Georgia Injury Lawyer Blog

Toyota lawsuits and Toyota lawyers seem to have been the constant theme of the past year in Toyota news. Unfortunately, it doesn't seem Toyota consumers can catch a break. After a wave of Toyota acceleration problems leading to injuries and lawsuits, the latest news is that Toyota is having a new recall for engine defects in their Toyota Corolla sedans and Matrix hatchbacks.

Toyota recalled 1.33 million of these vehicles in the U.S. and Canada yesterday because their engines may stall, the latest problems at the Japanese auto manufacturer.The recall covers 2005-2008 years sold in Canada and the U.S. Toyota has now recalled more than 10 million vehicles worldwide for problems that run from floor mats, faulty gas pedals, and more. Separately, General Motors Co. also conducting a recall on 200,000 Pontiac Vibes due to a similar problem.

Fortunately, both automakers will replace the problem parts at no charge and will mail notifications to owners in mid September. This same problem was caused by a possible defect in an engine control module manufactured by Delphi Corp, a auto parts supplier in Michigan.

The National Highway Traffic Safety Administration has been investigating the possibility of engine stalling in the Corolla and Matrix vehicles since last year and now with this latest news of recalls, reported that it has stepped up its investigation. If you or a loved one has been seriously injured due to a Toyota or other auto defect or malfunction, Georgia law entitles you to compensation for your injuries.

In Georgia, Toyota manufacturers would be held strictly liable in products liability torts action. Georgia lawmakers did this in order to protect the consumer by shifting the burden of the loss to the wrongdoer, i.e. the manufacturer of the defective product that caused the injuries. The essential elements of this tort action are: first, the manufacture of the product (Toyota manufactured the cars); second, a defective product (the vehicles are in fact defective hence the recalls); third, an injury to a natural person proximately caused by the defect (multiple Toyota owners suffered injuries due to this defect); fourth, a sale of the product as a new product (Toyota dealers sold these new vehicles off their dealership lots); and fifth, the existence of the defect at the time the product left the manufacturer's control (the defect was present when Toyota sold the car to consumers.)

Continue reading "Toyota Lawsuits, Toyota Acceleration, Toyota Injuries, Toyota Wrongful Deaths.... Now More Toyota Recalls!" »

Bed bug lawyers filing bed bug lawsuits in Georgia are becoming more frequent as terrible bed bug epidemics spread throughout the country infiltrating hotels and other public establishments. Victims of bed bug injuries are often very traumatized due to not only the physical injuries but the psychological fear of the very serious possibility of taking the bed bug infestation back to one's home.

If you have been a victim of bed bug bites at a hotel or inn, it is important to do the following:

1. Immediately report the incident to management and ask for a copy of the report if possible.

2. Immediately see a physician as soon as possible to obtain proper treatment. This is important for two primary reasons:

**** First it is absolutely essential to receive necessary medication to insure that the bugs do not spread (in the event it is scabies) and that your bites are treated to avoid painful symptoms and possible infection. The terrible itching and scratching bed bug bites cause can also lead to scarring. Particularly for our African American clients, these scars can be extremely devastating as the skin can keloid.

**** Second, if there is a "gap in treatment" (time between your injury and you seeing a doctor), insurance companies can become more unwilling to pay for your injuries. Thus it is important to fit in an emergency appointment to see your doctor to obtain treatment as soon as the injuries occur.

3. In the event of scabies (also a type of bug that can be transmitted from hotel beds), these bugs will hatch under your skin and lay their eggs. The only way to kill them is to cover your skin from head to toe with a prescription medication, to wash all linens (towels, sheets, and blankets) and dry them on the hottest cycle, and to bag all remaining clothes for 14 days. Sometimes bedbug bites can become infected or worse, spread if the bugs hatch their eggs in your belongings and follow you home.

4. Since bed bugs and scabies can follow you home consider carefully disposing property such as suitcases or other nonessential clothing items that you brought with you into the hotel in order to insure the bugs do not transfer to your house. If this is not an option, bag all items tightly in ziploc or trash bags for 14 days so that when the eggs hatch, they eventually die from lack of oxygen.

5. Take photographs of your bites. Make sure you use a good camera with proper lighting to carefully document your injuries.

