December 2011

Obtaining North Carolina Dog Bite Compensation is More Challenging Without Legal Help

December 31, 2011, by Michael A. DeMayo

Our Charlotte, North Carolina personal injury law firm represents victims who were injured in dog attacks. Because the state has a one-bite rule, it can be tough to get compensation if you were the first person that the dog attacked. This doesn’t, however, mean that your claim is not valid or that you can’t obtain recovery. Working with a North Carolina dog bite lawyer will increase your chances for recovery. Also, there are exceptions to the one-bite rule if:

  • The dog is over six months old
  • The owner purposely allowed the dog to run “at large”
  • The attack occurred at night

The state has a strict liability clause that says a dog owner of a dangerous (or potentially dangerous) canine is liable for civil damages when severe personal injury or property damage results. A dangerous dog is one that has caused serious injury or killed a person without provocation. A potentially dangerous dog is one that has inflicted a bite injury on a human that resulted in disfiguring lacerations or broken bones, caused severe injury or killed a domestic animal, or gone after someone in a vicious way when not on the owner’s property.

At the Law Offices of Michael A. DeMayo, LLP, we know how traumatic a dog bite can be. We are also familiar with the serious injuries that can result. Our Charlotte, North Carolina dog attack lawyers are committed to helping our clients recoup the compensation they are owed.

Factors contributing to whether a dog may bite someone:

  • The breed of the dog
  • The characteristics of the dog’s parents
  • How poorly/well the dog has been socialized
  • The quality of dog training received
  • The dog’s health (a sick or injured dog may be more likely to bite)
  • The behavior of the victim

Examples of dog bite injuries:

  • Punctures
  • Crush injuries
  • Abrasions
  • Tissue damage
  • Bone fractures
  • Scars
  • Rabies
  • Capnocytophaga canimorsus infection
  • Cellulitis
  • Scarring
  • Facial disfigurement
  • Sprains

You may be entitled to compensation for lost wages, pain and suffering, medical costs, permanent disability, permanent scarring, loss of enjoyment of life, wrongful death, and other damages. Our Charlotte, North Carolina injury law firm is also familiar with the emotional and psychological trauma that can result from being attacked by an animal.

The sooner you explore the legal options the better for you. There is no reason why you should have to shoulder the costs of someone else’s negligent actions.

To request your free case evaluation, contact us via our Web site or call 1-877-529-1222. The Law Offices of Michael A. Demayo, LLP has recovered over $275M for our clients and their families. We are here to protect accident victims and get them the compensation they need so that they can rebuild their lives.

Union County, North Carolina Dog Bite Lawsuit Blames School Staff for Incident on Playground, North Carolina Injury Lawyer Blog, August 31, 2011

Waxhaw Pit Bull Attack Leaves 5-Year-Old Dead and Her Grandmother with Serious Injuries, North Carolina Injury Lawyer Blog, December 1, 2010

Eye Complications Can Develop in Children Suffering from North Carolina Dog Bite Injuries to the Face, North Carolina Injury Lawyer Blog, October 29, 2010

FDA Study Finds that Metal-on-Metal Hip Implants Don’t Offer A Lot More Advantages Than More Traditional Devices

December 29, 2011, by Michael A. DeMayo

According to a study commissioned by the U.S. Food and Drug Administration (FDA), metal-on-metal hip implants and ceramic-on-ceramic hip implants don’t appear to offer a lot more advantages than the older ceramic-on-polyethylene and metal-on-polyethylene versions. People who were implanted with all-metal hip devices also appear twice as likely to have to undergo revision surgery.  (Researchers in charge of the study compared newer and more traditional hip implants by looking at 18 studies involving over 3,000 patients. The results from 830,000 hip replacement surgeries were also examined.)

Meantime, according to WebMD, data from the registries in England and Wales, New Zealand, and Australia showed that metal-on-metal hip implant devices have exhibited higher rates of early implant failure than the metal-on-polyethylene versions. Also, there is no evidence that the newer types of hip implants do improve quality of life or functioning or decrease the need for repeat surgeries. In fact, a recent study that was conducted in England found that all-metal hip devices had a three times greater rate of early failure than their metal and plastic counterparts, which can last for up to 15 years or longer.

