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Slips and Falls on Ice: Who Holds Responsibility?

November 21st, 2014

Where have all the people goneThere is a cold nap that has settled across much of the nation, prompting people in northern states and the Midwest to stock up on food, water, and other goods due to anticipated snow fall. People in Charlotte do not have to frequently deal with these issues but, as cold blankets the greater portion of the nation, it’s important to remember that inclement winter weather can occur, even in North Carolina.

The question that arises in many people’s minds is this: If someone slips on ice that has collected on your sidewalk, driveway, or even parking lot, who is held liable? Unfortunately, the answer to that question is not always clear cut.

In North Carolina, and many other states, either party may be held responsible for injuries sustained in a slip and fall accident that has occurred due to inclement weather. Ultimately, it is up to a jury to decide the outcome of the case as there is no clear law.

A jury may rule in your favor or in favor of the injured party. In some cases, it is decided that a reasonable person who knows that there is snow and ice covering the ground understands that prudent Read more

Posted In: Personal Injury, Slip & Fall

Stay Informed: North Carolina Child Care Laws

November 19th, 2014

ryerson public school playgroundVery few parents want to leave their children behind while they go to work or attend class. Unfortunately, most parents are forced to do just that. Choosing a child care provider for your children is one of the most important decisions that you can make.

Opening a child care center in North Carolina involves much more than hanging a shingle and calling yourself a provider. There are strict guidelines and laws in place that are designed to protect providers, parents and children. Knowing the basics can help you choose the right center for your child.

  • Discipline—Corporal punishment is not permitted in any child care center unless it is exempt from these regulations due to religious beliefs and practices. Corporal punishment includes slapping, spanking or any form of physical punishment.
  • Ratios—Group size varies depending upon the age of children in the center. Infant groups have a maximum size of 10, while school-aged children can be grouped together in numbers totaling no more than 25. Teacher to student ratios vary from 1 to 5 to 1 to 25 dependent upon the age of the children.
  • Credentials—Administration and teaching staff must hold a North Carolina Early Childhood Administration Credential or
Read more Posted In: Child Care Laws

Young Soccer Player Killed in Raleigh Hotel

November 17th, 2014

Product Shoot - Springfield Armory XD subcompact 9mmWhen people choose to stay in hotels, they typically understand that there may be minor inconveniences. The guests in the adjoining room may be noisier than you would like, the towels may not be changed quickly enough, and the ice machine may be empty. Few people consider that their lives may be in danger when they choose to stay in a hotel.

On Friday, November 14, 2014, a young soccer player, visiting Raleigh from Lewisville, was fatally shot when a person in the adjoining room accidentally fired a gun. The bullet traveled into the room occupied by Nathan Andrew Clark, striking and killing the child.

Police report that the accident, which occurred at the Comfort Suites hotel on Corporation Parkway, resulted in shooter Randall Louis Vater, of Knightdale, being charged with possession of a firearm by a convicted felon and involuntary manslaughter. The shooter and victim in this horrible accident were strangers to one another.

The 13-year-old Clark was in the city to take part in the Capital Area Soccer League tournaments this weekend with the rest of his team that pulled out of the competition following the accident.

The victim was a vibrant, active member of his eighth-grade class Read more

Posted In: In The News, Injuries to Children

How to Find Out If Your Car is Recalled

November 14th, 2014

Accident!This year, automakers in the United States have recalled more than 40 million vehicles. The number has shattered the record set previously in 2004. Unfortunately, most of these recalls were for serious vehicle safety issues, putting owners at real risk of harm.

In days gone by, vehicle owners relied on letters in the mail alerting them to recalls. With the vast number of issues this year, many owners remain largely unaware. Knowing about auto recalls is the first step to keeping your family safe. Do not rely on automakers to alert you to car recalls. Here’s how to find out if your vehicle has made the list.

1. Visit the NHTSA Site

Visit National Highway Safety Administration and check out the list of recalls. The list is a comprehensive one, so you can be sure that if your vehicle has been recalled, it is documented on this site.

2. Enter Your VIN

Your VIN not only enables you to find a vehicle history report before you purchase your car, but it can also tell you if your car or truck is on a recall list. Once you navigate to the NHTSA site, enter your VIN. You can find this important Read more

Posted In: Products Liability

Construction Work – 5 Leading Causes of Injury

November 12th, 2014

Construction TunnelIf you work in the construction trade, you may have been alerted to a rise in accidents in recent years. Site safety is the responsibility of everyone, from the job foreman to the clean-up crew. Site safety is your responsibility.

You can increase the safety of everyone on the site when you know how to prevent accidents. Here are the top five causes of construction-related injury.

1. Uneven Surfaces

Uneven surfaces are one of the most common contributors to slips and falls. Reduce the risk of these injuries by clearly designating walkways, provide traction underfoot, and provide adequate lighting. If you need to carry unbalanced loads, utilize mechanical lifting aids instead of your arms.

2. Obstacles

Other accidents occur because there are things in the way, either clearly visible or largely unnoticed. Reduce accidents by keeping the site organized, plan deliveries and put those deliveries in designated areas, and collect waste regularly.

3. Trailing Cables

Keep cables off of the ground whenever possible to reduce trips and falls. Cables trailing along the ground behind power tools and lighting equipment pose hazards. Keep cables tacked at high levels, particularly in corridors where people may not see them clearly.