What does the Law in Georgia Say About The Duty Of Hotels?

*****The duty of an innkeeper is well settled in Georgia as the duty to exercise ordinary care to afford guests premises that are reasonably safe for use and occupancy." Hotel Richmond, Inc. v. Wilkinson, 73 Ga. App. 36, 41 (35 SE2d 536); Holloman v. Henry Grady Hotel Co., 42 Ga. App. 347 (156 SE 275); Newton v. Candace, Inc., 94 Ga. App. 385 (2) (94 SE2d 739); S. A. Lynch Corp. v. Greene, 99 Ga. App. 797, 799 (109 SE2d 615); Hotel Dempsey Co. v. Teel, 128 F. 2d 673 (5th Cir.).

*****The question of a violation of the duty to exercise ordinary care to afford [guests] premises that are reasonably safe for use and occupancy, "which is the duty an innkeeper owes his guests, is a question of negligence and this court is bound by the rule that such matters are for the jury. . "Johnson v. John Deere Plow Co., 214 Ga. 645, 647 (106 SE2d 901) Hillinghorst v. Heart of Atlanta Motel, 104 Ga. App. 731, 1961 Ga. App. LEXIS 784 (Ga. Ct. App., October 4, 1961, Decided )

***** Furthermore, the innkeeper has a duty to inspect and is liable for such injuries caused by defects as would be disclosed by a reasonable inspection. Johnson v. John Deere Plow Co., 214 Ga. 645, 647 (106 SE2d 901) Hillinghorst v. Heart of Atlanta Motel, 104 Ga. App. 731, 1961 Ga. App. LEXIS 784 (Ga. Ct. App., October 4, 1961, Decided ).

Because a massive infestation present in a hotel room can be disclosed if there is a reasonable inspection by hotel staff, Georgia law finds hotels liable for bedbug injuries to their hotel guests.

If you are going through such a terrible experience, don't panic: Follow the above advice and you are welcome to contact us for legal consultation at 404-654-0288.

Good Georgia Truck Accident Lawyers praised the recent U.S. Transportation Secretary's announcement that 109 commercial truck and bus drivers were removed from public roadways as a result of the Federal Motor Carrier Safety Administration's annual alcohol and drug sweep this summer.

Said US Transportation Secretary Ray LaHood: "If you are a commercial driver or carrier operating in violation of federal drug and alcohol laws, we will remove you from our roadways." Additionally, he stated: "Parents deserve to know their children are being driven by bus drivers who are drug and alcohol free, and every motorist deserves to feel confident that the drivers of large trucks and buses are safe and sober."

The sweep was done by an investigation into the alcohol and drug safety records of all truck and other commercial drivers employed by bus and truck companies including hazardous material transporters, school bus drivers, interstate passenger carriers and general freight truck drivers.

The goals was to identify those offenders in violation of drug and alcohol testing and remove them from the road. The terrifying fact is that there are truck drivers who move from company to company just to evade the federal drug and alcohol testing and reporting requirements.

The Federal Motor Carrier Safety Administration warned that they are committed to ensuring that only safe truck drivers are allowed to operate. Unfortunately, there are truck drivers all over the country who have violated federal laws wreak havoc on public safety. Families all over Georgia have lost loved ones and been seriously injured due to the terrible negligence and criminal acts of truck drivers who recklessly take to the roads putting Georgians at risk.

If you know of someone who has suffered due to a truck driver's negligent acts, Williams Oinonen LLC is committed to bringing justice to Georgians who have been injured due to truck driver negligence. Please call us today to discuss how we aggressively fight the trucking companies who break laws and negligently allow dangerous truck drivers on the road risking the lives of our loved ones.

Continue reading "Georgia Truck Accident Lawyers Praise Crack Down on Truck Drivers Who Purposely Evade Drug and Alcohol Testing: Georgia Trucking Accidents Part Four " »

Georgia Truck Accident Lawyers help you when your loved one has been injured or killed due to a trucking accident. One of the biggest reasons people die from horrible truck accidents is due to "driver fatigue"---because the truck driver has been driving for hours on little sleep. Unfortunately, truck drivers by law are allowed to drive up to 11 hours per day which for those of us who have driven that long, know that it can be exhausting and very difficult to do it for long periods of time.

