North Carolina Personal Injury Lawyers Blog

Immunity is a key concept in many North Carolina premise liability cases that occur on government property.

When you are injured on government property, you may be confused about your legal rights. Our experienced Carolina injury attorneys want to help you get the award you deserve.

In a recent Virginia case, the court delves into questions surrounding sovereign immunity classifications for governments in potential premise liability claims. Seabolt v. County of Albemarle, No. 110733 (Va. Apr. 20, 2012).

Sovereign immunity was created by statute to protect federal, state and local governments from lawsuits which would result in taxpayer money being awarded to victims of government agents' civil wrongs. When someone sues the federal, state or local government, the government can raise the defense of sovereign immunity and the case may be dropped. Where a case is dropped by the court because of sovereign immunity it is because this immunity eliminates the courts subject matter jurisdiction over the cause of action.

This immunity has been limited through the creation of a legislative act referred to as the Federal Tort Claims Act. The purpose of this act is to waive immunity in instances where the claim arose because a government agent or officer acted negligently in the course of their employment causing injury to another person. This act has been adopted by the states in a variety of ways.

In this case, Seabolt (plaintiff) was injured while she was on a playground that belonged to the County of Albemarle (defendant) in Virginia. The previous court hearing this case found that the plaintiff's injuries were the result of a county employee who negligently maintained the premises. Plaintiff looked to Virginia Code §15.2-1809 which dealt with a counties liability where it is operating a recreational facility, park or playground. This statute explicitly states that a county can be held liable for the damages caused because of the gross negligence of a county employee.

The defendant argued that it could not be held liable because of the doctrine of sovereign immunity. Additionally, it stated that the above referenced state statute did not apply to counties because it was only a waiver of liability to cities and towns.

The court in this case looks to two critical legal concepts. First, the court distinguishes the difference between being held liable for an employee's negligence and being held liable for the damages. Secondly, the degree of the employee's negligence is integral to the applicability of the statute. If an employee is grossly negligent, a county can be held liable; however, where an employee is simply negligent a county is not held liable for the damages.

Gross negligence is a type of action or omission on the part of someone who owes a duty of care that amounts to extreme carelessness and/or egregious behavior. Regular negligence is where someone breaches the duty of care but the action or omission is not extreme.

Although every state has different immunity statutes, the court in Seabolt points to the Virginia Tort Claims Act which identifies that the statutory limitations on sovereign immunity are not extended to county governments.

Therefore, any county, city or town in the Commonwealth of Virginia is immune from liability where a person is injured because of the gross negligence of a county, city or town employee acting within the scope of their employment.

Continue reading "The Role of Sovereign Immunity in North Carolina Premise Liability Cases Discussed in Seabolt v. County of Albemarle " »

When we go through our daily lives the law has designated liability standard in every realm to protect us in cases of negligence. If you have suffered an injury in the Carolina's because of the negligence of someone else, know your rights.

Our experienced North Carolina injury attorneys know what it takes to get you the award you are entitled to.

This case arose when Plaintiff was riding his bicycle in Delaware. He saw a short cut through a parking lot that was un-gated and went through the defendant's parking lot. Upon doing this he rode his bike through a large pothole causing him to sustain minor personal injuries. Plaintiff says he did not notice the traffic cone which marked this pothole.

Plaintiff then sued the owners of parking ("Colonial") lot claiming that he was a licensee and Colonial breached their duty by failing to maintain the premises.

The law is very specific in the realm of premise liability. It provides for three distinct classifications for entrants onto property. There are licensee, invitee and trespassers. Depending on the category, the law assigns property owners a duty of care to those individuals. Each state has different law surrounding this issue, although the definitions are very similar.

A licensee was invited onto the property by the defendant or given implied consent for a non-commercial purpose. An invitee is usually an entrant that is invited onto the premises for commercial purposes because the commercial nature of the land. And a trespasser is an entrant that is not invited onto the land by the landowner and is also not performing any services related to the premises or the landowner.

