Recently in Wrongful Death Category

March 26, 2014

Non-Economic Damage Cap Deemed Unconstitutional by Another State Supreme Court


Florida has recently joined seven other states in finding that non-economic damage caps in medical malpractice cases are unconstitutional. The case, Estate of McCall v. United States,, stemmed from the death of a young woman who died shortly after childbirth.
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The finding is important because, while North Carolina has had non-economic damage caps in place since 2001, there has yet to be a constitutional challenge on the issue here. The more states follow this precedent, the more likely we are to see a similar outcome.

Charlotte personal injury lawyers know that part of the reason we have non-economic damage caps stems from a major push by health care lobbyists in the late 1990s and early 2000s for tort reform. Doctors would be driven from states in droves, they said, unless legislators could enact reforms to bring the cost of medical malpractice insurance down. One of the best ways to do this, they asserted, was to cap the amount of damages plaintiffs could collect for serious injuries or wrongful death.

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March 22, 2014

Timely Filing of Carolina Wrongful Death Lawsuits


Generally in North Carolina, filing an Asheville wrongful death lawsuit must occur within two years of the date of death. This is called the statute of limitations, and the courts require strict adherence to time limits. A case could be tossed for filing even one day too late.
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There are, however, exceptions. There are a few instances under which the length of time could be tolled (paused and thus lengthened). Then there are some circumstances wherein the date of injury occurs much earlier than the date of death, and here, the clock on that statute of limitations may start ticking at the time of injury.

This is why it's so imperative to meet as soon as possible with an attorney if you are contemplating filing a case. Wrongful death lawsuits are complex, and even before your attorney can file, he or she will likely want to:


  • Research the case;

  • Gather all necessary documents and records;

  • Evaluate the potential strengths and weaknesses of the case;

  • Determine specifically what legal claims of negligence can and should be made;

  • Identify all parties to be sued;

  • Select the proper court in which to file.

Continue reading "Timely Filing of Carolina Wrongful Death Lawsuits" »

February 25, 2014

North Carolina Construction Fall Results in Death


A 30-year-old worker was killed in a North Carolina construction accident, after suffering a five-story fall from scaffolding.
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The incident occurred in Raleigh, about an hour outside of Greensboro, and was the second construction accident in that city in just two days.

News reports of the incident, citing Department of Labor sources, indicate that the company that had been overseeing the site was cited two times in recent years for safety violations involving scaffolding and worker fall protections.

Our Greensboro wrongful death attorneys know that this is so often the case when there is a death or catastrophic injury stemming from a workplace accident. While many companies do try their best to adhere to proper safety protocol, we see the same offenders violating these laws again and again.

Continue reading "North Carolina Construction Fall Results in Death" »

November 5, 2013

$10 Million Lawsuit Against U.S. Army Day Care for Infant Death


Parents trust that day care providers are attending to children and keeping them safe from harm. In addition to normal care needs, including water, food and security, day care providers have a duty to act reasonably and ensure appropriate supervision. This month, a North Carolina couple filed a $10 million dollar wrongful death lawsuit against the U.S. government after their infant child suffocated at a Fort Bragg day care in March 2012.

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Wrongful death suits are an available legal action for anyone who has lost a child, spouse, or parent due to neglect, recklessness, or intent. Our Charlotte wrongful death attorneys are experienced in investigating fatalities and dedicated to protecting the rights of families who have suffered a loss. We are committed to helping victims as well as raising awareness to prevent future accidents and injuries.

According to the lawsuit
, the parents are filing claims of wrongful death and negligent infliction of emotional distress after they lost their 4-month-old son. The parents were distraught after they also discovered the care attendant would not face any criminal charges for the death. Whether a death was caused by intent, recklessness or negligence, civil charges can still be filed even if the defendant is not being held criminally liable. While a prosecutor must prove "beyond a reasonable doubt," a civil plaintiff must only prove by "preponderance of the evidence," which can be easier to establish liability.

