Georgia Injury Lawyer Blog

How do you know if you have valid legal claim for bed bug injuries in Georgia?:

In Georgia, it is important to show that the property owner was negligent. One example to show negligence would be if a hotel owner, when being put on notice of a dangerous condition (a bed bug infestation), failed to respond properly, thus subjecting tenants or hotel guests to the danger which caused their damages, i.e. injuries, property loss, medical bills.

What does the law say about bed bugs in Georgia 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). 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. Hillinghorst v. Heart of Atlanta Motel, 104 Ga. App. 731.

The following are some of the various legal claims a Plaintiff may bring against a negligent hotel owner as a result of bed bug injuries:

Negligence: To prove negligence against a Defendant such as a hotel, the Plaintiffs need to show that the Defendants negligently breached their duty by failing to exercise ordinary care to provide them rooms that were reasonably safe for use and occupancy and that failure caused the Plaintiffs injuries.

Negligence Per Se: Under O.C.G.A. § 51-3-1, it is the duty of an owner who by express or implied invitation induces others to come upon his premises for lawful purpose, he is liable in damages to such persons for injuries caused by his failure to exercise ordinary care in keeping the premises safe. Additionally, under Georgia State Regulation 290-5-18-.11 of the Department of Human Resources, owners are required to utilize effective measures to eliminate insects from their hotel's premises.

Consequently, in a negligence per se claim against a hotel, Plaintiffs can show that Defendants violated O.C.G.A. § 51-3-1 by inviting guests to stay at their hotel property and failing to exercise ordinary care to keep their hotel premises safe. Additionally, Plaintiffs might also be able to prove that Defendants violated Georgia State Regulation 290-5-18-.11 by failing to utilize effective measures to eliminate the bedbug infestation from their premises while subjecting their hotel guests to these dangerous conditions. If Defendants violate these laws, they are liable for the harms their actions caused to the Plaintiffs.

Georgia Fair Business Practices Act: Furthermore, Plaintiffs as members of the consuming public may be able to file a Georgia Fair Business Practices Act claim if they can show the Defendant engaged in unfair and/or deceptive business practices and that Plaintiffs justifiably relied on Defendant's knowing, false representations that caused the Plaintiffs damages.

If Defendant has committed several unfair and/or deceptive practices, Plaintiffs may be entitled to both general and exemplary damages, as well as being entitled to treble (triple) damages because Defendant intentional violated the Georgia Fair Business Practices Act. See Conseco Finance Servicing Corporation v. Hill, 252 Ga. App 774 (2001). Prior to a Fair Business practices claim being filed, a 30 day written notice of demand must be made. Under Georgia law this notice is to be liberally construed. See Lynas v. Williams, 216 Ga. App. 434, 435 (1995).

Punitives claim: Plaintiffs can also argue that they are entitled to exemplary damages if Defendants' conduct was wanton, willful, and showed a reckless disregard and deliberate indifference to the rights of the Plaintiffs.

Claim for Attorneys Fees: Additionally, if Defendants have been stubbornly litigious, acted in manifest bad faith and caused Plaintiffs unnecessary trouble and expense, Plaintiffs may ask that the court should grant Attorney Fees.

For helpful photographs on identifying bed bugs, see here. Additionally, the United States Environmental Protection Agency helpful website which covers frequently asked questions can be, seen here. Bedbug Central, a website devoted to helpful bed bug advice can be seen here.

Continue reading "When Do You Need A Lawyer For Bedbugs? Understanding Bedbug Lawsuits In Georgia" »

A recent article in the Atlanta Journal Constitution reports that bed bugs are growing into more of a problem in Atlanta, Georgia. The AJC reports that according to the latest figures, Atlanta ranks number 21 of the top 50 cities that have bed bugs the most. That's up from No. 45 as of a couple years ago.

Overall, a professional extermination company that regularly treats bedbugs was interviewed by the AJC and stated that they saw over a 30 percent increase in bed bug business between 2010 and 2011.