In Simpson v. Colonial Parking, Inc., the court deciphers between licensees or trespassers and the duties owed to each. The plaintiff contends that he is a licensee as he was given implied consent to enter the land because the parking lot was not gated. Because of this contention, plaintiff claims that the landowner should be held liable to plaintiff because defendant knew of the dangerous condition that could cause harm to the plaintiff, defendant failed to make the condition safe or warn plaintiff of the risk involved.

Defendant argues that the plaintiff was a trespasser because not allowed to be in the parking lot, as he was not given any permission to enter. Because of this classification as a trespasser, the only duty defendants would have had was to refrain from willful and wonton conduct.

The plaintiff in this case has the burden of proving his entrant status. In order for the plaintiff to prove that he was a licensee he had to prove that Colonial gave plaintiff their implied consent or privilege to enter and use the parking lot.

Because the plaintiff in Simpson did not prove that he was given any privilege to enter the parking lot, the court found that he was a trespasser. Plaintiff was a trespasser thus the only duty owed to him by the defendants was to refrain from willful or wonton conduct. The plaintiff then had to prove that the defendants did act in this regard, which he was unable to do.

Therefore, the court in this case granted Colonial summary judgment because plaintiff could not prove his contentions. There was no duty fund to be owed by this landowner to this trespasser. Because of this, the court here held that because the plaintiff was trespassing and was then injured on the land of another he was not entitled to recovery.

If you have been injured because of the negligent maintenance of the land of another, know your rights.

Continue reading "Premise Liability in the Carolinas Discussed in Simpson v. Colonial Parking, Inc." »

Many of us are familiar with the triumphant story of Gabrielle Gifford's remarkable recovery after sustaining a traumatic brain injury a year ago from a gun shot that penetrated her skull. As witnessed in her story, patients who sustain serious blows to the head or traumatic brain injuries in Asheville, or elsewhere in the country need extensive medical care and rehabilitation if they have any hope of recovery.

Traumatic brain injury (TBI) patients are often housed in facilities to help them rehabilitate from physical or mental disabilities after the accident because they can no longer take care of themselves or function on their own. Families rely on these facilities to give our loved ones the best care possible and prevent them from further injury. Such facilities, including nursing homes, have an obligation to ensure the safety of residents. This includes not allowing them to walk out the door at their own free will.

Our Hickory nursing home abuse and neglect attorneys never understand how a resident can walk through a door without staff knowing it, but it happens all too frequently.

WRAL reports of a recent incident involving a TBI patient who went missing for five hours after walking out the front door of a Raleigh rehab center. This is not the first time something like has happened at this particular type of facility. During a shift change, the patient unknowingly walked out the front door of the Learning Services facility. Family members researched rehab facilities before admitting the patient and found Learning Services to be the best in the business. Why then, are they losing or failing to maintain supervision of patients who have no way of protecting themselves in dangerous situations?

Other families have not been as lucky. In 2004, an incident at a Learning Services center in Durham had a much different outcome. A resident walked out the door and went missing for four days. Unable to take care of himself, the man was found frozen to death a block and half away. The family filed a wrongful death lawsuit and later settled for $2.5 million.

The North Carolina Department of Health and Human Services has had to conduct several investigations for deficiencies at the Learning Services facilities according to state records. At a Creedmoor facility, a patient died after having a seizure and was not attended to by staff. The company was fined $2,000 for failing to respond appropriately in this incident. The company has also been cited for losing a patient in Durham and not having a registered nurse available at a Raleigh location. Learning Services specializes in TBI patient care, which often means patients don't have the capabilities to care for themselves both mentally and physically.

The company's resolution for rectifying the situation in the recent incident is to place a device on the patient that will alert staff if he or she walks out the door. A bracelet will also be given to the attending nurse so the patient doesn't get overlooked when a shift change takes place.

