In addition to the statutory Dram Shop causes of action described in earlier posts, attorneys may bring a common law negligence claim against anyone who provides a visibly intoxicated person with alcohol. The first case to address this social host liability was: As to the cause of action for liability under common

From 1965 until 1998, nursing home facilities were paid on a cost-based reimbursement system by combining cost reports with the number of patient days. In 1998 payment was switched to Prospective Payment system, which is more of an acuity based system. Facilities perform a full assessment on each resident and compile the

In North Carolina, NCGS section 18B-120 and the subsequent sections address injury by drunk drivers that are under the age of twenty-one. The following sections address drunk driving by adults: § 18B-305. Other prohibited sales (a) Sale to Intoxicated Person. — It shall be unlawful for a permittee or his employee or for

Around nine years ago, I was assigned a case on the eve of trial by a senior attorney in a prior personal injury firm. The attorney didn’t want to try the case because “it was a loser”. I understood her position as there was literally no property damage whatsoever to either car. Not even

Recently, the New York Times had an article that addressed the lack of accountability for generic drug manufacturers. The U.S. Supreme Court held that generic drug suppliers don’t have the same disclosure and warning requirements that brand name drugs have. So, be careful when taking generic medications. The medication will be the

North Carolina law regarding a bar, restaurant or nightclub’s potential liability for the sale of alcohol to an underaged person and drunk driving can be found in NCGS 18B-120: § 18B‑121. Claim for relief created for sale to underage person. An aggrieved party has a claim for relief for damages against a permittee or

All nursing home staff, defendants and most attorneys state that the minimum staffing requirement in North Carolina is 2.1 nursing hours per patient day (nhppd) based on the administrative code.[i] However, this is overly simplistic and only addresses one subsection of the code. The other subsections provide further instruction. For example, according to

Facility information on staffing can be found through a variety of sources. The primary pre-suit source of information is the facility licensing file. Of course, you should never file suit without this file as it should help shed light on the true operators and owners of the facility. The licensing file will

How much staff is needed in a skilled nursing facility to provide reasonable care? Of course, the specific answer depends on who you ask. Since “he who pays the piper calls the tune” and federal and state governments provide the bulk of reimbursement to skilled facilities, facilities must follow some basic governmental

Arden, North Carolina is the site of a recent car collision and fatality. Authorities have reported that T. Ashby, only 13 years of age, was illegally behind the wheel with passenger – and friend – Z. Joyce, 15 years of age. The two reportedly took a 2004 Toyota truck of one of