Drunk driving crashes can result in devastating injury accidents. Drunk drivers are often unaware of the road conditions around them and have reduced reaction time due to being intoxicated. If you are injured in a drunk driving accident, then you may have a claim against the person who was driving the vehicle that hit your vehicle. North Carolina also recognizes the dram shop liability doctrine, which holds certain entities like bars, hotels, and restaurants, liable if they overserve a patron and allow him or her to leave and get behind the wheel of a vehicle. If you believe that the driver who caused your injuries came from such an establishment, then it is worth looking into a potential cause of action against it. Attorney Jason Burton is prepared to assist you with all phases of your claim including investigating and gathering evidence to ensure that you hold the right people responsible.

Recently, an appellate court in North Carolina issued an opinion in a case that involved a cause of action against a restaurant based on the state’s dram shop liability statute. The defendant named in the complaint was the owner of a series of restaurants that were franchised throughout North Carolina. The defendant provided information to the franchisees on what intoxication looked like and how to prevent it. Also named as a defendant in the action was a patron who routinely spent time at one of the restaurant locations. According to allegations in the complaint, during a period of roughly seven hours, he was served between 13 to 15 alcoholic drinks. The complaint also alleged that one server was primarily responsible for providing him these drinks and that her shift ended before the restaurant closed. Another server took her place and determined that the patron should be cut off from ordering more beverages. This server also provided food for the patron to eat to offset some of his intoxication. After consuming the food, the patron left the restaurant and caused a motor vehicle accident to occur on Interstate 26.

The plaintiff asserted a negligent supervision claim in his complaint alleging that the restaurant did not properly supervise employees, specifically the two who served the intoxicated man, when it came to how many drinks they were providing. The restaurant moved for a directed verdict on the negligent supervision claim and the court granted it, finding that the complaint did not provide enough evidence to suggest that the servers were incompetent. The dram shop liability claim went to the jury, which ultimately concluded that the restaurant was not responsible for the accident and the plaintiff appealed. The basis of the appeal was that the jury instructions provided to the jury were inappropriate. The plaintiff had requested a set of special jury instructions, but the appellate court concluded that they were not appropriate and that the lower court did not make an error in failing to provide them to the jury.

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North Carolina law states that property owners have a duty to guests to keep them reasonably safe from harm. This applies to private property owners as well as operators of large venues like sporting arenas. Just because a venue hosts hundreds or even thousands of people at a time does not imply that the people responsible for operating it exercise appropriate caution. If you were injured at a large venue due to what you believe may be a dangerous condition on the property that could have been warned against or fixed, then you may be entitled to compensation. At Burton Law Firm, our Raleigh premises liability attorney is prepared to help you assert your rights and receive the compensation you deserve from a negligent party.

In a recent claim, a plaintiff filed a lawsuit against the operators of a college baseball stadium alleging that she suffered serious injuries when her foot caught on a loose board causing her to fall. She stood up from her seat preparing to exit the bleachers when her foot caught, and she tumbled down the bleachers to the walkway below. She suffered permanent injuries stemming from a broken back. She lost consciousness at the time of the accident and therefore had little to no memory of what happened.

In response to her complaint, the defendant alleged that the plaintiff acted contributorily negligent at the time of the accident and that the allegedly defective bleacher board was not the direct or proximate cause of her injuries. The defendant filed a motion for summary judgment on these grounds and the trial court granted it.

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Although slip and fall accidents can sometimes lead to minor injuries, they can also lead to devastating disabilities that leave the victim with a permanent injury. A slip and fall accident can happen nearly anywhere but when it happens on someone else’s property, the injured individual may be entitled to compensation from the person or business that was in charge of the property. This is known as a premises liability claim. Attorney Jason M. Burton has substantial experience assisting Raleigh slip and fall victims with determining whether they are legally entitled to compensation. Contact him today to start learning more about your rights.

Recently, the North Carolina Court of Appeals decided a legal dispute involving a slip and fall injury where the plaintiff fell on a walkway covered in mold at her residence. In her lawsuit against the operator of the condominium, she alleged that she used a staircase to access her condo on most occasions. The plaintiff also alleged that during August 2012 she underwent rotator cuff surgery, and this required her to use a different access point. She used a wooden walkway located on both sides of the building to go to and from the parking lot and her condo. The walkways both featured a large white column at a 90-degree turn.