North Carolina injury lawyers aren't comfortable with what appears to be a "Band-Aid" fix like this. Facilities have an obligation to give loved ones the best care possible, which includes making sure they are supervised at all times.

Continue reading "Patient Care Neglect at North Carolina Nursing Homes and Rehab Centers a Concern for Families in Statesville, Elsewhere" »

This time of year is filled with all sorts of events like Pumpkinfest, sweet potato festivals, Oktoberfest, street fairs, and holiday extravaganzas throughout North Carolina. Though these events can be fun and entertaining, there are certain risks involved while you're there.

Our Greensboro injury lawyers want to remind fair-goers who are injured at these events to get advice from an experienced law firm so you can be compensated fairly for any injuries you might obtain. Event coordinators and organizers have a responsibility to protect the public from freak accidents or injuries. Often, these are cases of premise liability caused by negligence on their part.

We posted earlier this month on our North Carolina Personal Injury Lawyers Blog that South Carolina State Fair representatives were going to take extra precautions this year to prevent accidents and injuries with the installation of a high-tech camera that would offer around-the-clock surveillance of activities during the fair.

Maybe the camera will help determine the cause of an accident on the "Banzai" ride that injured six people. The teens who sustained injuries from a ride accident at the South Carolina State Fair did not need to be hospitalized. But each of them was treated at the on-site first-aid center for cuts, bruises and a shoulder injury.

WSPA reports that the defective ride that caused the injury had been inspected earlier in the week, but inspectors from the State Department of Labor, Licensing and Regulation are trying to determine what caused a metal piece to break off the ride. The piece of metal broke into smaller piece and hit the deck, which caused the injuries. It is a requirement that state fair rides are inspected and certified by a professional prior to each event and then on a daily basis by the rides' owners. Inspectors from the Department of Labor are investigating to make sure all protocol was followed during the certified inspection a few days earlier.

The Bonzai ride accident isn't the only serious accident that caused severe injury to a fair-goer recently. WCTI 12 reported about a helicopter malfunction at a Chili Festival in Craven County that caused four people to be rushed to the hospital. The helicopter had been on display all day and was about to do a scheduled take-off when the prop wash from the helicopter's rotors blew over tables and tents, injuring several people. Some witnesses described the accident like a tornado that appeared out of nowhere, blowing tables and chairs everywhere and causing complete chaos. One spectator witnessed the man-made windstorm move a moonwalk attraction containing several children inside across the ground towards the highway. Some of the injuries to spectators included a broken leg, head injuries, severe cuts with heavy bleeding, and a man knocked unconscious.

Events like these can be quite scary. Putting your faith and trust in the event coordinators to keep you safe is to be expected, but keep in mind you do have rights when an injury occurs at a fair, carnival, festival or other public event.

Continue reading "Fairs, Festivals Put People at Risk for Injury at North Carolina Fall Events" »

Our Asheville fire accident attorneys know that smoke and flames can cause severe injury and complete devastation to a family when a fire breaks out, especially in a home. Victims in a fire often die from smoke inhalation or toxic gases but can also suffer severe burn injuries that are sometimes fatal. As winter season approaches, landlords and businesses have a responsibility to keep residents and guests safe. We'd like to remind our readers that colder weather months are prime time for a fire to break out caused by a fireplace, malfunctioning electrical wires, or a defective heater or appliance.

In recognition of National Fire Prevention Week, the National Safety Council is offering tools and safety tips to help reduce the risk of fire-related injuries in Charlotte and throughout the country. In 2009, fire-related accidents were the sixth leading cause of unintentional deaths in the United States.

The Centers for Disease Control and Prevention reports in 2010 there was a fire-related death every 169 minutes on average. Someone was injured in a fire every 30 minutes in 2010. Home fires were the cause of 2,640 deaths in 2010 (not including firefighters), and another 13,350 civilians were injured in home fires. The victims most at risk of injuries or deaths in a fire are children 4 and under and older adults ages 65 and over.

