Topic: Burn Injuries

Your North Carolina Injury is Not the End of the World (Probably)–or At Least You Won’t Feel This Unhappy Forever

May 26, 2013, by Michael A. DeMayo

You’re deeply depressed by your recent North Carolina injury. Whether some idiot in a truck bashed your car by blowing through a stop sign, or a doctor misread your chart and gave you a medication that made you literally sick to your stomach, you are in pain. You are angry; you are confused; and you are deeply dismayed by your situation and the prospects for your future.

Obviously, what’s done is done. You can’t go back in time and undo the North Carolina truck accident or reverse the doctor’s negligent decisions. And you may indeed have a long road to hoe. You might never regain function of your leg. You might need to be in a wheelchair for the rest of your life. You might never be able to work as you once did. The brain damage caused by the accident may permanently limit your ability to be productive to two to three hours a day.

When you sit there and contemplate these scenarios–particularly the worst case scenarios–you can easily spiral into depression and apathy. This is really unfortunate. When you are depressed and/or apathetic, you may fail to take important kinds of action–such as contacting a reputable North Carolina mass tort law firm ASAP–because you feel too hopeless to persevere.

This is a shame, because science shows that our emotional immune systems are remarkably resilient.

Even IF a worst case scenarios plays out for you–e.g. you’re permanently hobbled by the accident or no longer able to work in a career that you love–these setbacks will not doom you to a lifetime of depression and unhappiness. Or at least they don’t necessarily mark you with that destiny.

That may sound very counterintuitive. But if you look at the research, those statements bare out.

Lottery winners notoriously experience euphoria for the first weeks or months after they win. But they ultimately wind up just as happy–and just as sad!–as they were before the pay day.

Likewise, people injured so severely that they are left as quadriplegics suffer extreme depression in the first few weeks and months. But they ultimately rebound to feel just as happy as they did before the devastating event.

This isn’t to say that you don’t have problems — that you shouldn’t feel depressed or anything. Rather, you should appreciate that your current emotional state is probably temporary.

Even more importantly, you need to avoid getting trapped by your emotions into “doing nothing” and/or into making impulsive and not-strategic actions that can have negative long-term implications for your finances and healthcare options.

To that end, consider connecting with the DeMayo Law team now at (877) 529-1222 for a free consultation, so that we can put you on a more strategic path with respect to your case.

North Carolina Class Action News: Legal Fight Over High Sugar, High Caffeine Energy Drinks — A Portent of A Larger Battle To Come?

May 23, 2013, by Michael A. DeMayo

Are we witnessing the beginnings of a major mass tort battle in North Carolina (and well beyond?)

Perhaps so. And big beverage companies may be on the receiving end.

Last year, for instance, a woman in Australia allegedly died from over consuming Coca-Cola. According to the Chicago Sun Times, a Maryland teenager died after drinking two large Monster Energy drinks in a single 24-hour period. These drinks contain a lot of caffeine and also a lot of sugar. While testifying before Chicago City Council, Edward Burke discussed a federal report “that showed the number of annual hospital visits tied to highly caffeinated energy drinks doubled between 2007 and 2011 — to 21,000.”

According to the President of Chicago Medical Society, Dr. Howard Axe, “super caffeinated energy drinks,” such as Red Bull, Monster Energy, and Rockstar, pose serious health risks, “including possible fatalities to adults and children, particularly those with preexisting conditions.”

The legal brouhaha in Chicago is focused on the adverse health effects of over consuming caffeine. Another, potentially more fraught and momentous debate has to do with the adverse effects of the overconsumption of liquid sucrose. As most famously articulated by pediatric obesity specialist, Dr. Robert Lustig, calories from liquid sucrose may have especially adverse effect on the liver because of the way the fructose component of sucrose gets metabolized by that organ. Lustig builds the case — at least in the doses that modern North Carolinians consume sugar — that “calorie is not a calorie.” The consumption of sugary liquid beverages, like Coca-Cola, Pepsi, and even many fruit juices, may be doing tremendous harm to our population and precipitating problems like metabolic disease, obesity, diabetes, and even heart disease.

