NorthCarolinaLaw

https://edelsteinpayne.com/personal-injury A City's Duty to Maintain Streets and Sidewalks in North Carolina Originally Posted by Sean Cecil Jul 01, 2016 (0 Comments) Yesterday I read an  article   about a recent appellate decision in Washington State, confirming the City of Port Orchard's liability for a bike accident allegedly caused by defective maintenance of a city street. I am licensed in Washington (currently inactive) spent the formative years of my legal career, and keep up with interesting legal developments there. The article, which described the city's liability as previously unresolved, piqued my curiosity regarding such issues here in North Carolina. I am pleased to report that it appears cities in North Carolina also can be liable for injuries that result from negligent maintenance of city roads and sidewalks. (It should be noted, however, that roads and sidewalks maintained by the state Dept. of Transportation are likely protected by state sover...

https://edelsteinpayne.com/personal-injury NC State is Studying Efforts to Reduce Pedestrian Casualties Originally Posted by Sean Cecil Jun 17, 2016  (0 Comments) In an effort to reduce the number of pedestrians hit by cars, NC State is working on a study to determine how best to increase driver awareness of pedestrian and bicycle safety. According to an  article  in yesterday's News & Observer, the study is intended to focus on education and enforcement as "factors that might influence driver behaviors so that they actively yield at pedestrians at crosswalks..." According to the article, 2,400 pedestrians are hit by cars each year in North Carolina. Of the 244 such collisions in Raleigh between 2000-2015, nearly half of them were fatal. It is the law in North Carolina that pedestrians have the right of way, though they are required to look both ways before crossing a highway without crosswalks or "hash marks" indicating a crossing.  Our ...

https://edelsteinpayne.com/criminal-defense NC Criminal Law: Appellate Court Rules Search Warrant Invalid Originally Posted by Sean Cecil Jan 13, 2016 (0 Comments) The so-called "war on drugs" is an abject failure. I am particularly interested in defending crimes involving allegations of illegal possession, production, or distribution of controlled substances, especially criminal allegations regarding cannabis. That's one reason I am particularly enthusiastic about last week's ruling in  State v. Allman , in which the North Carolina Court of Appeals ruled that a search warrant for drugs was not valid because it was not supported by probable cause to believe there was drug activity at the residence indicated in the law enforcement application. The New Hanover County deputy sheriff (Bacon) who applied for the warrant knew that drug activity was occurring elsewhere, and extrapolated that information to obtain a warrant to search the home where the suspects liv...

NCpersonalinjurylawyer.com North Carolina Personal Injury: Dense Smoke Causes Car Wrecks in Western Wake County Originally Posted by Sean Cecil Dec 11, 2015  (0 Comments) According to news reports, a burn pile of smoldering mulch Thursday morning in Western Wake County reduced visibility on a nearby highway, resulting in several car wrecks. Apparently, a construction company was burning "slash" material from clearing property for development, after the company couldn't find anyone to take it away on short notice. The company must be relieved that there were no initial reports of injuries, because it seems there is a very real possibility that they would be liable for those injuries- they probably could still be liable for property damage that resulted from the smoke if they are found to have been negligent in the manner they conducted the burn.  Under North Carolina law, a negligent party is culpable for injuries that result from their negligence. To establ...

www.edelsteinpayne.com NC Workers' Compensation: Delay in Seeking Retroactive Payment for Attendant Care was Reasonable (Originally Posted by Sean Cecil Dec 01, 2015)  (0 Comments) Sometimes it's better not to appeal a ruling you don't agree with. In an opinion issued today by the North Carolina Court of Appeals, workers' comp insurer Liberty Mutual was again ordered to pay an injured worker's attorney fees, after the company unsuccessfully appealed an order to pay for attendant care for the second time. The worker, Connie Chandler, was injured over ten years ago when she fell and hit her head on stairs while performing janitorial duties. She was diagnosed with a concussion and a closed-head brain injury. Her condition deteriorated, eventually she required round-the-clock attendant care and was later ruled legally incompetent; her husband was appointed guardian.  Ms. Chandler's husband acted as his wife's attendant for years, without pa...

https://raleighworkerscompensation.com/employment-law Industrial Accident Kills Two Workers in Wayne County, North Carolina Originally Posted by Sean Cecil Dec 01, 2015 (0 Comments) Two workers are dead and one is in intensive care after an industrial accident in Wayne County, NC yesterday at SPX Transformer Solutions, Inc. According to a WRAL report, one of the men was working inside a transformer and apparently lost consciousness; another worker went in shortly thereafter and also became unresponsive, followed by a third worker. The incident will be investigated by OSHA and the North Carolina Dept. of Labor.  It's a terrible thing when someone's attempt to earn a living and feed their family results in their death. These situations are avoidable, but we are all human. Luckily, the North Carolina Workers' Compensation law guarantees death benefits to the survivors of covered workers. Unfortunately, the benefits the survivors receive are, of course, inadequat...

https://edelsteinpayne.com/personal-injury North Carolina Personal Injury: The Speeding Problem in Raleigh Originally Posted by Sean Cecil Nov 17, 2015  (0 Comments) Growth brings problems, including increased traffic. The Research Triangle Park area of North Carolina has been one of the fastest growing regions in the country, and has experienced a predictable increase in traffic congestion. According to a Raleigh News & Observer   article   earlier this week, increased congestion is causing some serious safety concerns as drivers avoid arterial streets on their daily commutes to get around rush hour traffic. The article cites the city's efforts to respond to the growing problem, and lists priority roads for infrastructure improvements that can increase safety for all of us: Hardimont Road, followed by Crest Road, Varsity Drive, Quail Ridge Road and Harps Mill Road. Traffic in the Triangle on a recent early Friday morning Motor vehicl...

https://edelsteinpayne.com Liability in the Share Economy Originally Posted by Sean Cecil Nov 10, 2015  (0 Comments) Today I   read this tragic story   about a father who died from injuries incurred in an accident at a Airbnb rental. For those who don't know, Airbnb, like its peers including Uber, are part of the "Share" economy where people make some money on the side from renting out their homes, offering a lift to a stranger, etc. Unfortunately, as detailed in the story, these disruptive businesses of the internet age are often far ahead of regulators, sometimes leaving customers in compromised positions. In many cases, insurance policies exclude damages from any commercial activity, leaving the question of liability up in the air. Share economy businesses such as Uber and Airbnb are filling a market, but not without controversy. Taxi drivers, subject to a heavily regulated trade, rely upon the exclusivity of their business model to make a living- if any...