Just last month, the Federal Motor Carrier Safety Administration submitted an important proposal for the new proposed truck driver hours of service rule. The details are unknown, but it is believed that the new laws will shorten the number of hours truckers are permitted to drive each day.

The trucking industry of course is concerned about losing money and is urging that the current 11 hour rule per day is allowed but public safety groups and consumer advocates are pushing for an eight hour day requirement.

What most Americans are not aware of is that often times, truck drivers are breaking the rules that protect the public and going over the mandated 11 hour maximum. Many times, tragic accidents that have caused innocent families to lose loved ones have happened due to truck drivers who have pushed themselves past the brink of exhaustion and driven more hours then allowed or humanly possible to do so safely. Oftentimes, in order to push themselves to meet deadlines with their thousand ton loads, truck drivers will take dangerous caffeine supplements and energy drinks which has a "crashing" effect later on. Sadly, these truck drivers end up literally "crashing" into other drivers on the roads and freeways. This type of criminally negligent behavior is often ignored by the big trucking companies who turn a blind eye to this behavior. However, it is the public safety that ends up paying the cost.

Hopefully, the new Federal Motor Carrier Safety Administration proposed rules for truck drivers will put public safety before the profits and pocketbooks of big trucking companies. No life is worth losing due to a company's greed and recklessness that encourages their employees to engage in such dangerous practices.

Good Georgia truck accident lawyers are essential to protecting your rights in a trucking accident where someone has been seriously injured or killed. In most personal injury trials in Georgia, mentioning the word "insurance" is the quickest way to a mistrial. This is unfortunate, because sometimes the jury doesn't realize that the injured party is going after a big insurance company that is refusing to pay them and not really going after the negligent driver who may or may not have a lot of money in his bank account. Sadly, this can prejudice the jury into not awarding the injured party the real value of the case.

However, in trucking injury cases this rule changes. The beauty about trucking cases is that it is the one area of law where an injured party is able to not only mention the insurance company but actually sue the insurance company. The Georgia Supreme Court in the case of Grissom v Gleason, 262 Ga. 374 375 (1992), ruled that this Direct Action Statute does not unfairly prejudice the defendants by notifying the jury that insurance is available.

Thus, the Direct Action Statute, which falls under O.C.G.A. §46-7-12, allows injured parties in an accident with a motor carrier (such as a tractor trailer truck carrying passengers or loads) to not only mention the word "insurance" but to actually sue the insurance company as a party to the lawsuit.

This is beneficial because the jury then understands that you are not really going after the pockets of some truck driver who was negligent, but the insurance company who will be held liable for payment of his wrongful acts.

Moreover, the statute not only covers tractor trailers but also any vehicle, tractor, machine, semitrailer or trailer drawn or propelled by mechanical power that transports goods for hire on the roads in Georgia. Thus, the statute generally applies to vehicles hired to carry passengers and property on public highways of Georgia, although there are exceptions which we will cover in another post.

To conclude, although mentioning insurance is generally not allowed in most injury cases, the Direct Action Statute allows the plaintiff to go after the insurance company directly by joining the insurer as a named defendant to the lawsuit. In order to do this, the defendant truck driver must meet the definition of a motor carrier and cannot fall within the statute's narrow exceptions. The Direct Action statute is one of the few times insurance is allowed to be mentioned in a civil case, and it is one of the best ways that the Georgia lawmakers saw fit to protect innocent drivers from drivers who operate dangerous vehicles or drive negligently on Georgia roads.

Good Georgia Truck Accident Lawyers can help you during a terrible truck accident. "How can I sue the truck driver and trucking company that killed or injured my loved one?" is question that none of us ever want to be faced with. It you are ever in that terrible predicament, is absolutely essential that you retain the services of a good Georgia lawyer immediately for one main reason: Trucking companies, similar to railroad companies are notorious for underhanded tactics when it comes to hiding the evidence in a trucking collision that has caused fatalities or serious injuries. Thus, it is essential that you have a good, trustworthy, competent attorney working on your side to fight against these tricks .