So far, obviously, we have yet to see a major class action or mass tort lawsuit against beverage companies. But some health advocates are suggesting that we may be witnessing at least the beginnings of such machinations — they compare our current era to the era a few years before Big Tobacco was held to legal account for advertising and selling dangerous products.

If you have recently been harmed by a product or service, you are probably far less interested in the legal battle over energy drinks than you are with your own wellbeing, financially, medically, and otherwise.

 The team here at the law offices of Michael A. DeMayo proudly represents victims and their families in serious North Carolina personal injury matters. Please get in touch with us today by calling (877) 529-1222, so we can provide you a free consultation and help you get educated and informed about your options.

Our Illogical Reactions to Superstitions: Really Important to Understand, If You Want to Fight Your North Carolina Class Action Optimally…

May 19, 2013, by Michael A. DeMayo

Whether your son broke his ribs in an SUV rollover, your husband tore his ACL on an amusement park ride, or you suffered a devastating home fire when your space heater malfunctioned, you understand you have the potential to take some kind of legal action and perhaps to participate in a North Carolina class action or mass tort lawsuit.

But you are confused about what to do next. Should you connect with a legal team like DeMayo Law or “deal with the situation yourself” — i.e. work directly with an insurance company?

Everyone has different needs and sensitivities and comforts. But it’s important to be rational rather than impulsive when you make a big decision like this.

We often play to our superstitions rather than to logical common sense.

Consider the diverse nature of our strange beliefs. Whether you are afraid of the number 13; you bet your wedding date when you play the lottery; or you worry about a black cat crossing your path or something along those lines, part of you recognizes that you’re being ridiculous with the superstitions.

You understand that that you are using “magical thinking” and not logic. But even when you “call out” your superstitions — call your own bluff — you may not be able to overpower your subconscious resistance. You may not, for instance, ever feel comfortable sleeping on the 13th floor of a hotel. If you’re Russian, you may refuse to shake someone’s hand when they reach through a doorway to you.

Depending on how deeply you hold strange beliefs, they can really hamper your life.

The point is that wrestling with such strange beliefs–even when you make those beliefs conscious and you appreciate that they’re clearly irrational–is more challenging than meets the eye.

As much as we should “trust our guts” in certain situations, we also need to learn how and when to challenge our intuitions in order to achieve best results.

To that end, if you have reservations about connecting with an attorney–or if you have some strange belief about why you are not someone who “does” lawsuits, reflect on that received wisdom. Are those concepts actually serving you right now?

Consider, for instance, the worst thing that could happen, if you got a consultation with attorney, versus the best thing that could happen if you did. That the more that you can shine rational light on your fears, the more you can move beyond them and make more compelling and useful decisions.

Class Action Lawsuits “Brewing” For Budweiser

May 13, 2013, by Michael A. DeMayo

Anheuser-Busch, the maker of Budweiser Beer, is facing a pretty serious class action lawsuit that alleges that the brewer watered down its products prior to bottling.

Thus far, plaintiffs in Texas, Pennsylvania, Missouri, New Jersey, Colorado, Ohio, and California have all filed suit against the beer manufacturer based on whistleblowing testimony from former high placed employees in the business–at 13 separate breweries.

Will a North Carolina class action against Budweiser be next?

Anheuser-Busch has fought back vigorously against the bad press–the company recently took out full page ads in The New York Times, The L.A. Times, and eight other major newspapers touting the fact that the company provided 71 million cans of drinking water to the American Red Cross and other disaster organizations. The cheeky headline read “they must have tested one of these.”

But a lead attorney in the case, Josh Boxer, shrugged off the newspaper ad blitz as a “classic non-denial…(the) alcohol readings, taken six times a second as the finished product is bottled, will confirm the allegations made by the growing number of former employees who keep coming forward to tell us the truth.”

In court, Anheuser-Busch will need to produce data on its internal and alcohol testing procedures. Ten different products are tangled up in the legal matter, including well-known brands like Budweiser, Michelob, and Bud Ice as well as more “exotic” brands, like Hurricane High Gravity Lager and Bud Light Lime.

Do you have a potential Charlotte class action lawsuit?