The operator of the condo complex retained another company to maintain these common areas. A few months after her surgery, an employee of this company determined that there was a dangerous mold growing on the walkway and that it made the walkway slippery when it was wet. The employee recommended that the condo operator remove the mold to prevent any injuries, but the condo operator did not respond. Later on, the plaintiff slipped and fell on the walkway and suffered a broken leg as a result. She was heading to the parking lot to obtain something from her vehicle.

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Establishments that sell alcohol have a duty under North Carolina law to ensure that they do not serve alcohol to intoxicated patrons. The laws also extend to social hosts that serve alcohol at a party or gathering.  These laws are called dram shop liability laws and they are important to understand if you were involved in an accident with a drunk driver. Although personal injury accidents happen in many different ways, drunk driving car accidents are one of the more common situations. The impact of a drunk driving accident can be devastating for the victim. These accidents routinely happen at high speed or in extremely dangerous ways such as head-on collisions. Raleigh DUI accident lawyer Jason M. Burton is prepared to help you analyze your potential legal rights following an unnecessary accident with a drunk driver.

A recent case analyzed the application of North Carolina’s dram shop liability statute. The laws generally hold restaurants, bars, hotels, and other retail establishments that serve alcohol liable for serving an intoxicated patron who later causes an accident in North Carolina. The court was asked to analyze whether the plaintiff in the case was contributorily negligent. This is a legal term used to describe instances where the plaintiff was negligent when the accident happened, and the jury or judge determines that this negligence contributed to the plaintiff’s own injuries.

In the case, the defendants operated a hotel that featured a bar. A couple checked into the hotel and went to the bar where they began drinking. During the evening, the couple ordered a total of 24 alcoholic beverages and the wife consumed at least ten of these. She was so inebriated at the conclusion of the evening that staff members at the hotel were required to assist her to her room using a wheelchair to transport her. When the husband woke up the next morning, his wife was unresponsive and later determined to have died. The cause of death was listed as alcohol poisoning.

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Under North Carolina law, property owners have a duty to ensure that some classes of visitors to their properties are safe. This can include a duty to prevent or warn against dangers that may be caused by third parties engaging in criminal activity. There are many issues that come in a premises liability case involving criminal acts from a third party such as whether it was foreseeable that a criminal act would happen on the property in the manner that it happened. Jason Burton is an experienced Raleigh premises liability attorney who believes that injury accident victims deserve knowledgeable and attentive legal representation.

Recently, the North Carolina Court of Appeal issued a ruling in a case involving a student at a university campus who was the target of a prank committed by other students who lived in his dormitory. The plaintiff alleged in his complaint that the other students would set a cup of water above his door so that when he would open it the water would spill on him. The plaintiff decided to speak with the students about the prank and the conversation resulted in physical violence. As a result of the fight, five of the students who were involved received suspensions. The university assigned the plaintiff and his roommate to another dormitory building. After some time, the plaintiff decided to leave the university and to attend school at another campus.

The complaint that the plaintiff filed named the university as a defendant contending that the university was responsible for the emotional distress that the plaintiff suffered. The plaintiff sought punitive damages in the complaint, which is a category of damages intended to punish defendants for, particularly egregious conduct. In response to the complaint, the defendant moved for summary judgment, which was granted by the trial court.

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When a wrongful death accident takes place, the outcome is devastating and unimaginably painful for the loved ones left behind. This is especially true when the victim in the wrongful death accident is a child. If you lost a loved one due to someone else’s negligent conduct, then you may be entitled to compensation. There is no amount of money that can truly repair the hurt that your family has endured, but it can help you deal with the financial impact of the accident including medical expenses, funeral expenses, and the loss of your loved one’s companionship. Raleigh wrongful death lawyer Jason Burton is prepared to help you and your family secure the compensation that you deserve.