One of the first things a good Georgia lawyer will do in a situation involving trucking deaths and injuries will be to immediately send out spoiliation letters to preserve the evidence. For example, attorneys need to immediately request data from on-board recording devices, including ECM (electronic control module), any computer on board, or other recording device that was on the day of the accident and prior.

The "black boxes" are essential to help victims in their truck accident cases because the data is often able to provide evidence as to what actually was the causing factor in the collision. For example, "black boxes" often can be compared to the driver's personal log to see if the truck drivers actual driving time doesn't match up with what was actually recorded in the computer data.

If an attorney is not promptly hired on the scene, it is often the case that the trucking company will allow both the tractor trailer and the ECM black box to be destroyed.

Continue reading "Good Georgia Truck Accident Lawyer, How Can I Sue The Truck Driver That Killed My Family? Georgia Trucking Accidents Part One" »

Who provides the best opponent research for candidates entrenched in nail biting campaigns during this busy election season?

Williams Oinonen LLC is proud to be establishing a powerhouse reputation for going above and beyond. Rather than just providing you with cold data from public records, Williams Oinonen LLC puts together a plan on how to win.

What does one Senator, a highly satisfied client most recently say about us?

"Hands down, Williams Oinonen is the best out there. They played a vital role in ensuring a landslide victory. From offering priceless opponent research, to developing key strategies, to providing media and political advice----they are a tenacious and unstoppable pair and are the one "must have" you want on your team. Ethical, honest, and committed, they were always there for me when I needed them. If you are looking to win---call Williams Oinonen."

We synthesize the information: identify the competitor's key vulnerabilities and develop strategies to defeat the opposition by using strategic communications development, media message creation, and delivery. Williams Oinonen LLC is adept at creative use of all new media and understand the art of image marketing for both you and your opponent.

But most importantly, we do what we do best: getting you a win.

Should I start an S corporation, or a limited liability company (LLC), or maybe a P.C., or maybe a limited partnership, or what about a C corporation? These are tough questions, tough choices. And regardless of where you're located in Georgia (Atlanta, Athens, Rome, and so forth), If you are starting a business, one of the most important decisions you will make is what kind of company to form. Even for a single person small businesses, this is an important question. The type of legal structure you choose will have an impact on how much you pay in taxes, as well as your personal liability, and your ability to raise money and investors.

The three key things to keep in mind when choosing a business form are: liability, taxation, and ownership. Corporations and LLCs are legally separate entities from their owners. So, the shareholders or members are not personally responsible for the actions of the business. If something goes wrong, the company is sued, not the owners, and the company's assets are at stake, not the personal assets of the owners. There are exceptions, but, generally, a corporate entity will protect the owners from personal liability.

Taxation issues should also be considered. As a separate legal entity, corporations are taxed as such. And so are the owners. This is double taxation. There are other forms of corporate entities, however, that have special pass-through tax rules. Pass- through taxation means that the owners of the business can take the gains or losses of the business on their personal tax returns.

Additionally, certain legal business forms limit the number or the type of people who can invest in the company. If you need to attract a large number of investors, or international investors, you need to find a corporate structure that allows for that.

The legal structures to consider are:

Sole Proprietorship or Partnership

The advantages of both of these forms is that there are no forms to file and no double taxation. You just start your business. These two forms, however, do not shield the owners from personal liability. If the company is sued, you will be personally responsible for its actions, and your personal assets are at risk.

Limited Liability Company

The LLC is a legal form which provides limited liability for the company's owners, but does not require the same amount of formal filings as does the corporation. It has quickly become the choice for small businesses. An LLC offers personal liability protection to its owners as well as pass through taxation. It also allows for profits to be distributed unequally, allowing for more flexibility in tax planning and for rewarding owners who manage the day-to-day affairs of the company. The disadvantages are that you may are limited in transferring ownership and your tax liability could be higher, especially if you are the only member.

S Corporation

This is a corporation formed with the state, with an "S Election" filed with the IRS. It provides limited liability to its shareholders, but still allows for pass through taxation. Shares a often more transferable, and you can incentivize employees with stock options or bonuses. The number and type of investors are limited, however, and there are more filing formalities that need to be observed than with an LLC.

C Corporation

This is a corporation that allows for the most investors. There is limited liability for its owners. It is, however, subject to double taxation.

