Social Host Liability and Common Law “Dram Shop” negligence– a person who serves alcohol to an “obviously intoxicated” person when it is reasonable to expect that person will soon thereafter operate a motor vehicle. (standard 3 year SoL includes social hosts) Social Host Liability – The court held that the injured party had not stated
Dram Shop and Minors
N.C.G.S. § 18B-120-129 the permittee or the local ABC board: (1 year SoL, only minors, and max recovery is $500,000) (BUT Parents can sue over a child’s death case) (Also, there is an argument to be made that visible intoxication shouldn’t be necessary) § 18B-120. DefinitionsAs used in this Article:(1) “Aggrieved party”
Dram Shop and Adults
N.C.G.S. § 18B-305. Other prohibited sales (Adults unlike Section 120 minors)(a) Sale to Intoxicated Person. — It shall be unlawful for a permittee or his employee or for an ABC store employee to knowingly sell or give alcoholic beverages to any person who is intoxicated.(b) Discretion for Seller. — Any person authorized
Nursing Home Abuse Neglect Attorneys in North Carolina
One of the few things that can make nursing homes in North Carolina change and provide better care is the threat of litigation by nursing home abuse and neglect attorneys. It seems that we are one of the few groups they will listen to. CNAs and nurses work very hard in nursing homes
Gun Control, the Right to Bear Arms, and Mental Illness
Hearing President Obama read the names of the children who were killed in Newtown was heartbreaking. In the background, you could hear the families gasp when their child’s name was called. That struck straight to the heart of every parent watching… what would I do if he spoke my child’s name? Every
Bulging or Herniated Disc Cases
Bulging or herniated disc cases are hard fought by insurance defense attorneys. They will rightfully argue that bulging discs can be part of the natural degenerative process, it is part of just getting old. You point out that you never had any pain or problems with your back before the car wreck
Fraud on the Elderly
It is that time of the year again, where many people are fooled into giving personal information to others. The most vulnerable part of our population are the elderly. They are just too nice and trusting with personal information. A local woman intentionally targeted the elderly for identity fraud. I received the
Do I Need an Injury Lawyer?
“Do you need a lawyer?” Well, it depends. The easiest answer would be to simply say yes. The law has become very complicated. I have seen many cases screwed up by people trying to do it themselves. Car wreck and injury attorneys not only have three years of law school, but most
What to Expect From Jury Duty
All of the following comments apply to civil court only, as I don’t handle any criminal cases. Civil court hears personal injury, contract disputes and other types of dispute cases. In criminal it is the government against a defendant. In civil court, it is people suing a defendant. If you are summoned
You Pay for Car Insurance, Do They Then Work for You?
Do you think that you are in “Good Hands with Allstate”, “Nationwide is on your side” or “Like a good neighbor, State Farm is there”? If you have UIM motor vehicle coverage, you may be in for a huge surprise. If you are in a car wreck that is someone else’s fault,