Topic: Premises Liability

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.

7-Year-Old Claims Charlotte, North Carolina Dog Bite Attack Was Instigated by American Bully Terrier Owner’s Son

May 15, 2012, by Michael A. DeMayo

There are conflicting reports as to what caused an 80-pound American Bully terrier to attack a 7-year-old boy. While the victim, Malik Albright, claims the Charlotte, North Carolina dog attack occurred because another 7-year-old, Elijah Howzer, told his dog, named “DK,” to attack, Howzer’s family is disputing the allegations.

They contend that Albright jumped over the fence into their yard and that is when DK started pursuing him. Albright sustained injuries to the ear, face, and leg from the incident.

In North Carolina, Charlotte, dog bite lawyer Michael A. DeMayo represents children and adults injured in animal attacks. Because the state’s personal injury laws involve contributory negligence, if a victim contributed to his/her injuries, he/she cannot recover any compensation. This is just one of the many reasons why it is important to consult with someone like North Carolina injury attorney DeMayo right away.

Dog bite injuries can be extremely severe, and the physical and emotional injuries may take their toll. Some dog bites can be so vicious that the victim may have to undergo numerous surgeries, including cosmetic surgery, and he/she may still be left disfigured.

Charlotte, NC personal injury lawyer Michael A. DeMayo is familiar with the steps involved in filing your dog bite claim and he knows what needs to be done prove that you are owed financial recovery by a negligent dog owner, premise owner, or any other responsible party. Attorney DeMayo has helped North Carolina dog bite victims recover compensation for medical bills, future medical expenses, permanent disability, lost income, permanent disfigurement and scarring, loss of enjoyment of life, and wrongful death.

To give you one recent example of a Charlotte dog bite attack that left a child with injuries so severe that he needed a lot more than a visit to the doctor to heal, 6-year-old Jakob Clark was in the hospital more than 35 days after a pit bull attacked him in December 2010. His legs and arms were so badly damaged that doctors didn’t know whether he would be able to walk again. Jakob was put on a ventilator and had to undergo over a dozen surgeries. He also has needed extensive physical therapy.

Sometimes, a person’s injuries are so severe that future as well as current costs have to be assessed and factored in as part of your financial recovery. By working with someone like Charlotte, North Carolina dog attack attorney Michael A. DeMayo, you have someone who has the legal experience and skills to represent you.

 Dog Bites Happen More Often in the Summer, Says Study

According to some researchers, with summer fast approaching, the risk of young kids being bitten by a dog goes up. Per their study, published in Otolaryngology — Head and Neck Surgery in 2009, they think this may be because many kids that are out of school tend to spend more time outdoors where they are more likely to encounter dogs.  Also, some dogs tend to become more irritable when the weather is hotter.

Your first consultation with Charlotte, North Carolina dog bite lawyer DeMayo is free. Should you decide to retain the Law Offices of Michael A. DeMayo, you will only pay for legal services out of any financial recovery.

Call 1- 877-529-1222. Charlotte, North Carolina injury attorney DeMayo and his law firm have helped over 35,000 across the Carolinas since 1992.

Dog owner disagrees with 7-year-old’s story of attack, WCNC, May 14, 2012

St. Matthew reaches out to boy mauled by dog, South Charlotte Weekly, January 13, 2011

Dog bite risk for kids greatest in summers, ABC News, March 9, 2012


North Carolina Motorcycle Accident on Charlotte Motor Speedway Kills 2, Injures 1

April 4, 2012, by Michael A. DeMayo

Police are still trying to determine what happened to cause a fatal North Carolina motorcycle accident to occur on the Charlotte Motor Speedway on Saturday. Over 60,000 people had gathered for the Veterans Homecoming Celebration when, about 30-minutes after the festivities ended, two bikes collided, killing 66-year-old Alan Mokus and 71-year-old Thomas Hollingworth. Both men were Vietnam veterans. Also injured in the collision was Mokus’s wife Deoborah, 56, who is still in the hospital recovering from a head injury and broken bones.

Concord, North Carolina police have said that the two motorcyclists were coming from opposite directions and going at about 50 mph when they were involved in a head-on crash. Alcohol may have been a factor in this Cabarrus County motorcycle accident but this has not yet been confirmed.

