North Carolina dog owners are responsible for injuries caused by their pets if they know that the pet is dangerous. Normally, in order for a dog owner to be held responsible for injuries caused by their dog, it must have exhibited some aggressive behavior, or have bitten or injured someone in the past, putting the owner on notice that the dog is potentially dangerous. There are some circumstances, however, in which a dog owner will be responsible for injuries even if the dog has not had its “one bite.” Dog Bites In North Carolina If a dog over the age of [...]
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So far bmagnosi has created 27 blog entries.
School bullying is not new, of course, but social media has allowed bullies to take their tormenting to a new level, often making it impossible for their victims to escape, even in the privacy of their own homes. Cyberbullying can become so intense that victims often suffer from severe anxiety and depression. Tragically, some victims end up taking their own lives. The family of a teen suicide victim in California has filed a wrongful death suit against the child’s school district after she was tormented for months by a group of students. The parents allege that the school district knew about the bullying but did nothing [...]
Medical malpractice cases in North Carolina are governed by statute. North Carolina medical malpractice laws govern time limitations, places limits on certain damages while outlining requirements for the evidence required in medical malpractice suits. Expert Review Required North Carolina is more restrictive than many states when it comes to medical malpractice cases. Before a malpractice action can be filed against a physician or health care facility, the claimant must employ an expert to review the case. The expert must be familiar with the standard of care for physicians in the area of practice that is the subject of the lawsuit, and must sign a sworn [...]
If you are injured on the job, worker’s compensation insurance will pay your medical expenses, including long-term expenses like physical therapy and rehabilitation services. In many cases, workplace illnesses or accidents result in long-lasting or chronic pain, which is treated by pain management therapy. Pain Management Changes For Worker’s Compensation Claimants Pain management may take many forms, including regular physical therapy, periodic steroid or corticoid injections, and medication. The North Carolina Industrial Commission has recently implemented new rules for pain management treatments, designed to reduce the chance of opioid addiction in worker’s compensation claimants with chronic pain. The new rules, which went into effect on May 1, [...]
Fall is in the air and Halloween is right around the corner. With parties for both children and adults, trick-or-treating in malls, churches, and on the streets, haunted houses and corn mazes, there are plenty of opportunities for family fun. However, there are also plenty of opportunities for accidents. Tips For Keeping Safe During Halloween Safe Kids Worldwide, a non-profit organization dedicated to children’s safety, publishes a list of Halloween safety tips for children and adults. A few of these include: For children: Choose a costume that allows for ease of movement and does not impede walking. Choose face paint over masks as masks tend to make it more difficult [...]
You are walking down the sidewalk in your neighborhood, minding your own business, and your neighbor’s dog runs up and sinks its teeth into your leg. Your neighbor is responsible, right? After all, the dog wasn’t even on a leash! You may be surprised to find out that your neighbor is not automatically responsible for your medical bills. That may depend on the dog’s history, the time of day, end even where you live in North Carolina. North Carolina General Statutes Section 67.12 Many people are surprised to find out that there is no statewide leash law in North Carolina. There are only two statewide laws [...]
Normally, when you are injured on someone’s property, you may be able to assert a claim for your damages if you can prove that the owner failed to maintain the property, failed to warn you about a known hazard, or allowed a hazard to remain after being informed of it. What happens when the owner of the property is the government? Injuries that occur in public parks, swimming pools, or government buildings are treated differently than those on private property. The North Carolina Tort Claims Act Normally, governments are immune from lawsuits by their citizens, but governmental agencies may waive that [...]
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 [...]
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 [...]