North Carolina Injury Lawyer Blog

Every year, thousands of people are injured in slip and fall, step and fall, and trip and fall accidents. While these accidents sound harmless enough (after all, as young children didn’t all of us fall to the ground on more than one occasion and live to tell the tale with our bodies physically intact?), the injuries sustained during a fall accident, especially for older adults, can be very serious and can even lead to traumatic brain injuries and death.

Other common slip and fall injuries include broken hips, back injuries, neck injuries, fractures, head injuries, and injuries to the arms, pelvis, legs, and hands. Bruises are also not uncommon during trip and fall accidents. Depending on the type of injury and the age and physical health of the injured party, premises liability-related injuries are very painful and can lead to permanent disabilities, lengthy confinements at nursing homes or rehabilitation facilities, loss of independence, lack of mobility, the inability to go to work or tend to daily tasks, and health complications.

Our Charlotte, North Carolina slip and fall attorneys represent premises liability victims and their families throughout the state. Property owners owe patrons, guests, and residents a duty of care to make sure there are no slip and fall hazards on a premise that can cause serious injuries. Most North Carolina slip and fall accident victims don’t realize that they may be entitled to personal injury compensation.

Common causes of slip and fall, trip and fall, and step and fall injuries:

• Wet liquids on the ground
• Uneven flooring
• Ice and snow on a driveway
• Lack of stair railings
• Inadequately lit stairwells, hallways, and parking lots
• Torn carpeting
• Objects or debris on the ground
• Cracks on the sidewalk
• Broken floorboards
• Pavement holes

Related Web Resource:
Slip and Fall, Nolo

Premises Liability, Justia

The family of Alejandro Gonzales Reyes has filed a North Carolina wrongful death lawsuit against the Palomino nightclub and the owners of the shopping center where the now-defunct business was located. Reyes was fatally shot on January 11 outside the club. Now, the 31-year-old’s estate is seeking financial recovery for the two young children that he left behind.

The defendants named in the Fayetteville, North Carolina wrongful death complaint are Bayview Financial L.P., Bayview Loan Servicing LLC, Palomino of Fayetteville Inc., and Sophia and Bill Agapion.

According to the Fayetteville, North Carolina wrongful death complaint, a court order had been issued to the mortgage company and the Agapions to stop criminal activity at the shopping center. State law also allowed them to evict the club for such offenses.

The Reyes’ North Carolina wrongful death attorney says that the 31-year-old might still be alive today if only the defendants had followed the court order. He cites inadequate security in the parking lot and at the club.

Last year, Fayetteville police sued Bill, Palomino, and Bayview. The complaint claimed that the shopping complex was a public nuisance. The lawsuit contended that a number of clubs on the property, including South Beach, Palomino, and Crazy Dave’s Cabaret, were a burden because of the number of assaults, break-ins, drug crimes, and shootings that occurred at the three night spots and in their parking lots. In March, three weeks after Reyes was killed, a judge ordered all three clubs, and a fourth one, permanently shut down.

Premises Liability
A property owner or overseer can be sued for North Carolina premises liability or wrongful death if there was a history of crimes committed on the property or in the area and the defendant did not do enough to protect patrons, visitors, and others from becoming the victims of similar crimes. Premises owners must provide proper security so that violent crimes and petty crimes do not cause injury or death.

Man's estate sues Palomino nightclub, others over slaying, FayeObserver, December 30, 2009

Suspect arrested, charged in bar shooting, ABC Local, January 11, 2009

The North Carolina Department of Transportation is examining some 17,000 bridges to determine if safety measures can be taken to prevent more fatal falls. On Friday, 33-year-old Carroll Lee Eames fell to his death while helping the car crash victims of a multi-vehicle wreck on the Interestate-440 bridge on the Outer Beltline.

Police say Eames fell through the gap between two bridges as he jumped over a concrete barrier to avoid being hit by an oncoming vehicle. Unfortunately, a 30-foot drop to Crabtree Creek awaited him on the other side of the barrier and Eames died from injuries he sustained during the fall accident.

In October 2005, 26-year-old Todd Fletcher died when he fell off the Inner Beltline Bridge while also helping North Carolina car accident victims. Fletcher’s father, Done Fletcher, filed a North Carolina wrongful death claim over the tragic accident.

