It’s September already, and the kids are back in school. When you put your children on a school bus, you are entrusting their safety to the driver, an employee of the city. You are also trusting other drivers to know and follow the laws relating to approaching and passing school buses. Take Extra Precautions All drivers traveling in both directions are required to stop for a school bus when it is stopped for passengers, except for drivers on a four-lane divided highway traveling in the opposite direction of the bus. Unfortunately, not all drivers pay attention to the laws and may [...]
About bmagnosiThis author has not yet filled in any details.
So far bmagnosi has created 20 blog entries.
If you are injured in a rear-end collision, you may assume that the driver who hit the back of your vehicle will automatically be found to be at fault. In most cases, your assumption would be correct; however, there are some circumstances where the driver in front may share some responsibility. Contributory Negligence Two North Carolina rules of law may come into play in a rear-end collision case. The first is called contributory negligence and this covers situations where more than one party in an accident bears some responsibility for the crash. Many states follow a comparative negligence rule where a [...]
The legal term for civil liability when a death is caused by the negligent or intentional act of another is “wrongful death.” The North Carolina wrongful death statute governs who can file a claim for wrongful death, and the time limits for pursuing a claim. This time limit is called the statute of limitations. In most cases, the statute of limitations for wrongful death in North Carolina is two years after the person’s death. Who Initiates a Wrongful Death Action? Actions for wrongful death in North Carolina are brought by the personal representative of the deceased person; the representative will be [...]
If a health care professional makes a mistake and a patient is injured or killed, an action for medical malpractice may be brought against the person or entity responsible for the injury. In any medical malpractice case, you must prove that the doctor or hospital failed to exercise the proper standard of care in the treatments. What exactly is the standard of care, and how can you prove that a doctor’s actions fell below the accepted standard? What is a Standard of Care? The standard of care is what a reasonable health care professional would do in the given circumstances. If [...]
The American Psychological Association recognized Post Traumatic Stress Disorder (PTSD) as a unique psychological condition in 1980, and characterized the condition as a series of symptoms brought on by a traumatic event. Originally applied to veterans returning from combat, PTSD has since been recognized as a condition that can result from witnessing or experiencing any unusual traumatic event. Common Symptoms of PTSD Intrusive recollection or “flashbacks” - PTSD sufferers often experience flashbacks of the traumatic event, evoking panic, anxiety, grief, and depression. Flashbacks may be triggered by sights, sounds, smells. Avoidance - Sufferers may avoid anything that might remind them of the traumatic event, sometimes to the extent that [...]
All-terrain vehicles, or ATVs, are popular with adults, teens, and children in North Carolina. It is important to exercise caution when riding an ATV, as they can be dangerous. Over 650 people die each year in ATV accidents and close to 100,000 more suffer an injury of some kind. Before operating an ATV in North Carolina, you should familiarize yourself with state laws regarding their use: ATVs are not allowed on public roads, except when crossing. Children under the age of eight are not permitted to operate ATVs. Children between the ages of 8 and 12 may only operate ATVs with an engine capacity of 70cc or less, and children between the ages of 12 [...]
North Carolina, like many states, follows a “one bite” rule in determining an owner’s liability for injuries inflicted by pets. If a dog has previously bitten or attacked someone, or has been declared by a local animal control agency to be “potentially dangerous,” the owner is on notice that their pet is dangerous, and will be held strictly liable if the pet injures someone. Strict liability means that the owner does not have to be found negligent in order to be found responsible for injuries or property damage resulting from an attack by his pet. Aggressive Breeds Animal lovers, animal control [...]
Police dash cam footage has been in the news a lot in recent years, mainly as it relates to showing events that led to an arrest or shooting of a suspect. As the price of dash cams decreases, more private citizens are installing them on their own vehicles. A typical dash cam can cost between $50 to $200, and can be installed easily. Are Dash Cams Legal in North Carolina? There is no law in North Carolina prohibiting the use of dash cams. North Carolina does not prohibit windshield mounted devices, but if you do install a dash cam, however, make [...]
Summer is here, with the hot, humid weather that signals the flight of the snowbirds back to Canada and other points north. For full-time residents of the southern states, summer time means pool time. For an unfortunate few, a fun day at the pool can end in tragedy. When we think of the possible dangers of public or private swimming pools, the first thing that comes to mind is the danger that a small child might fall into a pool and drown. In fact, there are many possible hazards associated with pools, including injuries sustained while jumping or diving into shallow [...]
In March of this year, a Colorado jury awarded a verdict of nearly four million dollars to the families of three families whose loved ones had died of cardiac arrest after being treated at dialysis centers run by DaVita, Inc. DaVita operates hundreds of dialysis centers throughout the country. Additional lawsuits have been brought against the manufacturer of the dialysis treatment drug Granuflo, used in the treatment of the Colorado patients and others until it was recalled by the FDA in 2012. A jury in California recently awarded seven million dollars to the family of a man who committed suicide in [...]