This afternoon in Douglas County, my former home, a 2001 Ford Explorer crashed due to tread separation on a tire and predictable driver reaction to that event. The 39 year old driver from Austell was killed.

Tire failure is a well known cause of fatal crashes. Some time back I made the joint damages presentation for a team of products liability lawyers who recovered a total $9.2 million for members of a college cheerleading squad who were riding in a passenger van that rolled over after tread separation in a defectively manufactured tire.

Ken Shigley, author of Georgia Law of Torts: Trial Preparation & Practice, is  a Certified Civil Trial Advocate of the National Board of Trial Advocacy, and has been listed as a "Super Lawyer" (Atlanta Magazine), among the "Legal Elite" (Georgia Trend Magazine), and in the Bar Register of Preeminent Lawyers. He practices law at the Atlanta law firm of Chambers, Aholt & Rickard, and has broad experience in catastrophic personal injury, spinal cord injury, wrongful death, products liability,  brain injury and burn injury cases. He is also president-elect of the State Bar of Georgia. Ken and Sally Shigley have been married 27 years and are proud parents of Anne Shigley and Ken Shigley, Jr.  This post is subject to our ethical disclaimer.

Originally posted at Atlanta Injury Law Blog . Please visit http://www.atlantainjurylawblog.com/ .

As a a trial attorney based in Atlanta, some of the more interesting cases on which I have worked have involved defectively designed or manufactured vehicles.

This week the National Highway Safety Traffic Administration launched an investigation of the safety of gas tanks on three million Jeep Cherokees. The investigation covers Grand Cherokees in model years 1993 to 2004.

The advocacy group Center for Auto Safety in October asked NHTSA to review whether the gas tank's position below the rear bumper and behind the rear axle could cause fuel to spill if the SUV were struck from behind. The group also said that the neck of the fuel tank could tear off in crashes.

The risk of explosion, fire and catastrophic injuries with that design cannot be ignored.

Fortunately for people harmed by explosion of one of these gas tanks, Chrysler Group LLC agreed to assume legal responsibility for injuries drivers suffer from defects in vehicles produced before it emerged from bankruptcy protection..

The Center for Auto Safety says that the Grand Cherokee fuel tank storage system was defective and posed a hazard in a crash in that the plastic fuel tank  was behind the rear axle, extended below the rear bumper, and had inadequate shielding, leaving it vulnerable to rupturing or leaking in a crash. Chrysler put the fuel tank in front of the rear axle and shielded it in the 2005 model year.

Ken Shigley, author of Georgia Law of Torts: Trial Preparation & Practice, is  a Certified Civil Trial Advocate of the National Board of Trial Advocacy, and has been listed as a "Super Lawyer" (Atlanta Magazine), among the "Legal Elite" (Georgia Trend Magazine), and in the Bar Register of Preeminent Lawyers. He practices law at the Atlanta law firm of Chambers, Aholt & Rickard, and has broad experience in catastrophic personal injury, spinal cord injury, wrongful death, products liability,  brain injury and burn injury cases. He is also president-elect of the State Bar of Georgia. Ken and Sally Shigley have been married 27 years and are proud parents of Anne Shigley and Ken Shigley, Jr.  This post is subject to our ethical disclaimer.

Originally posted at Atlanta Injury Law Blog . Please visit http://www.atlantainjurylawblog.com/ .

Accutane is a drug originally developed for cancer treatment but that has been widely used for treatment of acne. Unfortunately, there have been widespread reports of terrible side effects, including bowel diseases including Crohn's disease and ulcerative colitis. It was taken off the market last year.  As an attorney in Atlanta, Georgia, handling civil liability cases including products liability, I have been interested in this topic.

Earlier this month, according to a news article by Laura Clarizio, actor James Marshall was in court for a lawsuit against pharmaceutical manufacturer Roche in which he asserts that Accutane taken for acne caused the loss of his colon.

Personally, I have spent many a long night on cots in hospital rooms attending to a family member suffering horribly with Crohn's disease. No one who has not seen the effects of this disease can really know how painful and debilitating it can be.

Ken Shigley, is  a Certified Civil Trial Advocate of the National Board of Trial Advocacy, author of Georgia Law of Torts: Trial Preparation & Practice, and has been listed as a "Super Lawyer" (Atlanta Magazine), among the "Legal Elite" (Georgia Trend Magazine), and in the Bar Register of Preeminent Lawyers. He practices law at the Atlanta law firm of Chambers, Aholt & Rickard, and has broad experience in catastrophic personal injury, spinal cord injury, wrongful death, products liability,  brain injury and burn injury cases. He is also president-elect of the State Bar of Georgia. This post is subject to our ethical disclaimer.

Originally posted at Atlanta Injury Law Blog . Please visit http://www.atlantainjurylawblog.com/ .

An Atlanta area woman was just sitting at a traffic light on Good Friday in her Honda Civic when the air bag deployed spontaneously and a shard of metal from it sliced her carotid artery. Fortunately, she survived.

Honda issued a recall last February on some models of its car because of a defect with the driver's side airbag. In that recall, metal pieces from a part in the airbag could cause injury or death to the driver.  Of course, Honda denies that this incident was in any way related to the recall. Right.