According to Raleigh Mayor Charles Meeker, the NDCOT did put up a fence to prevent people from going over the edge on the Inner Beltline side, but there is no such barrier on the Outer Beltline side where Eames’s North Carolina fall accident happened. The opening that separates the two bridges is about five feet.

Eames’s father, Caroll Eames Sr., is quoted in the NewsObserver.com as saying that he feels that the state “took my son’s life away.” Eames Sr. says that the state must have known that area was a safety hazard.

Luis Jesus Coyt, a passenger in one of the vehicles involved in the North Carolina car crash that Eames Jr. was assisting with also fell off the Outer Beltline bridge. He sustained minor injuries.

Currently, the NCDOT lacks guidelines requiring that all bridges have standard protective rails. In several instances, fences were added to certain bridges after pedestrians had already fallen.

North Carolina Premises Liability
Property owners and managers can be held liable for North Carolina premises liability if a hazard on a premise contributed to causing personal injury or wrongful death and that danger could have or should have been remedied.

Accident spurs state to study bridges, NewsObserver.com, December 1, 2009

Good Samaritan falls from I-440 bridge, dies, CharlotteObserver, November 28, 2009

NC DOT begins bridge study after fatal plunge, WECT, December 1, 2009

Related Web Resources:
North Carolina Department of Transportation

North Carolina Bridge Information

Continue reading "NC DOT to Study State Bridges Following Second Fatal Fall" »

A third person has died after participating in the sweat lodge ceremony facilitated by self-help expert James Arthur Ray. Participants paid over $9,000 each to take part in his “Spiritual Warrior” program.

Part of the program involved over 50 people entering a sweat lodge for a purification ceremony. The October 8 ritual turned tragic when Kirby Brown, 38, and James Shore, 40, were pronounced dead and 19 other people became ill from a number of conditions, including respiratory arrest, elevated body temperature, dehydration, and kidney failure. On Saturday, sweat lodge participant, Liz Neuman, also died.

Neuman sustained multiple organ damage and went into a coma after sitting in the sweat lodge. Now, her family says that they plan to file a wrongful death lawsuit over the incident.

Meantime, Tom McFeeley, Brown’s cousin and the family's spokesperson, is alleging that she, Shore, and Neuman were murdered.

Hey says that Ray decided when participants could leave the sweat lodge. McFeeley says he doesn’t believe that the self-help guru was equipped to facilitate the event.

Police are still investigating the fatal incident, which occurred on the grounds of the Angel Valley Spiritual Retreat in Arizona, to determine whether criminal charges should be filed against Ray or anyone else involved in the event.

According to the New York Post, the sweat lodge incident was not the only event facilitated by Ray resulting in injury or death. In July 2009, a woman attending one of Ray’s seminars committed suicide by jumping from the third floor of a balcony mall. In May 2005, a woman shattered her hand after Ray allegedly pressured her into breaking a board. She sued the self-help teacher for personal injury and the lawsuit was settled in 2007.

Mystic's past is guru-some, NY Post, October 19, 2009

3rd person in sweat lodge ceremony dies, Boston.com, October 19, 2009

Related Web Resources:
James Arthur Ray

Angel Valley Spiritual Retreat

The Native American Seat Lodge

Continue reading "Wrongful Death?: Following 3rd “Sweat Lodge” Fatality, One Family Member Cries “Murder”" »

An appellate court judge in Fayetteville says that the North Carolina wrongful death lawsuit filed by the family of 17-year-old Jesse Marquil King can go forward. King drowned in August 2005 after he fell into a flooded ditch during a rainstorm. The ditch’s pipe dragged the teenager under the water. His family is suing the city of Fayetteville for his drowning death and is accusing the city of negligent maintenance of the drain system.

In a unanimous decision, the three-judge panel agreed that North Carolina law doesn’t provide immunity against the state when it comes to operating storm drains. This ruling upholds a trial judge’s decision and allows the Fayetteville wrongful death lawsuit to move forward.

Premises Liability Lawsuits
Property owners and managers are supposed to make sure that there is no condition on the premise that could lead to personal injury or wrongful death. Inadequate maintenance, when a landowner neglects to maintain a premise or something on the property that could cause injury, is one reason for filing a North Carolina premises liability civil complaint for damages if someone gets hurt.