NSC offers these fire prevention tips:

-More than a third of deaths in residential fires are due to faulty smoke alarms. Check your batteries in each smoke alarm annually and place one on each level of your home.

-Carbon monoxide detectors should be checked monthly.

-Place a smoke detector in each bedroom.

-If a home sprinkler system is something your family can afford, have one installed. If you are a renter, inquire if a sprinkler system is installed in your building and how often it is inspected for proper functioning.

-Have a training session for everyone in the family on how to use a fire extinguisher. Make sure fire extinguishers are easily accessible throughout your home.

-Devise an evacuation plan and practice it monthly so that everyone is familiar with what to do in case of a fire. Landlords and businesses should have an evacuation route in place, so ask for a copy so that everyone knows how to get out safely.

Other resources provided by the NSC include creating a home fire safety checklist , which helps determine if your home is hazard-free from the most common causes of fire accidents. Also, the family escape route plan, which suggests options that family members can utilize to reach safety when a fire breaks out.

If someone in your family develops a severe burn caused by a fire, there are some things you can do to help treat the burn right away. First- and second-degree burns that are less than 3 inches in diameter should be cooled by running the burned area under cold tap water or by placing a cold compress on the area until the pain goes away. Once the pain subsides, loosely wrap or place a sterile nonstick bandage on the burn for protection. If pain continues, administer aspirin, ibuprofen, acetaminophen or naproxen in prescribed doses to help relieve the pain.

Call 911 for emergency response if someone has suffered a severe burn.

It is a good time of year for homeowners to take the necessary precautions to help reduce the risk of a fire-related accident in your home. By utilizing preventative measures, family members can feel safe and secure all winter long.

Continue reading "Fire Prevention is Key to Keeping Safe from Burns in Fire-Related Accidents in Asheville or Charlotte" »

At last check, Hurricane Irene was less than 400 miles away from the coast of North Carolina. This information is from CNNand was recorded at 8:00 a.m. ET. on Friday.

Although the storm is still a ways away from our state, tropical storm-force winds are only about 100 miles from our coast. We can expect to start feeling the effects of this storm by late tomorrow morning or early afternoon. Residents are urged to bunker down now and prepare themselves and their family properly to help avoid property damage or personal injury in North Carolina.

"The timing is such that tonight into Saturday will be the worst for North Carolina and the Virginia Tidewater, Saturday into Sunday for the Delmarva (peninsula) and the eastern part of New Jersey, and then all day Sunday for New England," said Bill Read, the Director of the National Hurricane Center.

Our North Carolina personal injury attorney encourage all resident prepare for the storm. Gather emergency supplies and prepare your homes before the storm hits our coast. Don't wait until the last minute. Keep safety as a top priority for you and your family.

Resident should gather a hurricane safety kit, including:

-Bottled water.

-Flashlights.

-Insurance documents.

-Toilet paper.

-Blankets and sleeping bags.

-Batteries.

-Weather radio or a portable radio.

-Extra money.

-Identification.

-Antiseptic spray.

-Medications.

-Non-perishable food items.

-Pet food, if needed.

-Baby formula, if needed.

-Bandages and other first aid kit items.

-Eye glasses, contacts and other eyecare products.

Once you've gathered all of the necessary items, you're urged to pack them in a waterproof duffle bag or even a covered trash can. Keep all medications and important first-aid items in a plastic baggie.

Irene is currently a Category 2 hurricane and is heading northward from the Bahamas. It's expected to run along Florida's coast, right by Georgia and then through South Carolina. Tens of millions of people could be affected.

A number of cities along the East Coast of the country have already been ordered to evacuate and a number of airlines have already started to cancel flights that would put them in danger. More flights are expected to be canceled.

"Everybody should take this very seriously," said North Carolina Gov. Beverly Perdue,

A number of counties in South Carolina that are east of I-95 have already declared a state of emergency.

