of the deceased, compensation for the loss of income caused by the death, and compensation for loss of companionship.

Some of the most common causes of wrongful death in Atlanta include motor vehicle accidents, aviation accidents, defective drugs and products, as well as premises liability issues. Our Georgia attorneys have years of expertise in these and other causes of wrongful death, and will be able to represent your family with compassion and resolve. To find out whether your case might be successful, visit our office or contact Johnson & Benjamin, LLP by email to schedule your consultation.

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