Storm drains are supposed to help drain water or melting snow off the streets so that the streets don’t flood. Unfortunately, storm drain accidents are not uncommon, especially if the grate has some defect that allows a person or a bicycle to fall into it. Fall accidents can lead to broken bones, dislocated body parts, neck injuries, back injuries, spinal cord injuries, and neck injuries. In King’s case, falling into a storm drain caused him to drown.

Government and safety officials can be held liable if there is an unsafe condition on a road that causes an injury or death to happen.

Ruling allows wrongful death suit against Fayetteville to proceed, FayObserver.com, August 5, 2009

Related Web Resources:
Read the Court's Opinion (PDF)

Premises Liability Overview, Justia

Four people are dead from injuries they sustained on July 4 in Ocracoke when a truck filled with fireworks exploded. The four victims were workers who were preparing for an Outer Banks celebration for the 4th of July.

According to Bureau of Alcohol, Tobacco, Firearms, and Explosives investigators, the fireworks blast was an accident that occurred while the fireworks show was being set up. The tractor-trailer was loaded with enough fireworks for a 22-minute program.

One of the victims sustained serious burn in injuries from the North Carolina fireworks accident and was flown to Pitt County Memorial Hospital in Greenville. He died on Monday. Another fireworks victim died at the accident scene. A third victim was taken to UNC-Chapel Hill Jaycee Burn Center.

The company in charge of setting up the fireworks for the Ocracoke show was Melrose South Pyrotechnics, which is located in Catawba, South Carolina. Company officials say they are working with investigators to determine the cause of the deadly blast.

Fireworks Injuries
According to the US Consumer Products Safety Commission, almost 7,000 people in the US had to go to hospital emergency rooms in 2008 because they sustained a fireworks injury. At least 11 people were killed in fireworks accidents in 2007. Almost 2/3rds of these injuries occurred within the one-month period around the 4th of July.

Common kinds of fireworks injuries include:

• Burn injuries
• Eye injuries
• Hand injuries
• Leg injuries

If you or someone you love was injured in a North Carolina fireworks accident, you may be entitled to personal injury or wrongful death recovery. Even if you were a worker injured while setting up a fireworks display, there may be third parties that can be held liable for the harm you have suffered. You also may be entitled to receive North Carolina workers' compensation benefits.

Companies and premise owners charged with overseeing a fireworks display or any other event are responsible for making sure that there are no hazardous conditions on the premise that could cause injuries or death. Otherwise, they could be held liable for North Carolina premises liability.

4 in Outer Banks Die In Fireworks Accident, Washington Post, July 6, 2009

Death Toll Rises in Fireworks Blast, NY TImes, July 5, 2009

Related Web Resources:
Fireworks-Related Injuries, CDC

CPSC Announces Drop in Fireworks-Related Injuries; Consumers Still Urged To Celebrate Safe This July 4th, CPSC.org, June 30, 2009

Continue reading "North Carolina Fireworks Explosion Kills Four People Killed on July 4" »

Energy Systems Analysts, a water heater maker company in Hickory, is one defendant in the North Carolina personal injury lawsuit filed by two people who were injured in the June 9 blast at a Con Agra Slim Jim plant in Garner.

300 people were working at the plant when the deadly work explosion occurred. The fatal natural gas explosion injured almost 40 people and killed three others. One of the injured workers, Tammie O’Neal, sustained back, leg, and head injuries. She was trampled by workers that were rushing to escape the explosion. Another injured employee, Leonard Spruill, sustained serious burn injuries.

Energy Systems Analysts was a Hickory contractor that made and helped install a gas water heater that investigators think may have been a key factor in the deadly natural explosion. The workers' Raleigh personal injury lawsuit is accusing the water heater maker of not having the license in North Carolina to install, connect, or manipulate the pipes that deliver the natural gas. The plaintiffs are also accusing the Hickory contractor of failing to evacuate the plant when it became apparent that “natural gas was venting into the plant.”

The US Chemical Safety Board believes there is a strong likelihood that contractors vented the gas inside the building when they installed the device. The gas should have been vented outside. North Carolina safety officials are investigating 10 companies because of the fatal blast.

Other defendants named in the North Carolina personal injury lawsuit are Curtis Ray Poppe, an Energy Systems Analysts employee, Jacobs Engineering Group, the company that came up with the installation plans, and Southern Industrial Constructors, a mechanical contractor.