4. Slippery Surfaces Read more

Posted In: Personal Injury, Workers' Compensation

Officers, City and County Sued for Injuries in Arrest

November 10th, 2014

images (1)The grandmother of a young woman who suffered serious injury while in police custody has filed suit against the Charlotte-Mecklenburg Police Department. The suit alleges that, while an internal investigation cleared the officers of wrongdoing, that the officers were in fact negligent in their lack of action and violated their oath to protect and serve. Tanisha Williams, who was 18 at the time of her arrest for alleged shoplifting, had a documented history of mental illness, including but not limited to, attempted suicide. Upon arrest Williams began repeatedly slamming her head into the protective barrier in the back of the patrol car while the arresting officers did nothing to prevent injury.  According to attorney William Harding, who filled the suit, Tanisha is alive –” but she has no enjoyment of life.”

If you or a loved one has been injured in a vehicle accident, or in any other serious personal injury claim, you don’t have to go through such difficult situations alone. With over 20 years of experience, the attorneys at Auger & Auger are here to listen to you and answer your questions. Call our offices today for a free consultation, where you will speak with an attorney, not Read more

Posted In: In The News

School Bus Accident Sends Students to Hospital

November 10th, 2014

Baumann Bus Company #020022You put your children on the school bus in the morning and barely give it a thought. Your children have been riding the bus to and from school for years without incident. Imagine getting a phone call that your child was not only involved in an accident while riding the bus, but taken to the hospital with injuries.

That scenario played out for the parents of eight Broughton High School students on November 4, 2014. 25 students in total were riding the bus as it crossed through downtown while transporting the children home from school. An otherwise uneventful ride quickly turned dangerous when the bus was involved in a collision.

According to reports, the collision occurred at the intersection of West Morgan Street and Glenwood Avenue. Laura Hourigan, an employee with the Raleigh Police Department, stated that the driver of the personal vehicle was cited for making an improper turn. The eight children injured in the accident were taken to area hospitals where the exact nature of their specific injuries was not released.

Statistics

According to the National Highway Traffic Safety Administration, only 0.35% of all fatal motor vehicle accidents between 2003 and 2012 involved school buses. During that Read more

Posted In: Injuries to Children, School Bus Accidents

Man to Be Arrested Upon Release from Hospital

November 5th, 2014

download (14)Terry Dennis, who is currently being treated for minor injuries in the Carolinas Medical Center, will be arrested by the Charlotte-Mecklenburg police for his involvement with a string of motor vehicle accidents, assaults and other crimes. The string of crimes began around 5:45 pm Thursday when an officer approached his vehicle. The officer had been tipped off that Dennis was slumped over the steering wheel of a car parked in a nearby parking lot.

When the officer approached the vehicle, Dennis reacted violently and attempted to flee. In the process the officer was injured as was a second officer responding to the call. By the time Dennis was finally subdued he had accrued a laundry list of criminal charges including two counts of driving while impaired, two counts of felony serious injury by vehicle, along with numerous others.

If you have a serious personal injury claim, you don’t have to go through it alone. With over 20 years of experience, we at Auger & Auger are here to help you. Call our offices today for a free consultation, where you will speak with an attorney, not a sign up specialist. We’ll listen to your case and discuss your legal options, Read more

Posted In: Uncategorized

5 Common Legal Misconceptions About Auto Accidents

November 5th, 2014

car accident @ vestavia hillsIf you turn on the news or open the paper, chances are that you will learn of auto accidents. Unfortunately, car accidents are a part of everyday life. You may even have been the victim of one yourself.

The period of time following an accident is confusing, overwhelming and stressful. It’s not unusual for people to make mistakes in the handling of their situation due to misconceptions about car accidents, auto injury, and how to handle the situation. Here are five common legal misconceptions people have about auto accidents.

1. You Are Guaranteed Compensation

Many people assume that they are legally guaranteed compensation due to vehicle damage or personal injury. This is not always the case. When compensation is forthcoming, insurance company reviews and legal cases can take longer than you may think.

2. All You Need Is a Police Report

In some jurisdictions, police reports are extremely detailed. In others, only the most basic of information is included in the report. When the latter is the case, be sure to note other information such as weather and road conditions at the time of the collision, visibility, traffic conditions, damage to vehicles, and damage to fixtures and structures.

3. You Read more

Posted In: Car Accidents

Could Forklift Death Have Been Avoided?

November 4th, 2014

profile_herbA worker was crushed while operating a forklift—and so far, there are more questions than answers.

CHARLOTTE, NC – INDUSTRIAL workers continue to face serious risks at work, a fact made tragically clear in the death of a worker at a recycling plant. The accident happened at the tail end of September and sparked a safety investigation.

“Anytime you’re working with heavy equipment, forklifts or chemicals there are serious risks,” said Herb Auger, an attorney with Auger & Auger law firm who works extensively on worker injury cases.

The accident occurred at the Source Recycling Company. A worker, whose name has not been released, was operating a forklift when it happened. Something caused the forklift to turn on its side, crushing the worker to death according to WSOC TV (retrieved 10.30.2014).

It’s not clear whether the worker was lifting or hauling a payload when the accident happened.

“Forklift operation is a notoriously dangerous job,” Auger said. “It requires not just extensive training, but careful adherence to safety regulations by the employer. Overloading a forklift can be disastrous.”

It’s not clear whether this forklift was overloaded or whether any safety rules were broken. The Occupational Safety and Health Division of the Read more

Posted In: In The News, Workers' Compensation
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