Throughout the state, our Charlotte, North Carolina defective medical device lawyers represent clients who suffered injury from DePuy hip replacement devices and other hip implants. Contact the Law Offices of Michael A. DeMayo, LLP today and ask for your free case evaluation.

The New York Times reports that legal and medical experts believe that hip failures could cost billions of dollars in the years to come—especially as not just one device or one company but an entire class of products are involved. Already, more than 5,000 defective all-metal replacement hip lawsuits and complaints have been filed. Many of these defective medical device lawsuits (by over 3,500 patients) were filed against Johnson & Johnson over its recalled DePuy hip implants. DePuy is also the defendant in more than 560 defective hip device lawsuits involving its Pinnacle model. In the next 10 years, tens of thousands of US patients may have to undergo replacement procedures.

Many of the devices are failing because the worn metal parts are damaging tissue, crippling patients, or shedding debris. It was just earlier this year that the FDA told 21 manufacturers of all-metal hip implant devices to commission post-market studies to determine whether their medical devices was shedding toxic amounts of metal debris inside patients.  Hip implant makers who received the notice included DePuy, Zimmer, Biomet, Stryker, and Wright Medical. One reason this debris is proving dangerous is because after the body emits scavenger cells to neutralize these foreign particles, they can turn into biologically active metal ions that can damage the muscle and tissue. Even now, there may be many implant users whose tissues are being destroyed even though they are not experiencing any obvious symptoms.

The High Cost of Failing Artificial Hips, The New York Times, December 27, 2011

Metal-on-Metal Hip Implants Offer No Advantages over Older Versions, FDA Study Finds, News Inferno, November 30, 2011

Metal-on-metal hip implants, Food and Drug Administration

More Blog Posts:

North Carolina Defective Medical Device?: FDA Warns of Serious Complications from Using Transvaginal Mesh to Repair Pelvic Problems, North Carolina Injury Lawyer Blog, July 27, 2011

Approximately 1,000 DePuy Hip Lawsuits Already Filed Against Johnson & Johnson, North Carolina Injury Lawyer Blog,  July 7, 2011

Protecting Americans from Defective Medical Devices: Is the FDA Doing Enough?, North Carolina Injury Lawyer Blog,  February 18, 2011


Two Newton, North Carolina High School Students Suspended Following Alleged Hazing Assault

December 22, 2011, by Michael A. DeMayo

Two Newton-Conover High School students were arrested last week after they were accused of assaulting a freshman while allegedly hazing him. All of the students involved belonged to the school’s wrestling team. Depending on what happened and the extent of the freshman’s injuries, he and his family could have grounds for a Catawba County, North Carolina personal injury case.

According to school superintended Barry Redmonds, the incident occurred last week. Team members were gathered in the practice room when someone turned out the lights while another team member put the freshman in a wrestling hold. That was when a third person allegedly assaulted him.

The student who held the freshman down claims and didn’t know that the assault was going to happen was suspended for three days. The other student who allegedly committed the assault was suspended for the rest of the semester and kicked off the wrestling team.


If your son or daughter was involved in a hazing incident at school, you may want to speak with an experienced Newton personal injury law firm to find out about your legal options.

Hazing is sometimes used as an initiation practice for new members joining a group. It is most often associated with joining a college fraternity or sorority. However, other groups have been known engage in hazing.

Although considered by many to be in good fun, hazing can take a dangerous turn if the person that is the target gets hurt. Alcohol poisoning, sexual assault, and physical assault are just some of the more dangerous consequences of hazing gone awry. Death may even result.

The practice of hazing has been widely written about in the media lately in the wake of the death of a Florida A & M University student. Robert Champion Jr., who belonged to the marching band, died last month after he was allegedly hazed. According to one expert who looked at Champion’s final autopsy report, which was released this week, the 26-year-old student had sustained the type of muscle damage that is commonly associated with child abuse, extensive seizures, car accidents, and torture.

It was just last week that the medical examiner’s office called Champion’s death a homicide. His family will likely file a wrongful death lawsuit against the school.

Following Champion’s death, Bria Hunter, another Florida A&M University student, is suing the school for personal injury because says she too was brutally hazed by members of the marching band. Hunter claims that she sustained a cracked femur from the beating.

North Carolina Personal Injury

Schools can be held liable if students are injured while under their supervision. It is the responsibility of school officials to make sure that activities that take place do not place anyone at risk of serious injury or death. To determine whether you have grounds for a Newton, North Carolina personal injury case, you should contact the Law Offices of Michael A. DeMayo, LLP today.