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August 20, 2013

Checklist to Keep Teens Safe This Sports Season


Teen athletes face a number of dangers every time they go to practice or have a game. In addition to regular injuries that could be caused by impact or repetitive stress, traumatic injuries could also cause serious or permanent damage. Despite the benefits of getting good exercise and learning teamwork, parents, educators, and teens should be aware of the risks and be prepared before starting a new school and sports season.

While there are some accidents that aren't preventable, taking a proactive and knowledgeable approach to this year's sports season could prevent serious injuries, and death. Our Asheville personal injury lawyers are experienced with the investigation and representation of teen sports accidents. We are dedicated to sports and team safety and helping to prevent injuries, including traumatic brain injury.

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Teen athletes are vulnerable to joint injury, head and neck injury, heart trouble, and heat stroke. In a recent report by NPR, sports medicine doctors and other professionals offer the following checklist to keep your teen athletes healthy and safe.

Continue reading "Checklist to Keep Teens Safe This Sports Season" »

March 3, 2013

Carolina Nursing Home Neglect: Nurse Lets Patient Die


Nursing home abuse and neglect is a major problem throughout the Carolinas and throughout the United States. One recent tragic case making headlines, however, is an egregious example of a retirement community that failed to provide even the most basic of assistance to a dying 87-year-old resident. The incident occurred when a nurse refused to provide CPR to a woman in an independent living community, resulting in the woman's death.

Our Charlotte injury attorneys believe that this tragic incident should be a wake up call to every single person entering a nursing home or admitting a parent or relative to an assisted or independent living community. The nurse and facility argue that they followed protocol as outlined in the nursing home contract. While it remains to be seen whether any action will be taken in civil or criminal court as a result of the events, this tragic incident is a key reminder that you must always read and understand your contract before entering into a retirement or elder living environment. Further, it is also a key reminder that you need to choose your living environment very carefully.

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An article in USA Today published on March 4, 2013, relayed information about the incident in the independent living home that has been making nationwide headlines. According to the USA Today article, a nurse called 911 when an 87-year-old resident was in distress. The Dispatcher begged the nurse to perform CPR on the dying woman and asked whether there was anyone in the facility that was willing to help the woman and not let her die.

In response to the question, the nurse said "Um, not at this time." The dispatcher reminded the nurse that "it's a human being," but to no avail. On a tape of the call, the nurse could be heard telling someone else that the dispatcher was yelling at her and that she was not going to make the call on whether to perform CPR or not. Yet, no one came to the aid of the dying woman and the 87-year-old was declared dead at the hospital later that day.

While there has been a widespread public outcry as the tape was played on media stations and made national news, USA Today reported that the executive director of the assisted living facility defended the actions of the nurse because the nurse had followed policy.

The policy specified that emergency personnel would be called in during an emergency and that someone would wait with the patient in distress until help came. The independent living community had a contract in place that outlined the policy, and the director said that residents were informed of the no CPR rule when they moved in. At the adjacent assisted living and skilled nursing facilities, no such policy was in place.

USA Today reports that an investigation is underway by local police, as well as an internal investigation of the nursing home. According to their article, the daughter of the woman who died said she was not dissatisfied with the handling of the case since there was a do not resuscitate order on file. However, if the surviving family members had been displeased, then they might have been able to file a claim for nursing home neglect.

Of course, the existence of the contract and policy might have absolved the nurse and assisted living facility of the obligation to render aid, especially since there is no general duty to provide assistance to others under the law. However, a solid argument could also be made that it was grossly negligent to stand by and watch someone die who was under the care of the facility when simply performing CPR might have saved a life.

Without a lawsuit, the impact of the contract on liability for negligence in the death is something that an only be speculated about. It is clear, however, that this incident should serve as a very important reminder to ALWAYS check your nursing home or assisted living community paperwork before moving in so you know what your guaranteed rights are.... and aren't.

Continue reading "Carolina Nursing Home Neglect: Nurse Lets Patient Die" »

November 10, 2012

Graves v. CAS Medical Systems - Expert Witnesses & Proper Trial Preparation


Building a case for the courtroom requires a Carolina personal injury or wrongful death attorney with the knowledge, experience and resources necessary to win adequate compensation for victims and families.

