If you’re living and breathing as a part of any community you can’t but interact with others in the area. Whether it be in the form of running into the nearest gas station, filling your meds at a local pharmacy or just giving up the congenial nod at the person you cross on the local sidewalk.
Interacting with others in the community is what makes us who we are. It feeds our most sacred and most internal component of what makes us human. The problem, however, often arises when those who we interact with create or cause a dangerous situation during which we are injured. It leaves us asking questions about what we could have done differently or how we could have acted differently to avoid a dangerous situation.
After the incident, possibly emergency room visit and the works to get back to normal we are left to ask the questions that naturally follow. Who’s responsible for this? Should I have to pay for this? Is it my fault? Well, ask any lawyer and most likely you’ll get the response—it depends. The reason for this is because it honestly does depend on the circumstances all around.
Let’s take a dog bite in Charlotte for example. You see someone new to the neighborhood who is walking with a pit bull without a leash or otherwise any device to control the animal. In most areas, a person is ordered by ordinance to walk a dog on a leash. By not following the ordinance that person is considered to be acting unreasonable. Why? Because, the ordinance sets the standard of care and duty owed. That person is strictly likely strictly liable for any injuries that are the result of violating the ordinance.
Now, similar facts but a different outcome. The same pit bull is walking on a leash and intersects with you as you take your three year old down to the park for an afternoon in the sun. The large—aggressive pit bull is a lover—and jumps on your child as it gives the child a hug. The dog licks the child until it can lick no more and in doing so, crushes the child’s clavicle. Well, it’s a very different situation. Why? The same ordinance says pit bull on a leash. The dog owner followed the ordinance and satisfied the duty owed. Also, something that comes up a lot in dog bite cases is dangerous propensity. The injury—licking the child over and over—is not in the dangerous propensity of the pit bull.
This is often the back and forth that injured plaintiffs deal with over and over with an adjuster who represents an insurance company who may be liable. There are so many different opportunities for an injured party to get denied in North Carolina and each of them seems more heartless than the prior.
If you’ve been injured and it wasn’t your fault—regardless of what the insurance company tells you—call the Law Offices of Michael A. DeMayo today. Don’t fight it alone! Get the help you deserve. Our number is 877-333-1000.