Expert: Autopsy of Florida A & M drum major shows badly beaten muscles, CNN, December 22, 2011

2 NC High school wrestlers face hazing suspension, WRAL, December 20, 2011


More Blog Posts:

Former Penn State University Assistant Coach Jerry Sandusky Hit with First Child Sex Abuse Lawsuit, North Carolina Injury Lawyer Blog, November 30, 2011

Charlotte, North Carolina Nursing Homes: Bringing Good Cheer to Your Loved Ones During The Holidays, North Carolina Injury Lawyer Blog, November 20, 2011

North Carolina-Based Private Security Company Blackwater is Sued For Wrongful Death, Personal Injury, and War Crimes, North Carolina Injury Lawyer Blog, December 10, 2007


NTSB Calls for Nationwide Ban on Cell Phone Use While Driving

December 16, 2011, by Michael A. DeMayo

After spending a decade recommending that limits be placed on who can use a cell phone while operating a vehicle, now, the National Transportation Safety Board is now calling for a full ban on all cell phones and text messaging devices while driving. Only passengers would retain their right to talk on a phone or text message – unless it is an emergency situation, in which case a driver can call or text for help.

Currently, in North Carolina there is a statewide ban on texting while driving. Unlike a number of states, which have banned drivers from using hand-held cell phones, NC allows most drivers the use of both. The state has, however, prohibited drivers under 18 and school bus drivers from using cell phones. That said, even with such restrictions, this doesn’t mean that motorists are abiding by the laws. Our Charlotte, North Carolina personal injury law firm are aware of the impact that distracted driving can have on a motorist’s ability to drive safely. We represent victims and their families who suffered injury or experienced a death because a driver or another party was negligent and caused a North Carolina car accident.

Unfortunately, even though there is growing awareness of the dangers of texting and other distracted driving behaviors, many people can’t seem to stop. Last week, the National Highway Traffic Safety Administration issued its findings based on a national survey it conducted. Over 6,000 drivers participated.

Per the survey:

  • At any moment in 2010, nearly 1 out of every 100 drivers was either emailing, texting, on the Internet, or using a hand-held device for other purposes while rating. This rate of activity is about 50% over from the year before.
  • Most surveyed said they wouldn’t hesitate to answer an incoming call while driving.
  • Almost 2 out of 10 drivers admitted to sending emails or texting while driving.
  • Drivers in the 21-24 age group were more likely to text and drive.
  • Over half of respondents said making a call while driving doesn’t impact the way they drive.
  • About a quarter of those surveyed had the same opinion regarding how texting or sending emails affected their driving abilities.
  • 90% said they don’t like it when they are riding in car operated by a driver that is texting.
  • Bad weather was the situation during which most respondents would hesitate to talk on a cell phone or text/e-mail while driving.
  • Bumper-to-bumper traffic and rapidly moving traffic were two situations that might compel some driver to stop texting/e-mailing/talking on the phone.

Driver electronic device use in 2010, NHTSA, December 2011 (PDF)

NTSB: Ban all driver use of cell phones, CBS, December 13, 2011

More drivers texting but few think it’s dangerous, survey says, Denver Post/AP, December 9, 2011

More Blog Posts:

Enter Our Charlotte, North Carolina Personal Injury Law Firm’s Drunk Driving Awareness Campaign This Holiday Season and Give Yourself the Chance to Win a Flip Camera, North Carolina Injury Lawyer Blog, December 12, 2011

North Carolina Personal Injury: The Dangers of Road Rage, North Carolina Injury Lawyer Blog, December

Enter Our Charlotte, North Carolina Personal Injury Law Firm’s Drunk Driving Awareness Campaign This Holiday Season and Give Yourself the Chance to Win a Flip Camera

December 12, 2011, by Michael A. DeMayo

This holiday season, our Charlotte, North Carolina car accident attorneys at the Law Offices of Michael A. DeMayo would like to invite you to join us in keeping the number of drunk driving accidents down. Please don’t drink and drive.

To spread the word to your friends and family, we’ve created a powerful new video called “There are no extra lives when you drink and drive.” Please forward this to those you know and post it on your Facebook page, Twitter, and other social media outlets. Let’s make a difference in our community. Participants can join our Flip Camera Giveaway by signing up on our Facebook page. The sweepstakes ends on January 2, 2012. You must be a US resident and at least 18-years of age.