When one of those ingredients is missing, the at-fault or negligent party too often prevails. 824136_empty_crib.jpg

The recent South Carolina Supreme Court ruling in Graves v. CAS Medical Systems highlights what can happen if your expert witnesses are unprepared or unqualified.

India Graves was one of triplets born prematurely. After six weeks in the hospital, all three girls were sent home with their parents and a CAS monitor to alert parents to any breathing or cardiac issues during the night. The equipment was also outfitted by CAS with a microphone system that tracked whether or not the system's alarm sounded.

On the night of April 11, India was attached to the monitor when she was put in her bassinet about 2 a.m. When mom returned at 4 a.m., she found her sisters were fine but India was unresponsive. An autopsy reported the cause of death as Sudden Infant Death Syndrome.

The Graves filed a suit citing negligence, breach of duty and strict liability due to a design defect involving the computer code. However, the circuit court granted summary judgment to CAS after granting a motion to exclude all four of Graves' expert witnesses.

While three software engineers were prepared to testify that a glitch in computer code was likely responsible, the court noted none of the three had spent significant time with one of the monitors. And all three agreed a hardware defect was not to blame. The fourth expert in the Graves' case contended the infant likely could have been saved with timely medical attention. However, that witness was not an expert in SIDs.

We can only speak in generalities because we do not know the specifics of the efforts to prepare this case for the courtroom. However, sometimes a firm lacks the resources to hire the leading experts, or to pay them to spend time examining a machine for defects. Sometimes just paying for testimony stretches a firm's resources. In other cases, a firm may accept a case hoping to get a settlement.

And in still other cases a law firm may divide its attention among several types of law, including wrongful death, criminal defense and divorce. Often, these firms do not have the working relationships and professional contacts necessary to build a strong case using expert witnesses.

The court attempts to vett expert testimony, and producing witnesses who lack the knowledge or experience to qualify as experts can be disastrous. As can testimony of questionable scientific validity or value.

In this case, CAS argued the backup system recorded the alarm sounding during more than 30 documented respiratory or cardiac episodes suffered by India in the early morning hours. And it moved to exclude all witnesses as failing to meet the legal requirements to give scientific testimony under State v. Council, 335 S.C. 1, 515 S.E.2d 508 (1999). The Graves filed a Rule 59(e), SCRCP motion, arguing for a chance to proceed based on circumstantial evidence even without the expert testimony. The court denied the motion and granted summary judgment on behalf of CAS.

Summary judgement is a judgment against one party issued by the court without a full trial, frequently because there are no material factual issues left for a jury to decide. In other words, the plaintiff has failed to prove his case.

As it happens, the court also reports the appeal was improperly filed, which caused the Graves to forfeit several appeal issues the court might have considered.

Choosing a law firm carefully in the aftermath of serious or fatal injury is critical when it comes to securing the damages you and your family deserve as you work toward recovery.

Continue reading "Graves v. CAS Medical Systems - Expert Witnesses & Proper Trial Preparation " »

January 19, 2012

Car Accident in Conover Ends in Fiery Explosion


Officers are trying to figure out what exactly caused a recent fatal car accident in Conover on Reese Drive. What they know already is that the vehicle involved swerved off the road, hit a bunch of trees and ended up in flames after the gas tank erupted, according to WSOC9.
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Our Conover personal injury attorneys understand that a number of injuries can result from a car accident, but we often fail to neglect to think of burns in the incidents. Burns can result from car accidents and a number of other types of accidents as well. Someone dies from a burn accident in the U.S. in 2010 every 169 minutes. Someone is injured from these accidents every 30 minutes. Although the top cause of fire-related deaths isn't motor-vehicle accidents, it is still something for which to be on the lookout.

In 2009, nearly 90 percent of all fire-related fatalities in the county happen in homes. In 2010, fire fighters responded to nearly 385,000 household fires in the U.S. These fires took the lives of nearly 3,000 people and injured another 13,350 throughout that year.