The Hurricane Center reports that the state could face rising water levels as much as 5 - 10 feet because of a storm surge.

We ask that all residents please be safe and prepared for Hurricane Irene. With the proper safety precautions we can all help to prevent serious injury. Please be safe through the next couple of days.

Continue reading "Residents in North Carolina Asked to Prepare for Hurricane Irene" »

Cruising is a popular choice for vacationers looking to slip away to a tropical destination while enjoying some fun in the sun. Charlotte personal injury lawyers understand the attraction of cruise ships but want to remind tourists that there can also be some danger involved in these kinds of trips. If you suffer from a cruise ship accident exercise your rights by contacting an experienced personal injury law firm immediately to determine the right course of action.

The cruise industry is booming and cities are finding it an opportunity to grow economically. CBS News reports that historic Charleston is looking to cash in on economic growth and multiple job opportunities by proposing a $25 million cruise terminal on the coast of South Carolina. Opposition suggests that the plan to build a new terminal will bring a tremendous amount of unwanted traffic, noise, and congestion to the area. Supporters see dollar signs as the major benefit, suggesting an $18 billion growth in the community from the tourism industry.

Cruise ship terminals may be good for the economy but cruise ships themselves need to be researched thoroughly before you plan your next tropical trip. Most of us probably think our only danger on a cruise ship is keeping the boat afloat or colliding with another ship; both are highly unlikely considering today's technology.

However, there are other dangers to consider in which the tour boat has a responsibility to keep patrons safe and free from harm. Slip and fall accidents are a common cause of injury on cruise ships. Wet floors and spilled food or beverages can lead to serious injury. Cruise ships offer a variety of water slides, wave pools, and swimming pools.

The ship should always have a life guard on duty to avoid head injuries or drowning accidents. Food illnesses are a common concern for vacationers because they can often lead to gastrointestinal infections, or salmonella poisoning which all require medical attention. Cruise ships should have security posted throughout the boat and emergency plans for an overboard emergency.

If you have a concern about contracting an illness on a cruise ship, Centers for Disease Control and Prevention conducts surprise inspections through a vessel sanitation program in assisting the cruise ship industry to provide a healthy environment to all of its patrons. Click to view the CDC Green Sheet Report before you make arrangements for your next cruise.

Continue reading "Tourists' injuries and illnesses a risk on cruise ships departing from North or South Carolina" »

According to the Centers for Disease Control and Prevention (CDC), adults 65 and older have a 33 percent chance of falling each year. On average, one of every three adults in this age group fall, which often leads to fatal or serious injuries, like hip fractures or head trauma.

As our focus continues on a short series of blogs about nursing homes, our personal injury lawyers in Winston-Salem, Gastonia and Greensboro know that falls are a leading cause of injury in older adults . In 2007, more than 18,000 older adults died from an unintentional fall injury. Liability or negligence can often become a concern for nursing homes, assisted living facilities, or even businesses when it comes to falls by senior citizens. In each case, they have an obligation to make their environment safe for everyone.

Senior citizens whoslip and fall on a premises in North Carolina are a leading cause of injury for North Carolinians. In fact, the North Carolina Injury and Violence Prevention offers the following older adult fall statistics for North Carolina residents:

-Death rates due to falls in 2007 was 23 times higher for someone over age 65 than for someone not over that age.

-76 percent of fall-related deaths in 2007 were from someone 65 and older.

- 10 to 20 percent of falls in nursing homes result in severe injury.

- From 2000 to 2006, unintentional falls by senior citizens reported to hospitals rose 15 percent.

-Women have a tendency to visit emergency rooms 30 percent more than men as a result of a fall.

Falls are the most common cause of traumatic brain injuries. Among older adults in 2000, 46 percent suffered from traumatic brain injury from a fatal fall. As adults age, they begin to lose balance or become more feeble. Once an older adult falls, they often become fearful of falling again, especially if no one is there to help.