According to The Charlotte Observer, Speedway spokesperson Scott Cooper said that based on an initial review, it looks as if the proper safety procedures related to motorcycle procession exit and entry were implemented. Organizers are said to have worked hard to set up safety guidelines for riders, who were told to stay on the speedway’s apron and not go over 35mph. Over 2,000 motorcyclists are believed to have participated in the procession. Vendors that the speedway had contracted were selling beer at the event.

However, according to some witnesses, after the actual procession, a lot of riders went on the track and they were riding from both directions. One experienced motorcyclist, who didn’t see the Concord motorcycle accident but had participated in the event, is quoted in the Gainesvile Times as saying that there was dangerous activity going on throughout the day. He reported that some riders took unnecessary risks, including going along a steep, banked turn close to the speedway’s big high-definition television screen. He also said that there were times when it was hard to get through the two-way traffic along the speedway, which has unmarked lanes. Also, there were riders without helmets.

North Carolina Motorcycle Accidents

Our Charlotte, North Carolina motorcycle accident lawyers represent victims and their families injured in the state and in South Carolina. We are here to help our clients obtain financial compensation from the parties responsible for the harm that they suffered.

The liable party may be a negligent driver and/or another party. For instance, in this deadly collision, did the Charlotte Motor Speedway do enough to make sure that the riders would be safe? Was there adequate supervision? Were participants instructed on how to go through the speedway safely? Did supervision stop after the procession? Did anyone make sure that riders hadn’t been drinking especially as beer was being sold at the event? Also, were both motorcyclists at fault.

Alto Man Dies in NC Speedway Crash, Gainesville Times, April 3, 2012

Police: Motorcyclist had been drinking before speedway wreck, Charlotte Observer, April 4, 2012

Charlotte Motor Speedway

More Blog Posts:

Raleigh motorcyclist dies following North Carolina injury accident, North Carolina Injury Lawyer Blog, November 3, 2012

Charlotte, North Carolina Accident Claims the Life of Man who was Pushed into the Street During Bar Brawl, March 5, 2012

Charlotte, North Carolina Injury Attorney Michael A. DeMayo is a Member of the Multi-Million Dollar Advocates Forum, North Carolina Injury Lawyer Blog, August 10, 2010



North Carolina Drowning Accident Claims the Life of a 12-Year-Old Boy at Wastewater-Treatment Plant Lagoon

March 17, 2012, by Michael A. DeMayo

In what appears to be a North Carolina drowning accident in a lagoon at a wastewater-treatment plant, a 12-year-old boy lost his ilfe on Friday after he entered the premise through a back fence with 13 other youths. According to police, the boy slipped on a plastic liner that was there to prevent the waste from leaking through the sides and bottom of the lagoon and landed in the water. Two of the kids he was with jumped in to try to save him but failed.

Rescue workers used a net to sift through the 2-3-acre sewage treatment pond. Unfortunately, lightning forced them to stop the search until Saturday morning.

They recovered the boy’s body at around 11:30am today. Northampton County Emergency Management Coordinator Brian Parnel said that because rescuers were dealing with a sewage treatment bond, divers were not able to the water. Also, because the pond’s bottom is a rubber line that could be ruptured, they could not use drag instruments and metal rods.


North Carolina Wrongful Death

If someone you love was killed in an accident on another person’s property, you may have grounds for a wrongful death lawsuit involving North Carolina premises liability. However, a lot of this will depend on the specifics of your case and the experience of your legal representation.

For example, generally, people who were hurt on a property that they weren’t given permission to be on usually cannot sue for damages. That said, there are exceptions.  For example, there is the “attractive nuisance” doctrine. Per the rule, if the property owner anticipates that a minor might enter the property, then the landowner must exercise reasonable care to prevent North Carolina injuries to a minor. The doctrine provides protection to small children or those whose age is “tender.” However, the doctrine doesn’t apply to “common dangers” and in certain cases, it has been found that the premise owner’s responsibility only existed where he/she knew that the minor was on the grounds. Yet there have been cases where constructive knowledge was enough.