According to The Burn Resource Center, there are a number of factors that can be used to determine just how severe a burn is. Burns are classified by depth and they may be first, second, third or fourth degrees.

First-Degree Burns: These types of burns are red and very sensitive to touch. In a first-degree burn, the skin will appear blanched when you apply pressure to it. These types of burns involve only a little bit of tissue damage, which only affects the epidermis. A sunburn is a good example of a first-degree burn.

Second-Degree Burns: These types of burns affect both the epidermis and the layer underneath that, the dermis, or top layer of skin. These types of burns cause blisters, swelling, pain and redness. They also often affect hair follicles and sweat glands. If these types of burns aren't treated, decreased blood blow and swelling can occur, which can cause the turn to turn into a third-degree burn.

Third-Degree Burns: These types of burns affect the epidermis, the dermis and the hypodermis. These burns cause the skin to char or to turn a translucent white color. With these burns, the area affected can be numb although the victim will feel pain. Healing of these types of burns takes a much longer time to heal because the skin tissue and the structures are already destroyed. Third-degree burns typically result in extensive scarring.

Fourth-Degree Burns: These types of burns are often called full-thickness burns as they affect all lawyers of the skin in addition to the structures below. The structures include muscles, ligaments, bones and tendons. These kinds of burns aren't painful because of the destruction of nerve endings. Treatment for these burns can include skin grating and surgery and they can cause life-threatening injuries, amputation or a lifetime of rehabilitation.

Continue reading "Car Accident in Conover Ends in Fiery Explosion" »

December 15, 2011

Chevy Volt Safety Tests Reveal Possibility of Fire Hazard After Car Accidents in Asheville and Elsewhere


General Motors is offering to buy back your Chevrolet Volt. According to the National Highway Traffic Safety Administration (NHTSA), the Volts are under a thorough investigation after the vehicles were discovered to pose a fire hazard after side-collision safety testing. A car accident in Asheville and elsewhere involving a Chevy Volt could potentially lead to safety issues in the future.

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In recent crash studies, the NHTSA determined that, during a side collision, the vehicle's coolant line could rupture and the vehicle's lithium-ion battery could catch fire. The Department of Defense (DOD) and the Department of Energy (DOE) are working alongside the NHTSA to collect information regarding the potential for fire in electric vehicles.

Our Asheville car accident lawyers understand how important it is to research vehicles for purchase and to stay up-to-date with the latest vehicle recalls. Drivers are urged to check out the Safecar.gov website frequently to ensure that their vehicles aren't putting them at risk for an accident. Long after a vehicle is manufactured, officials can determine there are problems that could cause injury to motorists. Please review this information frequently to help reduce your risks of an accident.

The Chevy Volt has not been recalled yet, but will be if the NHTSA determines that there's an unreasonable risk to safety. If a recall is issued, officials from General Motors will take the appropriate measures to notify drivers.

While these investigations are taking place, GM Chief Executive Dan Akerson says that the company is willing to buy back any Volt from concerned consumers. The automaker is also offering to loan out a temporary vehicle to owners until the safety concerns are resolved as well.

"While the investigation is going on, we will do whatever it takes to allay concerns and keep our customers happy and if that includes repurchase, we will work individually with any customer," says GM spokesman Greg Martin.

Currently, there have been nearly 10,000 Chevy Volts sold in the U.S. Only about 30 of these vehicle owners have asked the company for a loaner vehicle. The company has yet to determine exactly how the repurchase plan would work.

Jessica Caldwell, an auto analyst with Edmunds.com, says that the company is lucky that the problem involves such a small number of vehicles. If the Volt would have been more popular, then a recall or a buyback plan would be more difficult and costly.
General Motors would like to reiterate that there have been no reports from consumers of any fires. These allegations are only based on incidents that had taken place during testing.

John O'Dell, with Edmunds.com, says that he doubts that many owners will come forward with a buyback request considering the vehicles get about 40 miles per full electric charge and hundreds of miles when the gasoline power kicks in.

