J. Michael McGarity

J. Michael McGarity

The McGarity Group, LLC

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Latest Publications


Pharmacy Errors — Receiving Compensation for Your Harm

A Houston, Texas mother is suing her local pharmacy for a prescription error that led to the death of her daughter. In August, 6-year-old Jadalyn died after taking a dose of liquid morphine that was 10 times the strength she...more

2/21/2014 - Bodily Injury Pharmacies Prescription Drugs Wrongful Death

Suing Slow Drivers for Damages

Most states, including Georgia, follow a set of standards known as the Uniform Vehicle Code. One of the rules of this code is that drivers must keep right if they are traveling slower than the speed of traffic. If you suffer...more

2/18/2014 - Car Accident Motor Vehicles Speed Limits

Suing for Cyclospora-Related Illnesses

This past August, Atlanta Magazine reported that the national cyclospora outbreak infected 353 people throughout 15 states, including Georgia. Cyclospora is a one-celled parasite that causes an intestinal infection called...more

2/13/2014 - Bodily Injury Food Contamination

Holding Toy Companies Liable for Injuries

This past July, national news sources reported that Baby Einstein, an Atlanta-based toy company, was forced to recall more than 400,000 baby jumpers after receiving reports of more than 60 injuries. The recall included a...more

2/6/2014 - Bodily Injury Children's Products Children's Toys Toy Recalls

Injured in an Amusement Park — When Can You Sue?

This past July, a woman was killed in Six Flags Over Texas when she fell off a roller coaster during a sudden maneuver. According to a witness at the scene, before the ride started the woman expressed concern to a park...more

2/3/2014 - Amusement Parks Bodily Injury

When Nursing Homes Cause Harm

Statistics compiled by the National Center on Elder Abuse show that nearly nine out of ten nursing homes fail to provide adequate patient care and that more than a third of nursing homes have violated elder abuse laws. The...more

1/31/2014 - Elder Abuse Elder Issues Nursing Homes

Georgia’s New Youth Concussion Law

This past April, Georgia became the 46th state to enact a youth concussion law. Georgia’s law was passed following the publication of a number of studies emphasizing the seriousness and prevalence of concussions in youth...more

1/20/2014 - Athletes Students Traumatic Brain Injuries

When Can You Sue a Hotel for Injuries?

R&B singer Johnny Gill sued the Beverly Hills Four Seasons Hotel for damages he suffered during an attack at the hotel’s bar. According to the complaint, a drunken patron yelled racial insults at the singer and then attacked...more

1/14/2014 - Bodily Injury Hotels

What to Do in a Deposition

A deposition is sworn out-of-court testimony that witnesses provide before a trial. When conducted properly, a deposition can boost your credibility and provide important evidence in your favor. Below are some basic tips for...more

1/9/2014 - Depositions Workplace Attire

Liability for Defective E-cigarettes

E-cigarettes are electronic devices designed to simulate the experience of smoking. Local news reported on a Grant Park woman who claimed that a new e-cigarette that she bought exploded and almost destroyed her home....more

1/3/2014 - Design Defects E-Cigarettes Failure To Warn Manufacturing Defects

Dram Shop Liability in Georgia

Last October, news reports announced that Kelly Stevens, the morning radio host of B98.5, planned to sue two bars after he was hit by an alleged drunk driver and suffered severe injuries. Stevens’ lawyer asserted that the...more

12/30/2013 - Dram Shop Laws

Georgia Wrongful Death Lawsuits — Frequently asked Questions

If your relative dies in an accident, you may be able to sue the person or company who caused the accident for wrongful death. Georgia law sets forth a general framework for wrongful death compensation...more

12/23/2013 - Wrongful Death

Swimming Pool Accidents — When can you Sue?

According to the Consumer Product Safety Commission (CPSC), every year nearly 300 small children and toddlers drown in swimming pools. For every child who dies from drowning, another five children are admitted to emergency...more

12/19/2013 - Damages Drowning Deaths Negligence Safety Precautions Swimming Pools

What is the Difference Between a Wrongful Death and a Survival Action?

In October, a jury found that electronic defects in a 2005 Toyota Camry caused the car to accelerate suddenly, crash into a wall, kill a passenger and cause serious driver injuries. Toyota had to pay $3 million in...more

12/18/2013 - Survival Action Wrongful Death

Georgia Slip and Fall

Imagine you are in a grocery store. You slip and fall on a piece of cabbage. Will the grocery store pay for your injuries? The answer to that question depends on the results of a premises liability claim. This kind of claim...more

10/29/2013 - Bodily Injury Slip and Fall

Paying Your Medical Bills After an Accident

According to researchers at Harvard Medical School, debt for medical expenses accounted for 62% of all bankruptcies in 2007, up from 46% in 2001. These included expenses after an accident and due to illness. We know how...more

10/22/2013 - Bodily Injury Medical Expenses

Construction Site Injuries: Defining Third-Party Claims

Earlier this year, a crane collapsed onto a construction site in Queens, New York, seriously injuring seven workers, three of who were pinned. Although the employees worked for a subcontractor called Cross Country...more

10/14/2013 - Construction Accidents Construction Workers Third-Party

What Can I Recover If I Was Hit By A Drunk Driver?

Drunk driving can be a costly mistake for any perpetrator, including celebrities. Take former Fox 5 broadcast anchor Amanda Davis, whose DUI in November ruined her career. Atlanta police arrested Davis on November 11 for DUI,...more

10/11/2013 - Car Accident Damages Drunk Driving DUI Punitive Damages

Georgia’s Dog Bite Law

Georgia ranks ninth in the country for dog bite claims. State Farm reports that in 2012, it paid out a total of $3.3 million for 121 dog bite claims in Georgia alone. Dog bites are among the leading causes of injury to...more

10/11/2013 - Damages Dog Attacks

Why You Need More Than Basic Car Insurance Coverage

Recently, 20-year-old University of Kentucky football starter Ashely Lowery suffered serious injury from a single-car crash. His car ran off the road and overturned several times. If Lowery had crashed in Georgia carrying...more

10/10/2013 - Auto Insurance

Dos and Don’ts After The Crash

Being in an auto crash is unnerving, and usually leaves one feeling disoriented. Although there are important action steps to take immediately following a crash, it may be difficult to think of them on the spot. Therefore, it...more

10/10/2013 - Car Accident

Standing Up Against Distracted Driving in Georgia

According to a recent study done by Cohen Children’s Medical Center in New Hyde Park, more than 3,000 teenagers die every year from texting while driving, while only 2,700 die from driving under the influence of alcohol....more

10/9/2013 - Car Accident Distracted Driving

What Good Can A Wrongful Death Claim Do?

No sum of money can ever fully compensate those suffering the loss caused by a wrongful death. However, a wrongful death claim can help you recover some of the financial losses incurred from losing your loved one, and help...more

10/9/2013 - Wrongful Death

What Is A Wrongful Death Claim And How Can I File One?

If someone ? either through carelessness or criminal activity ? has caused the death of anyone in your family, you may be entitled to bring a lawsuit to recover compensation from the at-fault party. That lawsuit is known as a...more

10/8/2013 - Burden of Proof Negligence Wrongful Death

Mind the Crosswalks: Pedestrian Accidents

On June 23, a pedestrian was struck and killed on the Downtown Connector on I-75/85 southbound near Arthur B. Langford Jr. Parkway. It appears the victim was hit by multiple vehicles, all of which fled the scene....more

10/8/2013 - Bodily Injury Car Accident Pedestrians

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