While many small businesses are interested in saving money and using online forms to form legal entities, it is important to discuss your goals with your attorney before selecting a corporate form. An attorney can help you choose the right form to fit your business today and ten years from now.

Continue reading "Georgia Corporation And Business Law: What Kind Of Business Should You Form?" »

"Can I sue for a broken contract?" is a question many people asking when they need a good Georgia contract lawyer. Many times during contract disputes, clients often feel that "even though a particular obligation is not written within their contract with another person or entity, it's common sense that that person or entity breached the contract by not performing a certain service, or acting a certain way." Depending on what service, or what conduct, the client is referring to, he or she may have a point.

Over the years, Georgia courts have established that certain implied terms and duties may naturally flow from a contractual agreement, even if those implied terms and duties were not expressly written within the contract.

One of those implied duties is the duty of good faith and fair dealing, as Georgia courts have found: "[g]ood faith is, if anything, a minimum standard of conduct in any contract." The term good faith has been found to mean "a shorthand way of saying substantial compliance with the spirit, and not merely the letter, of the contract." That means that contrary to what many feel, the implied duty of good faith and fair dealing relates to the performance of a contract and not to the conduct that induced a person to enter into a contract. (Although if you were tricked into signing a contract you may have a claim against the person for fraud, amongst other claims.)

In addition, what's important to understand about the implied duty of good faith and fair dealing is that determining what conduct constitutes good faith and fair dealing will depend on the facts of your case. You should also be mindful that an implied duty such as that of good faith and fair dealing cannot contradict an express term of a contract, and must be an "inference absolutely necessary to ensure that the intentions of the parties regarding the contract is respected." In Georgia, this standard is not an easy one to meet and is strongly fact driven with respect to the language of the contract and the circumstances upon which the contract was entered.

Georgia Courts have been able to use the implied duty of good faith and fair dealing to find terms that were not expressed in the parties agreement in order to cure defects in contracts. This may or may not be advantageous to you, depending on your conduct.

What is certainly advantageous to you, however, is finding a good lawyer to deal with your contract dispute and issues.

Continue reading "Georgia Contract Law: Understanding Bad Faith Conduct, Broken Contracts, and Business Disputes" »

Heart attack due to Avandia? The latest news about Avandia: several FDA reviewers are now publicly stating that they believe Avandia should be pulled from stores due to "serious" risk of cardiovascular failure the diabetes drug causes.

On July 13 and 14 a group of experts in medicine will recommend whether Avandia should be pulled from the market altogether. While the FDA does not have to follow these recommendations of advising committees, it usually does. And, it will be the second time a panel to advise was assigned the job to guide the FDA on what to decide about Avandia. In 2007, experts ruled that Avandia increased congestive heart failure, cardiovascular risk, but stated the benefits outweighed the risks. FDA reviewers condemned the rationale in the decision stating no benefits were ever clarified.

Further more, FDA reviewers criticize the drug maker, GlaxoSmithKline of manipulating data, and reported their "extreme mishandling of events" claiming their trial was "unethical and exploitative,"

A spokesperson for the drug company GlaxoSmithKline said the company stands behind the safety and efficacy of Avandia.

The important thing to know about the law is that if a person is injured due to a drug, the drug manufacturer could still be liable despite having been approved for use with the FDA. This is thanks in part to the 2008 United States Supreme Court groundbreaking case, Wyeth v. Levine, and held that Federal regulatory approval of a medication does not shield the manufacturer from liability under state law. Wyeth v. Levine 129 S. Ct. 1187 (2008).

Under Georgia State law, a drug manufacture like GlaxoSmithKline may be liable reasonably foreseeable dangers in the use of the drug Avandia.

Continue reading "Heart Attack Due To Avandia? Lawsuit, Good Avandia Lawyer Needed" »

Patients prescribed Reglan or its generic version, Metoclopramide can develop a serious condition known as Tardive Dyskinesia. Reglan is often prescribed for acid reflux disease, for pregant women with morning sickness, for those who become nauseous with migraines, and for breastfeeding mothers and children.

The FDA has issued an alert warning against chronic use of this type of drug and issued a boxed warning. The side effects of tardive dyskinesia are characterized by generally irreversible symptoms that include random movements in the mouth and face, arms, legs, fingers and toes along with swaying body movements.