We understand that consumers nationwide have been waiting for electric cars for quite some time now. Still, these vehicles can pose fatal complications just as gas-powered vehicles can. Owners of all motor vehicles should check out the Safecar.gov website to make sure their vehicle is safe and isn't reporting any problems.

Continue reading "Chevy Volt Safety Tests Reveal Possibility of Fire Hazard After Car Accidents in Asheville and Elsewhere" »

October 4, 2011

Hunting Accidents in Hickory, Statesville an Autumn Danger for All North Carolina Residents


Hunting season can be dangerous for many reasons, so our Gastonia accident attorneys want to reiterate the importance of taking necessary safety precautions to reduce the risk of an accident from occurring. Hunters are at risk of falling from a tree stand, stumbling on tree roots, shooting themselves or someone else, all of which can lead to serious or even fatal injuries.

In many cases, the urgency and quality of medical attention can be critical to survival when a hunter is injured or shot. Contacting an injury lawyer for consultation can help assure your rights are protected.

At a North Carolina Paramedic Competition recently, EMS first responders were practicing their skills on a hunter shot in a mock hunting accident in Greensboro. The News & Record reports the simulated hunting camp helps prepare paramedics and EMS personnel on what to do in an emergency situation when a hunter falls off a tree stand from an allergic reaction, has a heart attack in the middle of the woods, or gets shot while hunting. Though the competition is meant as a learning tool for first responders, it directs our attention to how dangerous of a sport that hunting can be.
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Between 2007 and 2008, the North Carolina Wildlife Resources Commission reported 36 hunting accidents, 8 of which were fatal. There had only been one other year since 1990 that as many as 8 fatalities had been reported in a single hunting season.

Injuries and deaths were spread out in several different counties but Harnett and Moore counties were the only two which reported more than 2 hunting accidents in that time period. Several of the accidents were caused by a hunter falling out of a tree stand and for failing to use a safety belt. Other accidents were caused by careless handling of firearms, stumble or fall, faulty equipment or a victim being mistaken for game or moving into the line of fire.

The most fatal and non-fatal accidents occurred while deer hunting. The two most dangerous times of the day for hunting accidents in those years were 6 a.m. to 12 p.m. and 4 p.m. to 8 p.m., with 12 reported accidents occurring during each time period. The age groups injured the most in accidents were 20-29 year-olds followed by 40-49 year-olds.

In those two years, 22 percent of hunting accidents were caused by a shooter in violation of the law at the time of the accident. This could be in large part because only 32 percent of hunters had taken a hunter education course. It is vital for hunters to be trained and educated in order to reduce the number of accidents that occur each year. For the most updated hunting regulations effective August 1, 2011 to July 31, 2012, visit NC Wildlife Resources Commission online.
Hunting Safety Tips:


  • Always hunt with a friend and let someone know where you will be hunting.

  • Inspect hunting equipment before and after each hunting expedition.

  • Wear a blaze orange hat or coat to ensure visibility for other hunters. Also dress appropriately to prevent hypothermia.

  • Before shooting, identify your target.

  • Always use haul lines and safety belts in tree stands.

  • Never run with your finger on the trigger. Keep gun unloaded and safety lock on when gun is not being used.

  • Never set up for target practice in a residential area.

Continue reading "Hunting Accidents in Hickory, Statesville an Autumn Danger for All North Carolina Residents" »

August 26, 2011

Residents in North Carolina Asked to Prepare for Hurricane Irene


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.
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"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" »

August 18, 2011

Legislation Would Limit Compensation on North Carolina Malpractice Claims, Leaving Victims to Pay Out-Of-Pocket


Slated to start in October, a reformed medical malpractice bill could discourage North Carolina lawyers from taking on those kinds of cases, says an article in the Star News.

Some think a drastic increase in malpractice filings could occur prior to the October start date. The reformed law puts a $500,000 limit on certain types of compensation that a person can be awarded.
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Our personal injury lawyers in Gastonia think this law is completely unfair considering many long-term injuries exceed well over the capped amount when all is said and done. Though big business interests failed in passing caps on workers compensation, they succeeded in passing them on medical malpractice claims. Studies have shown less than 10 percent of the cost of medical care has anything to do with malpractice claims - or less than 1 year of increased premiums. Meanwhile, an estimated 100,000 people a year died due to medical error - three times more than die in car accidents.