According to the CDC, older adults can take the following steps to help prevent falls:

-Have your eyes checked annually by the eye doctor. Update your eyeglass prescription as needed.

-Minimize side effects like dizziness or drowsiness by having your doctor check prescriptions and over-the-counter medications.

-Make your home safe-proof by adding bars, railings, ramps and more lighting. Remove all hazards that could cause you to trip. For instance, ruffled carpets or exposed legs on chairs.

-Get a daily dose of exercise focusing on balance, fitness and strength as part of your routine.

Continue reading "Falls a Common Cause of Injury and Death Among North Carolina Elderly" »

WRAL is reporting on a proposed law that would relax the North Carolina's liability laws in an effort to protect workers in the healthcare industry.

The proposed law, House Bill 542, would cap damages for malpractice, would ease negligence laws for doctors and restrict lawyer's fees in some cases.

Our personal injury lawyers in Greensboro, Winston-Salem and Charlotte note the bill would also protect businesses facing product liability cases. The proposed Bill would ban Carolinians from filing a lawsuit for injuries sustained for almost any product regulated by the government.

The Bill originated from ALEC, the American Legislative Exchange Commission.

Technically speaking, ALEC is supposed to be a conservative non-partisan policy group in Washington DC. This group is where lawmakers and experts are asked by businesses to assist them with legislation.

ALEC has been described by a senior policy director as a "unique public-private think tank". Dozens of bills over the years have gone through this group, modeling legislation on such topics as voter ID and gun control.

A $50 annual fee is what it costs to get state lawmakers into the group. However, large corporations are willing to pay thousands or tens of thousands of dollars for access to lawmakers, and have the ability to influence how legislation is written.

Some of ALEC's members include: Koch Industries, Wal-Mart, Altria, ExxonMobil and pharmaceutical companies like Bayer, Pfizer and GlaxoSmithKline.

ALEC recently came to Raleigh to hold a tort reform boot camp, which was paid for by ALEC but not well publicized. Oddly the only person that spoke at the Tort Reform committee meeting was a GlaxoSmithKline representative which happens to be an ALEC board member.

The draft bill that came from the meeting did not sit well with NC Advocates for Justice, a trial lawyer's group. They note that if the bill passes, North Carolinians would not be allowed to file a lawsuit over dangerous drugs or tainted food.

Amendments will be debated this week by the House Select tort reform committee.

Continue reading "Lawmakers Consider Limited Liability in North Carolina Defective Product Cases" »

Leave it to lawmakers: Having spent 8 years trying to pass a law that would reduce the risk of Carolina ATV accidents, lawmakers are now holding up the law over debates about whether or not it is strong enough, the State reported.

Our Anderson personal injury lawyers understand the high risks riders face in ATV accidents -- particularly young children. The South Carolina legislature had drafted a law that would require youth training and would limit ATV use by children. However the agriculture committee in the House gutted the measure, permitting children as young as 6 years old to rider four-wheelers, while making exemptions for hunting.

Various versions have been passed around by lawmakers since the death of a teen at a 2003 birthday party. South Carolina is one of only six states that currently does not regulate ATV use by children.

The Consumer Product Safety Commission estimates 450 kids a year are hurt in ATV accidents in South Carolina.

The new measure would:

-Bar unlicensed youths from carrying passengers on ATVs.

-Require training for those under 16.

-Require helmets and protective gear for those under 16.

-Require those under 16 be accompanied by an adult.

North Carolina ATV accidents have killed 64 riders in the past three years, according to the government's ATV Safety website. State law prohibits riders under the age of 8 and limits the size of the machines for older riders. Underage riders must also have an ATV safety certificate.

Continue reading "Lawmakers haggle over rules to reduce risk of Carolina ATV accidents" »

In less than a week, two commercial building fires - one in Warrenton, the other in Durham - destroyed a farm supply store and an architect office. Our injury attorneys in Charlotte know that more than 1.3 million fires were reported in the U.S. last year, causing $12.5 billion in property damage alone.