The AJC also reported that exterminators stated that the top two bed bug cities the second year in a row were Cincinnati and Chicago, respectively. Also included in the top 10 were Detroit, Denver, Los Angeles, Columbus, Ohio, Dallas/Fort Worth, New York and Richmond/Petersburg, Va., respectively.

Entomologists who treat bed bugs state that cities with busy airports such as Atlanta may see increased bed bug problems because of increased travel along with the bed bug population increasing over all.

Williams Oinonen LLC has dealt with many bed bug clientele in Georgia and reports also having seen an increase in bed bug clients over the past year. As professional exterminators will acknowledge, bed bugs do not discriminate between 5-star and 1-star apartment complexes and hotels. Both can have them.

However, Williams Oinonen LLC reports that in general, some of the more high-end hotels are quicker to properly respond to bed bug complaints whereas lower star hotels can sometimes be more egregious in their conduct at times.

Regarding apartment complexes however, Williams Oinonen LLC states that unfortunately, our law firm has seen both property owners in luxury style complexes as well as landlords in low income housing fail to respond to tenants complaints properly.

Williams Oinonen LLC advises travelers to look for signs of bed bugs such as tiny rust-colored spots on bed sheets, underneath the mattress, and the sides of mattresses prior to bringing the luggage into their room.

Also, while not a guarantee, it can't hurt to ask the hotel staff whether they are aware of previous bed bug complaints. If they say yes, consider checking into another hotel. While hotels will generally not volunteer such information, sometimes you can encounter a truthful staff employee while others will deliberately hide and deny a known bed bug problem.

Once you have carefully inspected a room and bring your suitcases inside, rather than putting suitcases and clothes on the bed, inside dressers, or hotel couches, keep luggage and clothing on the luggage racks, and put all clothing in the dryer for at least 15 minutes on the highest setting after returning home.

For more information from our law firm, read here on dealing with a bed bug issue.

Federal law under The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) gives parents the rights to their children's educational records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education. This applies to most schools.

What Are A Parent's Rights Under FERPA?

FERPA gives parents certain rights with respect to their children's education records:

• Parents have the right to review and inspect their child's educational records maintained by the school. Schools may charge for copies.

• Parents have the right to request that a school correct a record that they believe to be inaccurate. If the school decides not to amend the educational record, the parent has a right to a formal hearing. After the hearing, if the school still decides not to amend the record, the parent has a right to place a statement with the record reflecting their viewpoint about the information that is contested.

• Generally, schools must have in writing permission from a parent to release information about a student's educational record. The law allows schools to disclose those records to the following parties under the following conditions:

 School officials who have a legitimate educational interest in reviewing the record;
 Another school where the student transfers to;
 Appropriate officials for evaluation or auditing purposes;
 Appropriate individuals in connection to the student's financial aid;
 Organizations providing certain studies on behalf of the school;
 Accreditation institutions;
 To comply with a court order or subpoena;
 Appropriate officials in safety and health emergencies; and
 Juvenile justice system authorities, pursuant to specific State law.

Schools are allowed to disclose, without consent, "directory" information including name, phone number, and other such basic information as long as they tell parents about such information and allow a reasonable time frame to opt out.

These rights under FERPA will transfer to the student when they reach the age of majority (age 18) or attend college or an educational institution beyond high school.

Continue reading "Parents Rights Under the Federal Educational Rights and Privacy Act" »

Paula Deen, her brother, and her companies have been sued for racial discrimination, assault, battery, sexual harassment, amongst other unlawful, humiliating conduct practiced upon their employees. Ms. Lisa T. Jackson is the plaintiff in this matter and the former general manager at one of Paula's restaurants. Ms. Jackson worked for Paula Deen from approximately 2005 to 2010.