The team here at the Law Offices of Michael A. DeMayo can help you understand and defend your rights to get compensation. Depending on your circumstances, you may want to file a personal injury suit or a mass tort action. Our team can help you strategize and determine the most effective, accurate course forward. Call us now for a free consultation, and get clarity on what you need to do.

The End of the Beginning of Your Quest for Justice After a North Carolina Injury

May 10, 2013, by Michael A. DeMayo

In the hours and days since your North Carolina injury–or your family member’s injury- you have been in a mad scramble to get medical care and make sense of your options.

What steps should you be taking (or not taking) to manage the medical crisis, collect evidence, and deal with the urgent logistics in your life? Who is going to take care of the kids while you’re hurt? Who’s going to handle the big work project that you had to drop to deal with the catastrophe? How will you pay the mortgage now that you’ve spent thousands of dollars out of pocket on ambulance and hospital services?

After you wrangle these urgent details, you then need to scramble to recalibrate everything in your life. You will also need to find a way to deal with the tremendous challenges of finding appropriate representation:

  • Do you have a case or not?
  • If so, what should you do first?
  • Whom can you trust?
  • How can you evaluate different law firms against one another?
  • How can you work effectively with a law firm to make sure that you get clear answers and good communication throughout the process?

All of these urgent questions might be on your mind. And they all need to be addressed.

The several lining–if there is one–is that, once you do get all of these things taken care of, assuming you have done everything effectively, you should enjoy renewed peace of mind.

The great gift that a solid North Carolina mass tort law firm can provide is the gift of clarity.

Even though your life may feel like it’s in a million pieces right now–if you know exactly what’s going to happen next and what to expect; and if you have trusted people working on your behalf–much of the stress and agitation will lift.

Obviously, even a superb law firm is not going to magically make your injury go away or eliminate the anger and frustration you feel about what happened. But you should feel a sense of relief and security that you are moving in the right direction.

And when people feel like their lives are moving in a positive direction, they often see passed their immediate limitations and handle the process with more grace and patience.

Connect with the DeMayo Law team right now for strategic, insightful assistance with your Charlotte personal injury matter.

North Carolina Products Liability?: Toning Shoes May Cause Injury

August 10, 2011, by Michael A. DeMayo

What was once considered a quick way to get a good workout may actually be a cause of personal injury. According to the Consumer Reports, toning shoes could send wearers to a doctor or an emergency room. If toning shoes are indeed causing North Carolina personal injury, the wearer may have grounds for a products liability lawsuit against the shoe manufacturer or distributor.

Consumer Reports recently examined the Consumer Product Safety Commission’s new product complaint database and found that as of May 22, 36 people said they’d been injured because of toning shoes, which were cited as a cause of injury more than any other product in the database that has only been up since March 11.

Consumer Reports’ medical experts say that the reason so many injuries have occurred is because toning shoes are designed to create instability so that wearers are forced to use muscles that they wouldn’t normally exercise while walking. The shoes design is supposed to help tone thighs, buttocks, abs, and calves. With these touted results, it is no wonder that sales for toning shoes initially soared—increasing by 400% last year—with some toning shoes costing around $200.

Yet even then, doctors, consumer advocates, and fitness gurus were skeptical about the quick results promised by the shoes’ makers. In the fall of 2010, the American Council on Exercise put out a study, which found that toning shoes have not demonstrated a significant rise in muscle activation or exercise response. The council also said there was no evidence supporting the claim that users burned more calories and strengthened their muscle tone. Now, it looks like even buyers are starting to stay away and the prices of toning shoes have gone down to $50 dollars or less.

Toning shoe-related injuries reported in the database include:
• Pain to the leg, hip, or foot
• Tendonitis
• Broken bones

Other injuries linked to toning shoes include Achilles injuries, sprains, stress fractures, strains, and injuries sustained in a North Carolina slip and fall accident.

While older people with balance issues are at higher risk of sustaining a toning shoe injury, younger people also reported getting hurt.

North Carolina Products Liability:

Design Defects
When a design defect is involved, this usually means that every product made from the same design will likely be flawed. A product may have a design defect if there was foreseeable risk that the risk of injury could have been decreased or eliminated if a different design could have been used instead.