Although workers cannot sue their employers for work accidents—they are, however, entitled to workers’ compensation benefits—they can file North Carolina personal injury claims against third parties that were liable for causing their work injuries.

Hickory company named in lawsuit in wake of fatal plant explosion, Hickory Record, June 23, 2009

Injured ConAgra workers sue contractor, The News & Observer, June 16, 2009

Related Web Resources:
3 confirmed dead in explosion, The News & Observer, June 16, 2009

Energy Systems Analysts

With almost 300 kids under age 5 drowning in pools and spas every year, it is important that spa owners and managers implement all the necessary safety precautions to prevent more North Carolina child drowning injuries and deaths from happening.

Safety initiatives that pool and spa owners and supervisors can take:

• Make sure that the pool is fenced in and that the barricade is high enough to prevent children from being able to climb over or open the gate without adult supervision.
• Don’t allow kids into a pool or spa without adult supervision.
• Install pool alarms just in case a child manages to enter the pool or spa area without supervision.
• Make sure that the person in charge of supervising the pool area is someone that knows how to swim and is actually paying attention to the kids that are in the pool.
• Install the new federally mandated pool and spa safety drains that are designed to prevent kids and adult from getting suctioned to the bottom of the pool or spa and drowning.

Drowning accidents are often fatal. Earlier this month in Raleigh, a 5-year-old boy drowned at the North Hills Club pool. Some 50 people were there attending a party at the time of the tragic North Carolina drowning accident and there were four lifeguards on duty.

According to police, the child went to the pool area with an aunt and uncle. He wandered to the adult pool while they stayed by the children’s pool. A swimmer saw the boy at the bottom of the pool. Lifeguards retrieved the him and they performed CPR while waiting for paramedics. The child was taken to WakeMed where he was pronounced dead.

In May, a Greensboro boy also died n a pool drowning accident. The tragic incident occurred in South Carolina. According to the coroner’s office in Myrtle Beach, Owaes Tabbakh was at the Beach Colony Resort when a lifeguard discovered him floating in a pool. The lifeguard performed CPR on him until paramedics arrived. Emergency workers were unable to revive the boy who was later pronounced dead.

In the event that an adult or child survives a North Carolina or South Carolina drowning accident, he or she may be left with permanent traumatic brain injuries. The drowning victim may require lifelong, round-the-clock, costly medical care.

Child drowns in North Hills Club pool, WRAL.com, June 10, 2009

4-year-old drowns in Myrtle Beach, CarolinaLive.com, May 29, 2009

Related Web Resources:
Pool and Spa Submersion: Estimated Injuries and Reported Fatalities, 2009 (PDF)

Virginia Graeme Baker Pool Spa and Safety Act (PDF)

PoolSafety.gov

Continue reading "North Carolina Premises Liability: Two Recent Child Drowning Accidents in Hotels Claim Lives" »

The family of a 77-year-old North Carolina woman who died when she drowned in her car is suing three companies for her wrongful death. In mid-October 2008, Tecora Young left a birthday party at a South Carolina recreational facility and then disappeared. By Mid-December, Young’s car was found in the Broad River with her body inside.

According to a local coroner, the elderly woman died because she drowned. Foul play is not suspected and she may have accidentally ended up driving into the water.

Now, Young’s family is suing the Gaffney Board of Public Works, Duke Energy, and the Department of Natural Resources for her wrongful death. They contend that proper lighting, warning signs, a barricade, or another design change could have prevented Young’s drowning accident and she would still be alive today.

According to the family’s wrongful death lawyer, they are suing Duke Energy because it is in charge of the Broad River and all access to it. The Board of Public Works is in charge of the area near the river and made improvements. DNR approved a study conducted by Duke Energy that made improvements to the water area a number of years ago. Young’s family wants to receive a wrongful death settlement or a civil trial.

Proving liability in a North Carolina or South Carolina motor vehicle crash can be complicated—especially if the collision is one involving just one auto. However, there may be more than one party responsible for the personal injury or death. The best way to determine this is to hire an experienced car accident law firm to help you prove your case.

Wrongful Death
Losing a loved one is never easy. Not only will there be expenses to pay for and other financial losses, but there is also the loss of your loved one that can never be quantified. There are, however, ways to hold the responsible parties liable for your suffering and the loss of your loved one’s life.