With that in mind, it is the responsibility of business owners and commercial property managers to secure and maintain fire and smoke safety equipment to protect office workers and customers by installing smoke detectors, fire extinguishers and sprinkler systems and implementing fire safety protocols and practicing fire drill evacuations.

The National Fire Protection Association reported more than 3,000 people died and another 17,050 were injured in vehicle, structural or outdoor fires in 2009. The NFPA estimates that a fire department responded to a fire every 23 seconds and a structure fire was reported nearly every minute. Every 2 hours and 55 minutes of 2009 a person died due to fire related injuries.

Regarding non-residential property specifically, there were 103,500 non-residential fires in 2009 that killed 105, injured 1,690 and caused an estimated $3 billion in property damage. In addition there were 90,000 apartment fires that caused $1.2 billion in property damage while claiming 465 victims and leaving 3,350 injured.

According to Firefighting News, the owner of the architect firm dropped in his office last Sunday morning to check messages when he noticed smoke and called authorities. Five trucks and 21 firefighters responded and extinguished the fire within 10 minutes of arrival. The fire, which began in a storage room laden with architectural drawings, also damaged the next-door suite.
 
WRAL-TV5 reports a fire at Southern States Farm & Garden called in around 6 p.m. Wednesday evening was still ablaze Thursday morning causing fire officials to call for school closures and the evacuation of area homes and businesses (the county library among them) within three-blocks of the blaze.

Because the supply store sold hazardous and flammable materials - fertilizers, ammunition and propane included - firefighters called for evacuations after becoming concerned about air quality issues and the risk of storage tank explosions. Additional fears of contaminating the town's water supply with chemical-laden runoff led to firefighters monitoring the fire as it burned itself out.

It is believed the fire began in the rear of the building and a preliminary investigation has ruled out foul play. Crews from eight fire departments responded to the blaze.

Continue reading "Fires at two North Carolina commercial properties raise questions of liability " »

Few of us give any thought to using an elevator or escalator in a department store, mall or residential building. But the fact is, North Carolina elevator and escalator accidents are a common risk, particularly for children and older adults.

The holiday shopping season brings more people to the mall than at any other time of the year. Wet floors, crowding and poor maintenance are just a few of the causes of elevator and escalator accidents. Our Charlotte injury lawyers wish each of you an enjoyable holiday season and urge you to pay extra attention to children and the elderly around elevators and escalators.

The Bureau of Labor Statistics and the Consumer Products Safety Commission reports that more than 17,000 people a year are injured each year in accidents on escalators or elevators.

Safety tips include:

-Clothing can be caught in elevators or escalators. Secure loose items, including shoestrings, scarves and long coats.

-Avoid edges, where entrapment most frequently occurs.

-Know where the emergency shutoff is located.

-Always supervise a child on an elevator or escalator.

-Do not allow a child to play on an escalator or elevator.

-Do not sit on escalator steps or handrails.

-Never ride an escalator with a stroller, handcart or other device.

-Face forward and use handrails.

Continue reading "Shoppers beware elevator and escalator accidents in North Carolina " »

As we enter the final shopping days before Christmas, shoppers are at increased risk of mall accidents in North Carolina as retailers continue to advertise heavy discounts and customers flock to crowded stores in cold, wet and snowy weather.

As we reported recently on our North Carolina Personal Injury Lawyers Blog, shoppers are at high risk of parking lot accidents through the holiday season. And our North Carolina Workers Compensation Lawyers Blog even reported a warning that was issued by the government, reminding retailers of their responsibility for the safety of employees and guests.

Business owners must work to reduce the risk of premise liability accidents in North Carolina through the remainder of the holiday shopping season.