Failure to Warn:
Not warning that using a product in a certain way could prove dangerous is also considered a product defect known as failure to warn. Unfortunately, failure to warn is a reason why many adults and children are injured by defective products.

Manufacturing Defects:
A product may have become defective during the manufacturing process. What the manufacturing defect is and how it was caused will determine how many of the products were rendered defective.

If you file a North Carolina product liability claim under strict liability, this means
that as long as the product was the direct cause of injury, you don’t have to show that negligence was a factor. Our Charlotte, North Carolina products liability law firm represent clients throughout the state.

The Craze Over ‘Toning’ Shoes Is, Well, Over, Time, July 28, 2011

Are toning shoes unsafe? Reports of injuries raise concern, Consumer Reports, May 25, 2011

Related Web Resources:

Product Complaint Database, CPSC

American Council on Exercise

More Blog Posts:
North Carolina Products Liability: CPSC Attempts to Prevent Injuries to Children with Graco High Chair Recall and Baby Sling Warning, North Carolina Injury Lawyer, March 21, 2010

American Academy of Pediatrics Want Warning Labels on Food that Pose a Child Choking Hazard, North Carolina Injury Lawyer, February 24, 2010

Products Liability: Two Families Sue for Wrongful Deaths of Loved Ones Fatally Burned While Wearing Flammable Bathrobes, North Carolina Injury Lawyer, November 6, 2009

Two People Sustain Burn Injuries in Fire at Charlotte, North Carolina Nursing Home

February 12, 2011, by Michael A. DeMayo

Two people were transported to the hospital on Saturday night after they were injured in a fire at White Oak Manor, a Charlotte, North Carolina nursing home. According to fire investigators, one of the victims has life-threatening injuries.

Our Charlotte, North Carolina personal injury law firm is aware of the havoc burn injuries can wreak on the body. If you sustained burn injuries in a fire it is important that you seek medical attention right away. If you believed that the fire was caused by another party’s negligence, you should explore your legal options immediately.

In addition to working with an experienced Charlotte, North Carolina burn injury lawyer that understands the seriousness of your injuries and how much medical care you will likely need to recover, your legal representation can determine whether you have grounds for a case of North Carolina nursing home negligence, premises liability, and/or any other type of personal injury.

Last year, federal regulators ranked White Oak Manor as “average” during its annual survey of nursing homes.

Burn Injuries:
1st degree burns: The burn impacts the outer layer of the skin
2nd degree burns: the skin’s outer layer and the layer beneath the skin have been damaged
3rd degree burns: Impacts the deeper layers of skin and the tissue underneath it

Burn injuries can be excruciatingly painful and life-altering. While some burns can be treated with antibiotic creams, more serious burns can lead to blistering, swelling, scarring, disfigurement, infection, dehydration, amputations, loss of the sense of touch, loss of the ability to perspire, organ damage, other serious complications, and/or death.

UPDATED: Fire at Charlotte nursing home injures two, WBTV, February 12, 2011

Related Web Resources:
Burns, MedlinePlus

NC Division of Aging and Adult Services

The International Society for Burn Injuries

Related Blog Posts:
North Carolina Injury Lawsuit Seeks Damages from Pittsboro Retirement Center for Assault that Left Elderly Resident with Brain Injuries, North Carolina Injury Lawyer Blog, January 5, 2011

Products Liability: Two Families Sue for Wrongful Deaths of Loved Ones Fatally Burned While Wearing Flammable Bathrobes, North Carolina Injury Lawyer Blog, November 6, 2009

Goldsboro Driver Sustains Burn Injuries in Fayetteville, North Carolina Truck Crash, North Carolina Injury Lawyer Blog, October 23, 2009

Big Rig Trucker Involved in North Carolina Truck Accident that Killed Three on Interstate 40 Was Drunk, Say Investigators

January 10, 2011, by Michael A. DeMayo

A deadly North Carolina tractor-trailer crash on I-40 on June 30 that claimed the lives of three people has landed the trucker in a lot of trouble. Police have charged Ronald Eugene Graybeal with two counts of felony death by vehicle, one count misdemeanor death by vehicle, DWI, and drug possession.