Upstate Family Files Wrongful Death Lawsuit, WYFF.com, April 23, 2009

Body From Submerged Car Identified, WYFF.com, December 18, 2008

Related Web Resources:
Duke Energy

Gaffney Board of Public Works

In Carthage, North Carolina, seven nursing home residents are dead following a mass shooting at the Pinelake Health and Rehab Center. According to police, an armed man entered the long-term care facility and began shooting at people.

The suspect, Robert Stewart, is the estranged husband of a nursing assistant who works at the North Carolina nursing home, and police believe he may have been targeting her. The alleged gunman was reportedly armed with several weapons when he entered the long-term care facility and began firing at people.

The victims that died were Jessie Musser, 88, Lillian Dunn, 89, Tessie Garner, 88, Louise Decker, 98, Margaret Johnson, 89, John Goldston, 78, Bessie Hendrick, 78, and registered nurse Jerry Avant, 38. The three people who were injured, including a nursing home visitor and a police officer, are expected to survive.

The shooting rampage stopped after Officer Joseph Garner entered the Carthage nursing home alone and shot Stewart in the upper torso area. Stewart, who is in police custody, has yet to issue a statement. He faces multiple counts of first-degree murder and a felony charge of assaulting a police officer.

The Carthage, North Carolina nursing home care facility had received a five-star rating from Medicaid officials.

Nursing Home Security
In addition to providing nursing home residents with the proper care, North Carolina long-term care facilities must ensure that the proper supervisory and security measures are in place so that none of its patients, nursing workers, or visitors are harmed. This means making sure that dangerous or unauthorized individuals cannot indiscriminately enter the home, as well implementing systems and procedures so that nursing home residents who need specialized supervision cannot leave the premises without permission or a companion.

Inadequate security and failure to provide the proper supervisory and safety measures at a North Carolina nursing home can be grounds for a nursing home neglect lawsuit or wrongful death case if someone gets hurt or dies.

Alleged gunman's wife worked at nursing home, police say, CNN.com, March 30, 2009

Marital discord suspected as motive in North Carolina nursing home rampage, Kansas City.com, March 30, 2009

Related Web Resources:
Centers for Medicare and Medicaid Services

Inadequate Security News, Justia

Continue reading "North Carolina Nursing Home Rampage Leaves Seven Patients and One Nurse Dead and A Visitor and Police Officer with Injuries" »

The relatives of Harrison Kowiak, a 19-year-old Lenoir-Rhyne University student who died after getting hurt during what they are calling a fraternity hazing activity, say they plan to file a North Carolina wrongful death lawsuit. Kowiak died in November while pledging to join the Theta Chi Fraternity.

During the initiation, which took place off campus late at night on Buffalo Farm, Kowiak reportedly was knocked to the ground a number of times and struck his head. According to witnesses, the college sophomore became disoriented and appeared to lose some of his movement ability.

Fraternity members transported Kowiak to a local hospital before he was flown to Charlotte where he was admitted to Carolinas Medical Center. The 19-year-old passed away the next day.

Following the incident, the Theta Chi Fraternity’s international headquarters executive director said that Kowiak did not sustain his head injury during a hazing activity, but that the accident occurred during an optional team-building exercise.

Hazing
Hazing is an initiation process practiced by many US fraternities and sororities. Unfortunately, many hazing activities can be degrading, dangerous, or physically abusive—especially among fraternities. Hazing activities have included:

• Verbal abuse
• Sleep deprivation
• Making a pledge eat a disgusting substance
• Beatings
• Binge drinking

In North Carolina, hazing is illegal. Victims injured during hazing incidents, as well as their families, may have grounds to file a premises liabilityclaim or wrongful death lawsuit against all liable parties.

Lenoir-Rhyne family plans wrongful-death suit, Charlotte Observer, January 16, 2009

Tampa Teen Got Fatal Head Injury During Frat Initiation, TBO.com, November 20, 2009

Related Web Resources:

North Carolina Hazing Law, StopHazing.org

Theta Chi Fraternity

Lenoir-Rhyne University

The family of Kay Plyler, the 53-year-old woman who died last year after a tree fell on her car, is suing the city of Charlotte for wrongful death. The civil lawsuit contends that the tree was a public hazard that should have been removed.