In order to determine if you have a case against a drug manufacturer due to the use of Reglan or Metoclopramide, you need to have met the following three conditions:

1. You took Reglan or Metoclopramide longer than 90 days.

2. You have been diagnosed with Tardive Dyskinesia or other movement disorder.

3. You have been off the drug for longer than 90 days.

Conservative estimates state that more than two million people use products containing metoclopramide in the U.S. alone. The FDA has reported that use of drug products such as Reglan or those containing metoclopramide is the most common cause of these induced movement disorders. If you are one of the many Americans who have been injured from use of this drug, it is important that you seek legal advice to protect your rights.

Continue reading "Reglan Metoclopramide Drug Causing Tardive Dyskinesia? Need Good Reglan Lawyer in Georgia " »

If you have been diagnosed with a liver transplant or liver failure due to taking Tylenol, it is absolutely essential that you meet with an attorney to discuss your legal rights. Here are some of the most important conditions:

1. You have been actually diagnosed with liver failure or a liver transplant.

2. You had been taking either Tylenol or Acetaminophen (generic version of Tylenol) which caused the liver problem.

3. It can help your case if you still have the bottle, receipt, or remember the store you bought it from.

4. It can also help if you are able to tell your lawyer whether it was prescription or nonprescription.

If you took Tylenol or another pharmaceutical drug and it injured you instead of helping you get better, you may be able to bring a product liability claim. Drug companies have been notorious about putting profits over patient lives and unfortunately, the FDA, whose job is to regulate unsafe foods and drugs often finds the problem too late.

We represent real people who have been injured as a result of a variety of unsafe drugs, including but not limited to:

Tylenol
Reglan
Avandia
Yazmin
Paxil
Drugs that cause Stevens Johnson Syndrome

Defective drugs come in all types of packages and can cause serious injury including death. Products liability cases are filed by a person or person's family member who has suffered injury or death due to the negligence of a pharmaceutical company manufacturing or designing a dangerous drug. This is why strong consumer safety laws are so essential so that the public is protected from harm.

Continue reading "Tylenol Caused Liver Transplant, Liver Failure? Need Good Lawyer for Tylenol Injuries in Georgia" »

How do I get out of a contract? This is never an easy question. Many times we are asked: can I get out of (rescind) my contract? So today we would like to briefly discuss contract rescission is Georgia.

In Georgia, contract rescission has been held to be the complete abrogation (abolishment or cancellation) of a contract. The circumstances which allow parties to rescind a contract, generally, involve three (3) situations:

1. Both parties agree to rescind the contract, known as "mutual assent";

2. The contract is rescinded because of fraud; or

3. A party (you) may be allowed to rescind a contract because the opposite party failed to perform in accordance with the contract terms.

If you are able to rescind your contract, it will be rescinded "at law" or "in equity." Rescission "at law" applies to situations involving fraud, while rescission "in equity" involves the power of a court of equity to "undo" a contract.

We are often confronted with situations where a person wants to undo a contract because of fraud. If your claim is that someone fraudulently induced you to enter a contract, you have the option to either affirm the contract or sue in breach of contract. What is important for you to know is that in these types of cases Georgia courts require the defrauded party, you, to act with "promptness." That means:

1. When you discover that you have been defrauded, you must act promptly to "restore or offer to restore to the other party (the party that you allege defrauded you] whatever he has received by virtue of the contract if it is of any value"; and

2. Upon discovery of the facts--that you have been a victim of fraud--at once announce your purpose to rescind the contract, and adhere to it.

Again, once you discover that you have been defrauded and take the position that you do not want to adhere to the contract, you should not waiver from that position. If you do waiver, and your action is interpreted as "affirming" the contract, despite the fact that you are claiming fraud, you will significantly impair your ability to rescind the contract at a later point. Once you lose or waive your right to rescind a contract, you most likely will not be able to revive that right.

In addition, if you do not act promptly upon discovering the alleged fraudulent conduct, but instead proceed with fulfilling certain obligations of the contract, or act in a manner inconsistent with your previous repudiation of the contract, a Georgia court may find that complaining about fraud during litigation is: too late.