The Durham, North Carolina big rig crash happened at around 4pm just west of the US 15-501 exit when Graybeal crashed into three autos that were in slow traffic. All three drivers—Burlington resident Gary Dwayne Smith, Mebane resident Barbara Boda Caldwell, and Kannapolis local John Paul Llanio died from their injuries. A box truck driver, Greensboro native Reginald Keith Thompson, was also hurt when Graybeal’s vehicle struck him, but fortunately his injuries are non-life-threatening.

The charges against Graybeal are very serious and could land him in jail for a very long time if he is convicted. He and the trucking company he works for could also find themselves the defendant of North Carolina wrongful death cases if the family members of the three people that died decide to sue them. Any civil charges would be separate from the criminal ones and it will be up to the plaintiffs and their North Carolina semi-truck crash lawyers to prove liability.

The North Carolina truck crash is also raising questions from drivers who worry that this section of I-40, which is near the Durham-Orange County, is currently a higher risk crash zone. One of the lanes has been closed, causing the highway to go from three lanes to two close to the US Highway 15/501 (where the accident happened). Because of this, some motorists say that when traffic slows suddenly there isn’t enough of a warning to ensure that everyone has time to react safely to the sudden traffic jams that can arise.

The DOT is looking into whether better warning signs should be added or a revised speed limit put into effect. If there is evidence that the stretch of road where the Durham tractor-trailer collision happened could have and should have been made safer, the victims’ families also may have a case against the entities responsible for the road.

Scene of I-40 triple fatal wreck worries drivers, WRAL, July 7, 2011

Charge upgraded in triple fatal I-40 crash, WRAL, July 5, 2011

Trucker in I-40 triple fatal jailed on DWI charge, ABC Local, July 2, 2011

Related Web Resources:
Federal Motor Carrier Safety Administration

North Carolina Department of Transportation


More Blog Posts:

North Carolina Truck Accident Claims: Is True Total Compensation Possible?, North Carolina Car Accident Lawyer Blog, June 21, 2011

North Carolina Truck Accidents: Getting Past the Anger, North Carolina Car Accident Lawyer Blog, June 8, 2011

Goldsboro Driver Sustains Burn Injuries in Fayetteville, North Carolina Truck Crash, North Carolina Car Accident Lawyer Blog, October 23, 2009

Goldsboro Driver Sustains Burn Injuries in Fayetteville, North Carolina Truck Crash

December 1, 2010, by Michael A. DeMayo

As of yesterday, a Goldsboro tanker-truck driver who sustained burn injuries from a Fayetteville, North Carolina truck accident on Interstate 95 on Monday night remains in critical condition.

Frankie Graves is in Chapel Hill at the N.C. Jaycee Burn Center. The 54-year-old trucker sustained burn injuries on 40% of his body. According to North Carolina state troopers, the fuel tank of Graves’s tanker truck was punctured when the the vehicle struck the guardrail after crashing into a semi-truck that had stopped abruptly to avoid hitting the driver of a pickup truck that had run out of gas.

Graves reportedly jumped out of his cab with his clothes burning. Another man rolled him in the median to put out the fire.

Burn Injuries
Burn injuries can be very painful and they can take a long time to treat and recover from. This can require costly surgeries, skin grafts, physical therapy, and psychological counseling. There may even be internal damage and permanent physical disfigurement. The burn injury victim may no longer be able to work, which makes the need for financial recovery if someone was liable for the injuries even more of a priority.

There is the misconception that passenger vehicle occupants are the only ones that get hurt in North Carolina truck crashes. Truck drivers do get hurt and sometimes it is because of the negligence of another trucker, the driver of a passenger vehicle, a trucking company, a truck manufacturer, or another liable party.

While injured truck drivers are likely entitled to North Carolina workers’ compensation recovery, there also may be third parties that can be held liable.