According to national statistics, one out of three people will at some point in their lives end up involved in an alcohol-related collision. It doesn’t help that there are about two million drivers with at least three or more prior drunk driving offenses sharing the roads with our children.

Although drunk driving is a known killer every day of the year, the holidays are an especially dangerous time with so many people out celebrating and drinking. Here are some ways that you can keep yourself and others safe:

  • Don’t drive when you are drunk
  • Assign someone the role of designated driver
  • If you see that someone is too drunk to drive, take the car keys
  • If you are hosting an event, provide non-alcoholic drinks and don’t let anyone get into a vehicle unless you are sure the driver is sober
  • If you spot someone on the road that you think may be a drunk driver, immediately report him or her.

The National Highway Traffic Safety Administration is also beginning its nationwide crackdown on drunk driving for this season. Thousands of law enforcement agencies throughout the US are taking part in the “Drive Sober or Get Pulled Over” campaign.

Last week, the NHTSA issued its 2010 Fatality Analysis Reporting System figures. According to FARS, nationally there was a decline in both the total number of motor vehicle crash fatalities and alcohol-related deaths. 32,885 people died in US traffic accidents in 2010, which is down 2.9% from the 33,883 motor vehicle crash deaths in 2009. There were US 10,228 alcohol-impaired driving fatalities in 2010, down 4.95% from the 10,759 fatalities in 2009. There was, however, a slight rise in the total number of North Carolina motor vehicle crash deaths with 1,319 traffic fatalities last year‚Äîthat’s 6 more traffic deaths than in 2009.

Our Charlotte, North Carolina personal injury law firm represents clients and their families involved in collisions that were caused by drunk and drugged drivers. Contact the Law Offices of Michael A. DeMayo, LLP today.

“Like” our Facebook page to enter our Flip Cam Giveaway

U.S. Transportation Secretary Ray LaHood Announces ‘Drive Sober or Get Pulled Over’ Crackdown on Drunk Driving, NHTSA, December 13, 2011

1,433 People Died in 1,324 North Carolina Motor Vehicle Crashes in 2008, Says FARS

December 1, 2011, by Michael A. DeMayo

According to data from the Fatality Analysis Reporting System, there were 37,261 US traffic deaths in 2008. 1,433 of those fatalities occurred during the 1,324 North Carolina motor vehicle accidents that happened last year. Nationally, there were:

• 50,430 motor vehicle crashes
• 25,428 motor vehicle occupant deaths
• 714 bicyclist deaths
• 1,045 child traffic fatalities (under age 13)
• 4,054 teen traffic deaths
• 4,268 of the fatalities were older seniors (ages 70 and over)
• 4.008 large truck deaths
• 5,091 motorcyclist deaths
• 4,378 pedestrian deaths

Motor vehicle accidents continue to be a leading cause of fatalities in the US. The injuries and deaths that are a result of auto collisions can take huge physical, emotional, mental, and psychological tolls on traffic crash victims and their families. This is one reason that you should contact an experienced Charlotte, North Carolina injury law firm as soon as possible.

As our North Carolina motor vehicle crash lawyers reported previously, the number of traffic deaths declined between 2008 and 2007, when there were 1,705 traffic deaths in the state. Yet we cannot ignore the fact that lives are still being lost in motor vehicle collisions due to defective auto parts, defective roadways, and negligent drivers.

In addition to the hazards posed by drivers who drive drunk, speed, or fall asleep while operating their motor vehicles, modern technology now has presented us with the additional dangers of talking on the cell phone, text messaging, updating one’s Facebook status, or Twittering while driving. These activities may seem harmless are enough, but they really aren’t when coupled with operating a motor vehicle.

No two North Carolina traffic crashes are alike, which is why you should speak with a Charlotte motor vehicle crash lawyer who is experienced in dealing with your type of motor vehicle accident. The sooner you start exploring your legal options, the easier it will be to focus on physical recovery while your Hickory, North Carolina injury lawyer begins the claims process for you.

Fatality Facts, Insurance Institute for Highway Safety

Related Web Resources:
National Highway Traffic Safety Administration

Fatality Analysis Reporting System


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