North Carolina premise liability cases include:

-Slip and fall accidents

-Elevator and escalator accidents

-Wet floors

-Uneven sidewalks or parking lots

-Faulty railings or stairs

-Merchandise falling from high shelves

-Evacuation injuries

-Negligent security

-Assault on business property.

Business and property owners must work to clear ice and snow from their properties and make sure stairwells, parking lots and other areas are well maintained. When someone is injured because of a negligent condition on business property, the victim should be compensated for the injuries that result.

Continue reading "North Carolina mall accidents a holiday danger" »

As our Raleigh car accident attorneys noted in an earlier posting to our North Carolina Car Accident Lawyers blog, shopping mall parking lots are a common location for a motor vehicle accident involving a pedestrian.

According to the North Carolina Department of Transportation, one out of every 10 pedestrians involved in a North Carolina car accident is killed. In 2008, 169 pedestrians were killed in motor vehicle accidents statewide.

Few times of the year are more dangerous for pedestrians than the holiday season when drivers and shoppers are often more focused on hot-ticket sales, party planning or their houseful of visitors than the road. Of course, the time change that comes with Daylight Savings plays some role in wintertime pedestrian-involved accidents, but nearly 15 percent of pedestrian fatalities occur when the victim steps from behind a parked car and another 28.4 percent of deaths happen in pedestrian crosswalks.

Regardless of the holi-daze of fellow drivers and shoppers, business and shop owners and mall management each have an obligation to maintain a safe environment that extends beyond store walls. This includes parking lot security and road maintenance.

The National Retail Foundation reminds everyone a good plan will do much to make holiday shopping more a pleasure than a pain. Some simple tips they suggest include:

~ Just like Santa - make a list! Before you hit the stores, know who you are buying gifts for and how much you've budgeted to spend on each person. Stay with the list!

~ Do your homework. Before shopping, go online and compare prices and read up on consumer reviews. Know each store's return/exchange policy. Keep all your receipts in one place.

~ If you are sending gifts in the mail and want them to arrive before the holiday is over, head to the post office now.

~ Shop safely. If you're going shopping at night, bring a buddy. Try to park in a well-lit area that is well populated. Remember where you park! If you are concerned with getting to your car after dark, ask a security officer to escort you to your vehicle.

~ Wear comfortable shoes, preferably with skid-resistant soles. Watch where you put your wallet and how you carry your purse. Stash credit cards, debit cards, ID and cash in a secure place. If you must leave packages or valuables in your car, put them in the trunk or other out-of-sight spot to help dissuade thieves.

Continue reading "North Carolina premises liability accidents a shopping hazard" »

The Greenville Reflector was among the media outlets reporting this week on the tragic North Carolina swimming pool accident that left a bride-to-be paralyzed.

Rachelle Friedman was the keynote speaker at the 14th annual Adapted Recreation and Wellness Day at East Carolina University. Six months ago she was pushed into a swimming pool by a good friend. She hit her head on the bottom, and is now paralyzed from the waist down. The accident happened a month before her wedding, which has not been put on hold while insurance and other issues are resolved. Our Greenville, North Carolina accident lawyers share this story as a tragic reminder of the consequences of swimming pool accidents.

The Washington Post reported that she holds no ill feelings for her friend -- the two had pushed each other into swimming pools repeatedly over the years.

The wedding has been postponed because the couple's combined income could prevent her from receiving the Medicaid checks she needs to pay for her care and rehabilitation.

In such cases, a North Carolina premise liability claim should be made against the pool owner's insurance coverage. While such a claim can be made in as amicable a manner as possible, it is vital that such accident victims move to protect their rights and their future physical and financial well-being.

The Centers for Disease Control and Prevention reports that 200,000 Americans are living with a spinal cord injury, and approximately 11,000 will suffer a paralyzing injury this year.

The initial cost of hospitalization has been estimated at $140,000. Average lifetime cost is between $500,000 and $1.5 million.

Continue reading "Knightdale, North Carolina swimming pool accident leads to paralysis" »