Hired to do "a man's job:"
Paula Deen put her in the position of general manager to clean up her brother Bubba's failing restaurant which was called "Uncle Bubba's." At that time, the complaint alleges that Paul Deen stated, "if you think I have worked this hard to lose everything because of a piece of p***y think again. . . And now I am going to do something I have never done. I am going to put a woman in a man's job" giving Ms. Jackson six months to turn the restaurant around.

Called "my little Jew girl:"
The complaint alleges that in six months, Ms. Deen's directive was accomplished and as a result she was called "my little Jew girl" by Paula's brother and "almost Jewish" by their Certified Public Accountant (CPA). As general manager, Ms. Jackson alleges that in spite of her accomplishments, she was not paid a salary equal to her male counterparts and was told by the CPA that "women are stupid because they think they can work and have babies and get everything done" and that Paula's brother Bubba "would not permit a woman to be paid any more than she was already paid."

Ms. Jackson stated that she and her employees were subjected to oppressive sexual and racial harassment including being subjected to inescapable pornography that brother Bubba brought into her office every single day.

Sexual Harassment:
The complaint alleges that Paula Deen's brother Bubba would ask Ms. Jackson if she would bring pictures of when she was young for him to view, would comment on her physical appearance, comment on other female employees physical appearance, and regularly made abusive comments that included talking about men putting beer on top of a woman's head while "she is giving you a blowjob." Ms. Jackson also alleges that Paula Deen's brother Bubba Hiers forcibly and unlawfully grabbed her face, kissing her and spitting upon her.

Racial Discrimination Including Use of the N-Word:
Ms. Jackson (who is Caucasian) alleges in her complaint that both Paula Deen and her brother Bubba Hiers also subjected her to racially discriminatory conduct every single day. For example, the complaint Ms. Jackson states that when she asked Paula Deen what type of uniforms she preferred the servers to wear, Paula Deen responded by stating:

"Well what I would really like is a bunch of little n*ggers to wear long sleeve white shirts, black shorts and black bow ties, you know in the Shirley Temple days, they used to tap dance around. . .Now that would be a true southern wedding wouldn't it? But we can't do that because the media would be on me about that." laughed Paula Deen to Ms. Jackson.

Keeping Blacks in the Back:
Ms. Jackson states in her complaint that all African American staff persons at her restaurant were required to use one restroom in the back of the restaurant and not the customer restrooms even though the white staff were allowed to. Additionally, she alleges that African American staff persons were not allowed to go to the front of the restaurant and that when Ms. Jackson hired two African American hostesses, Paula's brother Bubba Hiers repeatedly complained. Ms. Jackson also alleges that Bubba would start drinking whiskey at approximately upon 10:00 a.m. where he began his day of drinking and abusive behavior.

"Don't You Wish You Could Rub All The Black Off of You And Be Like Me?":
The complaint alleges many of Bubba's abuse including stating: "I wish I could put all those n*ggers [in the kitchen] on a boat to Africa;" that he told a black security guard: "don't you wish you could rub all the black off of you and be like me. . you just look dirty I bet you wish you could;" told a vendor that he had a "bunch of coons in this kitchen," told jokes using the word n*gger in the presence of others, physically and violently shook an African American kitchen staff person and challenged other black kitchen workers to fight him.

After five years of being subjected to Bubba Hier's abusive violent conduct Ms. Jackson states she began developing enormous stress which caused her chest pains, panic attacks and later serious medical consequences which made her doctor insist she stay away from work and request that he admit her to the hospital. The complaint allege that she made pleas for relief to senior management reporting the discriminatory conditions and abusive treatment she confronted.

Ms. Jackson is asking that the Court permanently enjoin Paula Deen, her brother, and her companies from further unlawful conduct including awarding her damages and attorney fees.

To view the actual complaint, click here: Jackson v. Deen, et al. Complaint(1).pdf

Continue reading "Good Georgia Lawyer Discusses Paula Deen Lawsuit For Racial Discrimination, Use of the N-Word, Sexual Harassment of Employees" »