Obviously, North Carolina premises liability law, its interpretation, and any exceptions can be complex and difficult to understand without legal help.  Other reasons why someone might choose to sue a property owner for personal injury or wrongful death may involve inadequate security, hazardous conditions, improper maintenance, failure to warn of dangers, failure to remedy unsafe conditions, failure to prevent potential accidents despite the foreseeable scenarios, and neglecting to warn about violent crimes that happened on or near the property.

To schedule your free case evaluation with our Charlotte, North Carolina premises liability law firm, contact The Law Offices of Michael A. DeMayo, LLP today.

Boy, 12, drowns in Northampton County sewage lagoon, NewsObserver, March 17, 2012

Authority Finds Body of Drowned Boy, The Daily Herald, March 17, 2012


More Blog Posts: 

Preventing North Carolina Drowning Accidents: CPSC’s Pool and Spa Drain Cover Recall is a Reminder that Entrapment Can Lead to Serious Injuries and Death, North Carolina Injury Lawyer Blog, June 6, 2011

High Point Pool Drowning Accident Claims the Life of Teenager in North Carolina, North Carolina Injury Lawyer Blog, June 22, 2010

Road Where Charlotte, North Carolina Truck Crash that Claimed the Lives of Two Young Brothers Happened Has No Sidewalk, North Carolina Injury Lawyer Blog, February 23, 2012


Charlotte, North Carolina Car Accident Claims the Life of Man Who Was Pushed Into the Street During Bar Brawl

March 5, 2012, by Michael A. DeMayo

A 26-year-old man was killed on Saturday after he was injured in a Charlotte, North Carolina car accident that police believe occurred after he was pushed onto the street during a bar fight. The victim’s name is Robert Edward Kingston III.

23-year-old Kenan Wells Gay has been charged with murder in connection with Kingston’s death. According to witnesses, Kingston sustained fatal injuries after a disagreement he was involved in at Ed’s Tavern spilled outside and he was pushed in front of an oncoming BMW. The driver of the vehicle will not face criminal charges over Kingston’s death.

Depending on the specifics of what happened, Kingston’s family could have grounds for a Charlotte, North Carolina wrongful death case against any persons that may have played a role in causing the deadly accident. If inadequate security or negligence on the bar’s part allowed for the brawl to happen, the establishment could also find itself the target of a civil claim. Property owners can be held liable if there was an unsafe or dangerous condition or situation on their grounds that could/should have been avoided or remedied yet wasn’t.  Even if no one intended for Kingston to die, any reckless or careless acts on anyone’s part that contributed to his passing may be reason enough to pursue Charlotte, North Carolina wrongful death damages.

In North Carolina, family members of someone that died due to another’s negligence may be eligible to compensation if, had the victim lived, he/she would have been entitled an action for personal injury damages. Damages for the wrongful death may include medical expenses, pain and suffering, funeral costs, lost wages, loss of protection, assistance, services, care, companionship, society, guidance, or comfort, and possibly even punitive damages if willful/wanton behavior or malice was involved. Loved ones have two years from the date of death to file their claim.

Figuring out the value of one’s North Carolina wrongful death claim can be challenging. By working with a Charlotte, North Carolina personal injury law firm, you increase your chances of getting the maximum recovery possible.  Your legal team can also protect your rights and advocate for your best interests. You definitely do not want to settle with the other parties involvunless you’ve first explored your legal options.

Unfortunately, many insurers will try to get you to settle for the lowest amount possible, which is why it is better that you have a Charlotte, North Carolina wrongful death lawyer dealing with them for you. While a statute of limitations of two years may seem like a long time, there is a lot that your legal representation will have to do to prepare your case to increase your chances of a successful outcome.

Contact the Law Offices of Michael A. DeMayo, LLP and ask for your free case evaluation. The sooner you get started, the better.

Police: Man pushed in front of car outside Dilworth bar, Charlotte Observer, March 5, 2012

Former UNC football player accused of murder after bar fight, WCNC, March 4, 2012

More Blog Posts: 

Fatal North Carolina Truck Accident Brings Traffic to a Standstill, North Carolina  Accident Lawyer Blog, February 13, 2012

Tragic North Carolina Car Accident Claims Life of a Child on Go-Kart, North Carolina  Accident Lawyer Blog, November 6, 2012

Drunk driving a factor in North Carolina Car Accident that Killed 17-year-old Raleigh Student, North Carolina  Accident Lawyer Blog, January 31, 2012


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