The North Carolina premises liability accident happened on March 8, 2008, when a tree, located close to the corner of East and Asheville Place, fell on Plyler’s black SUV. Plyler’s 14-year-old daughter was in the motor vehicle with her. While the teenager did not sustain physical injuries, the complaint says that she suffered emotional trauma from the deadly accident.

Also according to the wrongful death lawsuit, the tree, which was suffering from 90% root decay, should have been removed. Other trees in the area that were suffering from similar health issues were taken away.

This is not the first time Charlotte has been sued over a tree. In 2003, the city was sued for personal injury because of a tree. Another lawsuit for property damage involving a tree was filed in 2005.

Just last week, a 35-year-old woman was in Charlotte driving her two young children in her car when she was almost struck by a giant oak tree that fell. Fortunately, no one was injured.

Over 400 people died because of falling trees or limbs between 1995 and 2007. In Charlotte, high winds and soggy soil are just some of the conditions that can cause the city’s older trees to fall, potentially causing injury to motorists, pedestrians, and residents, as well as damage to power lines. There are steps that city officials and property owners can take to make sure that such accidents do not happen.

Some 160,000 trees are planted in Charlotte’s public areas. Each year, workers cut down some 300 to 400 trees that are in poor health.

Family suing city over tree that killed woman, Charlotte Observer, January 11, 2009

Our cherished trees can be a danger, Charlotte.com, January 11, 2009

Related Web Resources:

Who Is Responsible When Your Tree Falls?, Realty Times, January 12, 2009

8 Signs of a Sick Tree, Treejob.com

The World Health Organization has released its World Report on Child Injury Prevention. Among its findings is that motor vehicle deaths continue to be the leading cause of child fatalities. Almost a million children die around the globe annually because of accidental injuries, many of which are preventable.

The WHO Report's Leading Causes of Accidental Child Injuries:

1. Traffic Accidents: 260,000 kids a year are killed. 10 million others are injured. This is also the #1 cause of fatalities among children, ages 10-19. Motor vehicle crashes are also the #1 cause of child disabilities.

2. Drowning Accidents: While some 3 million children survive drowning accidents each year, about 175,000 others are killed. Many drowning accident survivors suffer from permanent brain damage.

3. Burn Accidents: 96,000 kids die each year from their burn injuries.

4. Fall Accidents: 47,000 youths die every year because they fell. Hundreds of thousands of children survive fall accidents, but with injuries.

5. Accidental Poisoning: Over 45,000 youths are killed annually because they ingested something that was poisonous.

The WHO’s Department of Injuries and Violence Prevention director, Dr. Etienne Krug, says that injuries become the number one cause of child deaths once a young person turns 9. In the US, these leading causes of child injuries and fatalities are also among the common causes for personal injury and wrongful death lawsuits involving injuries to minors.

If your son or daughter died in a North Carolina auto accident, bus crash, pedestrian accident, bus collision, train accident, premises liability accident, or fall accident, there are steps you can take to make sure that you hold the liable party responsible and that you get your child the medical care he or she needs to recover.

Injury Risks For Children Vary Around The World, Washington Post, December 23, 2008

Traffic Accidents Top Cause Of Fatal Child Injuries, NPR, December 10, 2008

Related Web Resources:

World Report on Child Injury Prevention Report, WHO (PDF)

CDC Childhood Injury Report, CDC

Continue reading "Motor Vehicle Accidents Continue to be the #1 Killer of Children, Says World Health Organization" »

The North Carolina Department of Health and Human Services is forcing Charlotte Manor, an adult care center, to shut down today, following reports of violence, drug abuse, and neglect. State health officials have suspended the home’s operating license, and today residents must evacuate the premise by 5pm. North Carolina health officials have said the move is to protect the home’s residents, who are in “imminent danger.”

State health officials conducted its yearly inspection of the home last month, and Charlotte Manor was cited for violations regarding:

• Personal care
• Health care
• Supervision
• Residents' rights
• Housekeeping
• Furnishings
• CPR Training
• Resident discharge

Charlotte Manor not only houses frail and older residents, but people under 50 can also reside there. Some of its residents have criminal records or have abused drugs. According to one resident, some residents were discovered smoking crack at the home. Another resident reports that violent acts have taken place at the home, including two men getting into a physical altercation and another incident, in which the tires on a motor vehicle were deflated.