Burned tanker truck driver still in critical condition, FayObserver, Oct 22, 2009

I-95 tanker accident still causing issues hours later, News 14, October 20, 2009

Related Web Resources:
Traumatic Brain Injury, Medline Plus

Federal Motor Carrier Safety Administration

North Carolina Wrongful Death Lawsuit Filed in Carbon Monoxide Fatality

October 5, 2010, by Michael A. DeMayo

The family of Monique L. Carpenter is suing Old Republic Home Protection, homeowner Willie McKinney, Windham Heating and Air Conditioning, and its owner Paul “Eddie” Windham for her North Carolina wrongful death. Carpenter and her friend Darryl Gregory died on November 14, 2008 from carbon monoxide poisoning.

According to the North Carolina wrongful death complaint, Carpenter had gone to visit Gregory at the home that he was renting in Greensboro. McKinney is the owner of the home.

Gregory had reportedly told McKinney on several occasions that the furnace needed to be fixed. Old Republic, a home-warranty company, hired Windham to fix the furnace. On November 12, 2008, Windham went to the rental and discovered that the access doors and flue pipe connection to the furnace weren’t in place. Despite a recommendation by a technician that a new furnace be brought in, Windham did not install a new one. The family’s North Carolina wrongful death complaint is accusing Windham and his company of “willful and wanton conduct” that reflect an “intentional disregard of and indifference” to others’ safety. They also claim that Windham did not check the ventilation system to ensure that the carbon monoxide gas couldn’t enter the house.

On November 14, Gregory, who was told that the furnace had been fixed, used it for the first time. He and Carpenter died of carbon monoxide poisoning that day.

Carpenter’s family is accusing Old Republic of failing to investigate Windham, who had been disciplined twice by the by the N.C. State Board of Examiners of Plumbing, Heating and Fire Sprinkler Contractors. He has been placed on probation twice.

Carbon Monoxide
Nearly 500 people are killed in the US each year because of carbon monoxide poisoning from fuel-burning appliances, charcoal burned inside a garage, car, home, or tent, or cars that were left running in garages attached to residences. The Centers for Disease Control says that more than 15,000 hospital visits a year are a result of CO poisoning. CO is a tasteless, odorless, colorless gas. Signs of CO poisoning include fatigue, nausea, and headaches. Co poisoning can cause brain injury and death.

Family sues over death, Winston-Salem Journal, October 2, 2010

Carbon Monoxide Poisoning, eMedicineHealth

Products Liability: Two Families Sue for Wrongful Deaths of Loved Ones Fatally Burned While Wearing Flammable Bathrobes

November 6, 2009, by Michael A. DeMayo

Last month, two wrongful death lawsuits were filed by plaintiffs whose loved ones died tragically when the chenille bathrobes they were wearing caught fire. Bathrobe manufacturer Blair Corp. is the defendant named in both complaints.

Atwilda Brown, was making tea when the catastrophic accident happened. She called 911 for help but died from her injuries. The cause of death on her death certificate is “from clothing catching on fire,” says her daughter Sharon Davis. Brown’s family is suing the clothing manufacturer for $30 million.

In another tragic burn accident, 81-year-old Evelyn Roguff and her 83-year-old husband Murray died when the sleeve of the robe she was wearing caught fire on the electric burner of her stove. Murray was burned while trying to save her. The couple would have been married 50 years by now. Their family is suing Blair Corp. for $1.9 million.

At least nine deaths have been linked to the flammable bathrobes. Most of the victims were older people. Five of the people that died were women. In the last seven months, 300,000 of the Blair Corp. robes have been recalled over safety concerns.

Clothing must meet specific safety standards. Defects can lead to tragic accidents, including choking accidents, strangulation accidents, and burn accidents.

All clothing sold in the US must meet the requirements of the Flammable Fabrics Act. Highly flammable clothing can prove tragic for the person wearing the dangerous fabric. Highly flammable clothing that causes North Carolina injury or death is a products liability.

Bathrobe company sued in deaths of elderly Oceanside couple, October 28, 2009

Family Sues over Connecticut Woman’s Bathrobe Fire Death, Insurance Journal, October 30, 2009

Related Web Resources:
Blair Expands Recall To All Women’s Chenille Apparel Due to Burn Hazard; Additional Reported Deaths Prompt Re-Announcement of Robe Recall, CPSC, October 22, 2009

Flammable Fabrics Act

Son of North Carolina Woman Killed in Apartment Fire Files Premises Liability-Related Wrongful Death Lawsuit

June 4, 2008, by Michael A. DeMayo

In North Carolina, Juan Arango, the son of Gloria Inez Suarez, a woman who died in a fire in her apartment that destroyed her building in the Colonial Village complex at Highland Hills in Carrboro last September is suing Colonial Properties Trust and property manager Renee Schumacher for improper maintenance and poor construction.