There are more issues involved in contract rescission, especially those involving claims of fraud. And the issues are complex. You need a good lawyer who understands the law and its nuances and how to apply that law to the facts of your case, in order to maximize your position both at trial and the negotiating table.

We recommend that you contact a good lawyer, immediately, once you realize or think you have been defrauded with respect to a contract.

Continue reading "Contract Law And Disputes In Georgia: How to Get Out of A Contract" »

As you know, people sign contracts everyday. Contracts solidify agreements between, friends, professionals, consumers, tenants and companies. That said, you may (or may not) be surprised to hear that the issue regarding the failure of one party to read a contract before signing it, comes up, frequently. Generally, the party that failed to read the contract has been a victim of fraud or mistake. So the question then becomes: does your failure to read a contract before signing it mean that you cannot recover because of fraud or mistake? The answer is not so easy, in Georgia.

Generally, Georgia law presumes that parties to a contract have read the contract before signing it. So when a party states that he or she failed to read a contract, Georgia courts first determine whether that person is literate or illiterate.

A literate person who fails to read a contract has a tough road, because he or she has to show:

(1) An emergency at the time of signing that would excuse the failure to read; or

(2) That the opposite party misled you by artifice or device (trickery) that prevented you from reading the contract; or

(3) That a fiduciary or confidential relationship existed between you and the opposite party upon which you relied in not reading the contract.

Be mindful that Georgia courts take this issue very seriously, so excuses such as "I was in a hurry," or "I was too busy," or "I forgot my reading glasses" will not suffice.

Moreover, even if you were able to prove that a confidential or fiduciary relationship existed (see number [3] above), you must show that you relied on that relationship in not reading the contract. That means: if a confidential relationship exist, but you failed to read the contract because you were in a hurry (not because of the confidential relationship), then you will most likely lose, before a court in Georgia. This all makes sense because whatever agreement you and another party deemed important enough to put in writing, should also be important enough to read before signing, at least in the opinion of Georgia courts, notwithstanding legal exceptions (see above).

Regarding an illiterate party, he or she may generally rely on the representations made by another party. However, to be safe, an illiterate person should have the contract read to him or her because, in Georgia, an illiterate party must exercise ordinary care in ascertaining the contents of a contract before signing it. This also applies to those parties who are unable to read English.

Ultimately, the facts of your case as they apply to Georgia law will strongly influence the outcome of your case. If you failed to read a contract and that failure has resulted in you being a victim of fraud or mistake, we suggest you contact a good lawyer.

Continue reading "Contract Law And Disputes In Georgia: Read Before You Sign" »

Unfortunately, recent studies and an FDA alert have shown that high flow intra-articular (post-operative) pain pumps may be the likely cause of sever cartilage damage and joint pain in the shoulder, and possible other joints too. The pain in the shoulder is medically known as postarthroscopic glenohumeral chrondrolysis (PAGCL), which is a debilitating condition that requires constant medical attention and, many times, surgery.

The FDA has spoken on this issue, mandating that pain pump manufactures warn patients and physicians about the potential debilitating effects of these pain pumps. In fact, the FDA sent notice to manufactures stating that "the FDA did not clear pain pump infusion devices using the anesthetics for "intra-articular" or joint surgery. The pumps are approved to be used after abdominal and other surgeries, such as hysterectomies."

If you are using a pain pump to regulate pain, due to surgery on your shoulder, back, knee or hip, you should consult your doctor immediately, especially if you are experiencing the following symptoms:

1. Decreased range of motion in your shoulder;
2. Popping in your shoulder;
3. Weakness in your shoulder; or
4. Continual pain in the shoulder area.

A manufacture's failure to warn about a foreseeable or reasonably foreseeable, negative effect may give rise to a legal claim against that manufacture. Product liability claims are complicated and typically, very protracted. You will need a very effective attorney, who knows how to maximize your position at the negotiating table and in the court room.

If you or someone you know has been injured by an intra-articular pain pump, or have been diagnosed with postarthroscopic glenohumeral chrondrolysis (PAGCL), call Williams Oinonen because you may have a claim against the pain pump's manufacture. We give a free initial consultation.

Continue reading "Pain Pumps: Cartilage And Joint Damage May Be Likely Associated With The Use Of Pain Pumps" »