Our friends at Lawzilla recently introduced us to Attorney Aaron Marks of Marks Law Group in Atlanta, Georgia.
We started off talking about the recent submersible accident and then uncovered an under publicized health concern in the legal industry. Check out the chat below.
Personal Injury Insights
Nick
Can you provide insights into how personal injury law applies in cases involving submersible accidents, such as the recent tragedy?
What specific legal considerations victims and their families should be aware of?
Attorney Aaron Marks
The specific legal considerations victims and their families should be aware of are the agreements presumably signed that required the release of any liability should the passengers become injured, where the company was based, where the vessel actually imploded, and what guidelines the company did or didn’t follow.
Liability Waivers
Nick
That makes sense. I would assume the passengers read the liability waivers in detail before this type of adventure. But what about the rest of us that sign liability waivers in a rush. Like when you take your kids to a trampoline park. The business operators have you sign liability waivers. I skim through them in a hurry and then sign. I bet a lot of other parents do too. What should parents do in those situations to protect their rights, but still quickly get their kids signed up so they can go play?
Attorney Aaron Marks
It’s very complicated, unfortunately. The waivers routinely presented to us appear to remove all liability from the business owner for any reason at all, for any possible injury or outcome. In reality, the business owner is still required to follow standard procedures to keep patrons safe. For example, at a trampoline park, getting injured while jumping is a common occurrence, and the business owner needs to protect himself from patrons suing for injuries caused by jumping on the trampolines. However, the business must follow standard procedures when operating a trampoline park – inspect the trampolines for normal wear and tear, inspect facilities to make sure they are in good working order, and insure the employees are competent and knowledgeable in their roles. A lot of times the issue becomes what are “standard procedures” and whether the business owner followed them.
Poor Operating Procedures
Nick
I get that. Trampoline parks are fun, but also loaded with injury risks. As a parent, I know that going into the facility. I’m also grateful that the owner is willing to be in a risky business like this in order for my kids to have fun. I can see why he/she would use waivers that remove all liability. But like you said, they still need to sustain good operating procedures.
Have you ever had a case where poor operating procedures caused harm? If so, I think our readers would be interested to hear about that.
Attorney Aaron Marks
Yes, I have seen poor operating procedures cause harm many, many times. One that comes to mind is when my client was being put into a wheelchair without the wheelchair arms being put down. As soon as she was put in and let go she fell sideways out of her chair and shattered her left hip. To make matters worse the person who failed to follow the proper procedure blamed my client for falling out of her wheelchair. The second case involves my client having undergone cancer treatment for his prostate while under full anesthesia. When he was brought out of surgery and put into the recovery room his nurse lowered one of his bedrails to obtain his vitals. She was then called into another room and forgot to put his bedrail back up. He slid off his bed and landed on his head, incurring a mild traumatic brain injury (TBI). He, too, was blamed for falling onto the floor. (See any patterns here?) Safety procedures are designed to keep us safe. They are not written to waste anyone’s time or frustrate anyone.
The Mental Health Risks of Law Careers
Nick
Oh man, those are terrible mistakes.
I’m guessing you’ve seen a lot of unsettling situations that are filled with emotions. How do you balance the emotional side of personal injury while making sure your clients are taken care of on the legal side of things?
Attorney Aaron Marks
It’s really hard! It’s taken me years to separate work and home life. Luckily my wife is a stand-up comic and my three children do not take me super seriously. I also lean on my friends, extended family, and colleagues. I can’t stress enough that this career is a marathon, not a sprint. If you don’t take care of yourself you’re not going to be there for clients who put their trust in you. Unfortunately attorneys still lead the US with suicide and substance abuse. I have some good friends who stopped practicing law and some other friends who I can come to, and who I trust, whenever I need to.
Nick
I didn’t know that suicide and substance among attorneys was higher than average. I’m going to research that topic because it sounds like it might need some more attention. I’m sure it helps to have a wife that can make you laugh. Having good friends to lean on is invaluable, especially when you’re in a dark place.
You mentioned treating your career like a marathon. When you complete your marathon, what do you hope to have accomplished in your career?
The Importance of Role Models
Attorney Aaron Marks
Check out this link for more info.
My goal is to help people in a real, concrete way.
Luckily for me I have some great role models, such as Fred Orr, Elliot Levitas, and Tommy Malone. All three of these attorneys made significant contributions to the field of law, were recognized for their expertise, and helped their fellow colleagues achieve their goals.
Nick
They look like good guys to have known. Having good role models / mentors in business can make a big difference in one’s career. I know it has for me. How would you recommend other lawyers find good mentors for themselves?
Attorney Aaron Marks
I think the best advice would be to ask questions, keep an open mind, and try to find attorneys you want to emulate and mirror your career on theirs, to the extent it makes sense. I was fortunate to live in a city where there’s a strong legal community and I felt comfortable approaching attorneys I didn’t know.
Conclusion
In this enlightening interview with Attorney Aaron Marks of Marks Law Group, we learned about the intricacies of personal injury law, focusing on submersible accidents and liability waivers. Aaron highlighted the importance of understanding legal considerations and following proper operating procedures to ensure safety.
Moreover, we explored the emotional challenges faced by attorneys in personal injury cases, emphasizing the need for self-care and support systems. As a trusted advocate, Aaron encourages readers to reach out to him through his website for assistance with personal injury cases or to discuss mental health challenges faced by lawyers. By seeking his guidance, individuals can benefit from his expertise and unwavering commitment to promoting well-being in the legal community.