The Carrboro Fire Department has not determined the cause of the fire, but Arango says that it was the faulty construction and negligent maintenance that caused the flames to spread so fast. Firefighters were only able to look in 4 of the 14 units before the building started to fall down. Two women that jumped from their second-story balconies suffered injuries.

The fire reportedly burned for nearly 30 minutes before anyone reported it.
Arango says that none of the smoke detectors in the building were in operation. According to a fire department report, the fire detectors did not alert the victims that there was a fire.

Arango’s North Carolina wrongful death lawsuit accuses Colonial Properties and Schumacher of not creating proper fire barriers and failing to keep the common areas and crawl space free of combustible items.

In North Carolina, apartment landlords and managers are supposed to take the proper safety and maintenance precautions to ensure that there are no unsafe conditions on the premise or in a building or residential unit that can cause injury or death.

Failure to put in place and maintain the proper safety measures can be grounds for a North Carolina premises liability lawsuit if the injured person can prove that the manager or owner knew of the potentially unsafe condition but failed to eliminate this hazard.

Our North Carolina premises liability attorneys know how to properly investigate and pursue your case so that you can receive recovery for your injuries or the death of your loved one.

Woman’s death in fire leads to lawsuit, NewsObserver.com, June 4, 2008

Related Web Resources:

Colonial Properties Trust

Premises Liability, Justia

North Carolina Care Operator Still Runs Jacksonville Facility Despite Wrongful Death Verdicts

December 3, 2007, by Michael A. DeMayo

Ron Burrell, the North Carolina care operator who has been ordered to pay some $5 million to two families whose loved ones died because of negligence at two of his facilities, still owns and operates the Alzheimer’s Related Care facility in Jacksonville, North Carolina.

The Alzheimer’s Related Care facility specializes in taking care of patients with dementia. The state of North Carolina, however, temporarily suspended admissions to the facility because of violations. The suspension followed a complaint by one of the residents that she had been raped and did not receive a medical exam until 68 days after the attack. Police were not notified that a sexual assault had occurred.

Burrell used to run some two dozen disabled and elder care facilities. A number of these homes been cited for numerous violations while under his supervision..

In 2003, a Meadows of Aberdeene resident died after going out drinking with another care facility patient. The patient stabbed him to death. A Rowan County home patient died in 2001 after not receiving the proper medication dosage.

Burrell, his partner Michael Elliott, and eight affiliated companies lost a $4 million wrongful death judgment in August. The lawsuit claimed that 85-year-old Eula Abernathy died because she was burned by hot bath water. The facility had been warned before the incident that the water heaters were set at temperatures that made the water too hot.

On November 7, a wrongful death verdict was issued that ordered Burrell to pay the family of 53-year-old Troy Stephens $836,075. Stevens, who was mentally challenged, wandered away from the Meadows of Garner home where he lived and drowned in a pond. Stevens’ family had warned the assisted-living staff that he had a tendency to wander.

Nursing Home Abuse and Negligence
If someone you love has been injured due to abuse or negligence at a nursing home residence or an elder care facility in South Carolina or North Carolina, you should speak to an experienced nursing home abuse lawyer immediately.

Your nursing home neglect attorney can help you explore the legal options available to your loved one, who may be eligible for nursing home abuse or neglect compensation.

Some Possible Signs of residential care abuse include:

• Unexplained bruises
• Sudden weight gain
• Sudden weight loss
• Dehydration
• Bedsores
• Cuts or welts
• Emotional withdrawal

Care home owner still in business despite findings, Charlotte.com, December 2, 2007

Related Web Resources:

Nursing Home Abuse and Neglect, Nursing Home Alert

Deadly Neglect, Reader’s Digest, December 2006

 
 

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