Coincidentally, a consumer survey released this week found that slightly more Americans now say the United States makes better-quality vehicles than Asia does.

Ken Shigley is treasurer of the State Bar of Georgia, of which he has been elected to become president-elect on 6/19/10 and president on 6/4/11. His law practice focuses on representing people who are catastrophically injured, and families of those killed, primarily in spinal cord injury , brain injury,  burn injury , products liability, trucking and bus accidents, catastrophic personal injury, wrongful death, and cases. Much of his practice is focused on tractor trailer, big rig, 18 wheeler, truck and bus crashes.  He is a Certified Civil Trial Advocate of the National Board of Trial Advocacy,  has been listed as a "Super Lawyer" (Atlanta Magazine), among the "Legal Elite" (Georgia Trend Magazine), and in the Bar Register of Preeminent Lawyers (Martindale). 

 For criteria to be considered in selecting an attorney, see The Smart Consumer's Guide to Hiring a Great Lawyer.

Originally posted at Atlanta Injury Law Blog . Please visit http://www.atlantainjurylawblog.com/ .

This week a carpet mill worker at the Beaulieu plant in Murray County, Georgia, was injured falling into a tufting machine. He was airlifted to Erlanger Hospital in Chattanooga.

Workers compensation provides the exclusive remedy of an injured worker against the employer in work accidents.

However, sometimes an injured worker can recover additional compensation for an injury from a third party, such as an equipment manufacturer. Since Georgia law was changed in 2005 to require apportionment of damages among both parties and non-parties to a lawsuit, that has been made more difficult as an equipment manufacturer can try to shift more blame to an employer's negligent maintenance, training and supervision.

However, every case is different.  Over the years we have successfully represented workers injured by carpet mill machinery, poultry processing equipment, commercial bakery equipment, plastic extrusion machines, wood chippers,  forklift trucks, and a wide variety of other industrial and commercial equipment.

Manufacturers of industrial equipment may be liable to injured workers under legal doctrines including negligent design; failure to adequately test and inspect;failure to provide adequate instructions, warnings and labels; and failure to issue an adequate recall notice.

In one carpet mill case we handled, the manufacturer of a laminating machine had installed an emergency stop cord switch backwards -- contrary to instructions from the switch manufacturer -- and failed to install any safety stop cord on the side of the machine where a worker was most likely to fall in.

Ken Shigley is president-elect designee of the 41,000 member State Bar of Georgia. He has long litigated cases throughout his native northwest Georgia and holds the record for the largest jury verdict in Gordon County. Mr. Shigley's law practice focuses on representing people who are catastrophically injured, and families of those killed, primarily in products liability, trucking and bus accidents, catastrophic personal injury, wrongful death, brain injury, spinal cord injury and burn injury cases. He is a Certified Civil Trial Advocate of the National Board of Trial Advocacy,  has been listed as a "Super Lawyer" (Atlanta Magazine), among the "Legal Elite" (Georgia Trend Magazine), and in the Bar Register of Preeminent Lawyers (Martindale). 

 For criteria to be considered in selecting an attorney, see The Smart Consumer's Guide to Hiring a Great Lawyer.

Originally posted at Atlanta Injury Law Blog . Please visit http://www.atlantainjurylawblog.com/ .

Sunday afternoon on I-20 near Six Flags Over Georgia, two people were killed when tire failure led to a rollover of a Ford Explorer. I learned of it not as an Atlanta personal injury, wrongful death an products liability attorney, but because my mom was stuck in the traffic on her way to accompany wife wife to a concert at our church.

The problem with Ford Explorers rolling over after tire failure is well known. I have seen video of test track exercises demonstrating how easily the Explorer rolls over in certain reaction maneuvers, and that if the Explorer wheelbase were widened by four inches it would not roll over.

Of course, I don't know the details of why this particular incident occurred. We have turned down Explorer rollover cases after investigating the details of specific incidents. While the answers regarding this tragedy are not yet known, the questions about Explorer handling characteristics are all too well known.

Ken Shigley, an Atlanta attorney, launched the first law firm web site in Georgia in 1996, and the second lawyer blog in the state. He is a national board member of the Interstate Trucking Litigation Group. His practice focuses on representing people who are catastrophically injured, and families of those killed, primarily in commercial trucking and bus accidents. Mr. Shigley also has extensive experience representing parties in  products liability, catastrophic personal injury, wrongful death, brain injury, spinal cord injury and burn injury cases. He is a Certified Civil Trial Advocate of the National Board of Trial Advocacy,  has been listed as a "Super Lawyer" (Atlanta Magazine), in the Bar Register of Preeminent Lawyers (Martindale), and among the "Legal Elite" (Georgia Trend Magazine).

Mr. Shigley is currently unopposed as a candidate for president-elect, of the 41,000 member State Bar of Georgia, of which he has served as secretary and treasurer.

 For criteria to be considered in selecting an attorney, see The Smart Consumer's Guide to Hiring a Great Lawyer.

Originally posted at Atlanta Injury Law Blog . Please visit http://www.atlantainjurylawblog.com/ .