Details of this year’s inspection have yet to be released, but previous inspection reports of the home over the last two years indicate recurring problems with properly feeding and providing medication to residents with health issues. Maintenance issues are not always dealt with in a timely manner. Also, over a dozen people have to share a couple of common bathroom facilities, rather than having one bathroom for two to four residents.

Nursing homes and other care facilities are supposed to provide residents with the proper care, while making sure that they are safe from abuse, neglect, or harm by workers and other residents. When failure to fulfill these duties of care leads to injuries or death, a care facility can be held liable through a nursing home abuse and/or neglect claim or a premises liability lawsuit.

Violence and drug abuse reported at care center, Charlotte Observer, October 3, 2008

State Office Shuts Down Home for Adult Care: Officials Cite ?Imminent Danger' at Charlotte Manor, and Residents Must Leave By Late Friday., IStockAnalyst, October 2, 2008

Related Web Resources:

Notice of Suspension (PDF)

North Carolina Department of Health and Human Services

Mecklenburg County Department of Social Services

Continue reading "Charlotte Adult Care Center Will Close Today Following Reports of Drug Use and Violence " »

The city of Raleigh and utility company Progress Energy are two of the defendants named in the North Carolina wrongful death lawsuit filed by the husband of Cynthia Moreland, the woman who was kidnapped from a parking garage in downtown Raleigh and later murdered. In his North Carolina wrongful death lawsuit, Walter Moreland is accusing the city of Raleigh and Progress Energy of negligence because of their failure to provide adequate security at the garage. Raleigh leases the garage to the utility company.

On August 22, 2006, Cynthia, who works for Progress Energy, was headed to work when she was kidnapped, raped, and murdered by Antonio Davon Chance. Her body was discovered 11 days later in Harnett County. Chance, who pleaded guilty to the criminal charges against him, is serving a lifetime prison sentence.

The lawsuit contends that Progress Energy either knew or should have known that it had employees that would park their vehicles in the garage even on the days that they came to work early. The complaint called the parking surveillance system “inadequate" and accuses the city of Raleigh of negligence and of appearing to be more interested in generating parking revenue while making security a lesser priority.

Also named as defendants in the wrongful death lawsuit are Quantum Support Inc., McLaurin Parking Co., and Security Forces Inc. The plaintiffs contend that those in charge of monitoring security in the garage should have noticed on the surveillance cameras that Chance was in the garage and behaving suspiciously.

The cameras captured footage of Chance driving Cynthia’s motor vehicle out of the parking garage. Walter's complaint says that if security personnel had been “reasonably attentive,” they would have noted that a “scared, well-dressed woman” was with the driver.

Inadequate security on a premise can be grounds for a premises liability or wrongful death lawsuit if someone is killed or injured on the property, and the premise owner or manager could have done something to prevent the crime or accident from happening.

Progress Energy, city named in wrongful death suit, WRAL.com, August 21, 2008

Read the Complaint (PDF)

Cynthia Moreland Homicide Case, WRAL.com

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

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

In Catawba County, North Carolina, two Longview police officers were injured after falling through a roof. The men were inspecting what they thought was a break-in at a roofing equipment and tools company E.L. Hilts & Co.

The two officers saw that the gate to the building was unlocked and a ladder was leaning against the building. One man climbed the ladder and fell through the roof. The other officer fell soon after. There apparently were two fiberglass-like skylights that had been painted over to match the color of the roof and the men had stepped on them.

One officer sustained serious head injuries from falling 20 feet. He was taken to Winston-Salem by airlift where he was admitted to Baptist Medical Center. The second police officer landed on the banister of a stairwell and his injuries were not as serious. He was taken to a Hickory hospital and later released.

Longview police later discovered that an employee that worked for the company had left the ladder against the building and forgot to lock the gate.

It is the responsibility of all North Carolina property owners to make sure that any hazardous conditions are removed from the premise so that patrons, visitors, employees, residents, or guests are safe from serious harm. In the event that there is an unsafe condition that exists on the premise, property owners must provide proper warning and take the correct safety precautions so that serious injuries and deaths are prevented.

Please contact our North Carolina premises liability law firm to discuss the specifics of your injury case.