Supporters of the bill say the changes will decrease the cost of medical insurance and boost the economy. There will be no limit on the amount paid for suffering and pain if two of the following conditions happen: disfigurement occurs, functioning of any part of the body is lost or is permanently damaged or if a person dies and actions of the defendant were negligent or reckless.

A representative for the North Carolina Advocates for Justice, an organization of lawyers that help defend individual rights, said it is likely that lawyers will take on less medical malpractice cases. The malpractice bill was vetoed by Governor Beverly Perdue but policymakers later overrode the veto.

It is likely the bill will have legal confrontations on its constitutionality. Supreme Courts in Illinois and Georgia have already dismissed laws that put a cap on compensations. The same could happen in North Carolina, though it is not expected any time soon.

First, the case would have to be filed after October 1. A malpractice case can take as long as 2 years to go to trial. Then, a person would have to be awarded damages over the cap. Following that, the appeals process would start. Recently, a past Supreme Court Chief told policymakers he felt a law putting a cap on damages awarded by juries would be unconstitutional.

Several local attorneys are watching to see if there is a change in the amount of malpractice cases after the new law. North Carolina Advocates for Justice looked at statistics from 1998 to present day on the quantity of malpractice cases that have been filed.

Their research concluded that the amount of cases has decreased in recent years. Medical malpractice declined over 19 percent from 2008 to 2010. There were only 7 cases in New Hanover County since 1998 that had jury trials and only 2 of the cases were successful with damages awarded of $25,000 and $10,000.

Continue reading "Legislation Would Limit Compensation on North Carolina Malpractice Claims, Leaving Victims to Pay Out-Of-Pocket" »

May 28, 2011

One person killed, another injured, after fall from Greensboro carnival ride


A fatal fall from the Ferris wheel at the Greensboro Youth Council Carnival marked the first North Carolina carnival injury in nearly 10 years, according to News & Record.

Investigators have so far revealed that the accident injured one other worker. A malfunctioning cable is suspected to have caused the accident, according to Greensboro police Cpl. Mike Matthews.
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Our North Carolina personal injury attorneys understand that these entertaining attractions can be dangerous for both workers and visitors. Injuries often result from carnival visits as there are dangers lurking around every corner. Rides are put together and taken apart in a matter of hours, while wires and cords line the ground to power the music and lights.

The fall reportedly happened a short time before 2 a.m. in the Greensboro Coliseum's parking lot. The two men were at different ends of the ride they were dismantling.

Both workers involved in the accident were taken to Moses Cone Hospital. One worker was pronounced dead at the hospital, and the other remains in critical condition.

After the accident, workers were required to answer questions from the Occupational Safety and Health Administration and police investigators.

The Greensboro Youth Council Carnival attracts roughly 50,000 visitors each year and offers about 25 different rides. Last weekend markedthe carnival's sixth annual event.

The Ferris wheel was built in 1965. It is the only reproduction made of the Seattle Wheel, which was built when the city hosted the 1962 World Fair. The Ferris wheel is 90 feet tall and has 16 separate buckets. It was reported to have been renovated in the late 1990s. It has been in operation and on the road since June 2000.

In North Carolina, the rides of traveling amusement parks are required to be inspected by the state Department of Labor's Elevator and Amusement Device Bureau every time they are put together and set up for use.

OSHA hasn't had to issue any citations to the company since 1972, which was the first year citations were tracked, according Neal O'Briant, spokesman for the Department of Labor's OSHA division.

The carnival is now headed to Roanoke, Va., for a fair that starts Wednesday evening.

We recognize the summer months are popular for these entertaining attractions, but all fair-goers are urged to practice caution.

Continue reading "One person killed, another injured, after fall from Greensboro carnival ride" »

May 21, 2011

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


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.
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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" »

December 10, 2010

North Carolina mall accidents a holiday danger


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.
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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" »