Fall accidents, especially from elevated heights, can lead to serious injuries, including spinal cord injuries, traumatic brain injuries, massive organ injuries, permanent disabilities, and wrongful death. You may be able to file a claim or lawsuit against a negligent party. You will increase your chances of obtaining a successful financial recovery by retaining the services of an experienced North Carolina premises liability lawyer.

Falls through skylights injure 2 officers, Charlotte.com, May 8, 2008

Fall through roof injures officer, Hickoryrecord.com, May 7, 2008

Continue reading "Two North Carolina Police Officers Are Injured After Falling Through Building Skylights" »

Ag-Mart Produce has agreed to settle the birth defects lawsuit filed by the parents of Carlitos Candelario, a 3-year-old boy born without arms or legs. The boys’ parents Abraham Candelario and Francisca Herrera had worked for the tomato grower in fields in North Carolina and South Carolina that had been sprayed with pesticide while Francisca was pregnant.

Candelario and Herrera filed their birth defects lawsuit against Ag-Mart in 2006. They have accused the family of spraying pesticides on the fields while workers were present and not waiting long enough to send workers back to the field after the pesticides were applied.

A hearing has been scheduled this summer in North Carolina by the state pesticide board to determine whether Ag-Mart workers were exposed to toxic chemicals in pesticides. The tomato grower grows grape tomatoes in Brunswick County, North Carolina.

In 2005, Ag-Mart was charged with 369 violations of the state’s pesticide law. Company officials, however, says that many of the charges are false because North Carolina investigators had misinterpreted work records.

To this day, Ag-Mart continues to deny responsibility for causing Carlitos’s birth defects. Other farm workers under its employ also had children with birth defects around the time that Carlitos was born.

Ag-Mart has also voluntarily stopped using certain pesticides that appeared to be responsible for developmental problems in lab animals.

The terms of the birth defects settlement between Ag-Mart and Carlitos’s family is confidential, but their personal injury lawyer says that Carlitos will receive financial support for his medical costs, plus income, for life.

In South Carolina and North Carolina, our personal injury lawyers represent children and adults that have sustained catastrophic injuries because of the negligent or careless actions of people and/or corporations.

Ag-Mart settlement with couple OK'd, News and Observer, April 18, 2008

Board revives pesticide case, News and Observer, March 12, 2008

Related Web Resources:

Ag-Mart Produce

Beyond Pesticides

Continue reading "Plaintiff Mother In Ag-Mart Birth Defect Lawsuit Worked in North Carolina Tomato Fields While Pregnant With Son Born Without Limbs" »

In North Carolina, Jeffrey Mertz is suing the REACH Shelter of Jackson County, a Sylvia domestic violence shelter for women, for the murder of his mother, Bonnie Woodring.

Mertz is accusing the shelter of not providing adequate security in September 2006 to prevent his stepfather, John "Woody" Woodring, from locating and entering the shelter.

Mertz was 13 at the time of the murder. He says that the REACH shelter did not take the necessary steps that could have prevented his stepfather from finding the shelter’s address.

In his lawsuit, Mertz says that one of the shelter’s employees had purposely left a side door unlocked so another employee could enter the premise. The unlocked door allowed Woodring to enter the shelter without permission. He was carrying a sawed off shotgun.

Woodring had threatened to kill Bonnie just three days earlier.

Mertz is suing REACH for $75,000 for failing to provide his mother with shelter. He says that suffered serious anguish from having to witness his mother’s dead body.

Premises Liability Cases
Property and premise owners are legally obligated to ensure that they maintain and provide a safe environment for patrons, visitors, residents, and/or workers where conditions are safe and there is adequate security. Each state has its own laws about how to determine liability on the part of the premise owner or manager.

Common kinds of premises liability cases include inadequate security cases, slip and fall cases, falling merchandise cases, and a defective product on a premise.

If you or someone you love was seriously injured on another party’s premise in North Carolina or South Carolina, contact our premises liability law firm today to discuss your personal injury case.

Son Of Victim Files Lawsuit Against Women's Shelter, News Channel 7, March 11, 2008

Family sues shelter where woman was slain, Citizen-Times, March 11, 2008

Related Web Resources:

Sylva woman shot to death at shelter for women, Citizen-Times.com, December 20, 2006

REACH of Jackson County

Continue reading "Teenage Son Files Lawsuit Against North Carolina Domestic Violence Shelter For Mother’s Murder" »