In a recent opinion, the North Carolina Court of Appeal assessed the liability of a real estate developer for the death of a child as the result of a dump truck accident. The child was playing near his home when a dump truck participating in construction across the street began to roll and struck him. The operator for the dump truck was not in the vehicle, the chocks were not engaged, and the dump truck was overloaded. The estate for the child brought negligence claims against a number of parties including the developer. It alleged that the developer was negligent by not creating a safer plan for construction of homes in the development. The developer sold individual lots to builders who then engaged in the construction of homes on those lots. The complaint also alleged that the developer did not uphold its duty to minimize any harm to the residents from construction activities.

In response, the developer filed a motion for summary judgment stating that it did not have a duty to the deceased child and could not be held liable for his death. The trial court granted the developer’s motion. On appeal, the North Carolina Court of Appeals concluded that the developer had no duty to oversee the construction activities once it sold a lot to an independent builder and that it was not required to prevent any negligent construction activities from happening on those sites.

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There are a variety of rules that must be followed in a civil case to ensure that your rights are protected and to secure the compensation that you deserve after you are injured in a car accident. Some examples include identifying the witnesses whom you intend to call at trial, having key evidence admitted into the record, and filing certain documents before time limits expire. It can be difficult to navigate these rules, which is why retaining a knowledgeable North Carolina car accident lawyer can relieve a lot of the stress associated with bringing a personal injury claim.

Recently, the North Carolina Court of Appeal issued an opinion in a case in which the parties disputed whether one of the parties could seek an appeal during the litigation before a final decision was rendered. The plaintiff operated a city bus when a vehicle struck the bus from the rear. The plaintiff was injured as a result of the crash and filed a claim against the driver of the vehicle that rear-ended the bus, alleging that the driver operated the vehicle negligently.

During the discovery phase, in which the parties obtain evidence from each other, the defendant filed a motion to compel the plaintiff to provide more thorough responses to some of the defendant’s discovery requests. The trial court granted the motion and issued an order stating that the plaintiff must provide more specific information about her health care providers and injuries before the accident, any mental disabilities that she suffered, and more information about her income and hours worked after the accident.

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Slip and fall accidents can happen virtually anywhere, leaving you with painful injuries and crushing medical expenses. In general, North Carolina law holds a property owner responsible for any injuries that happen as a result of his or her negligent care of the property. But when the property owner is a government entity, a different set of rules applies regarding whether or not the government will be held liable. This is known as the sovereign or governmental immunity doctrine, and it is critical to know whether it will be a factor in your slip and fall case. At Burton Law Firm, our lead attorney handles North Carolina slip and fall cases and is prepared to assist you with evaluating your potential right to compensation.

In a recent North Carolina appellate court opinion, the Supreme Court was ultimately asked to decide whether a city was immune from liability for a slip and fall injury that the plaintiff suffered. The defendant leased the property where the plaintiff lived to a variety of businesses and groups. In the lease documents, it was specifically stated that each defendant bore the responsibility for maintaining the exterior areas of the property. It also stated that the government had the right to visit and inspect the property without notice.

The plaintiff was hurt when she was exiting the building through one of the rear doorways while carrying a large bundle of items. She alleged that she lost her balance and fell down steps on a portion of the stairway that she described as having eroded. As a result of the fall, she broke her hip and suffered other injuries. The plaintiff named the city as a defendant and alleged that it had waived its ability to assert the government immunity doctrine when it purchased liability insurance for the property. She also alleged that the government could not claim immunity because it was engaged in a proprietary function, which is not covered.

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One of the most stressful parts of a car accident unfortunately can be dealing with insurance companies that don’t want to honor the terms of their agreements by providing you with the policy limits. Whether it is your own insurance company or the at-fault driver’s insurance company, it is important to know whether you are being treated fairly, particularly if your injuries and financial damages are severe. Burton Law Firm prides itself on providing compassionate and responsive legal counsel to North Carolina car accident victims and is prepared to help you assert your right to compensation.

The North Carolina Court of Appeal recently issued an opinion in a case in which the parties disputed whether the victim of a car accident was entitled to a $1 million uninsured motorist policy that his employer maintained. The plaintiff was working as a construction worker and helping another employee back a truck out onto a roadway when he was struck by another car.

The plaintiff received workers’ compensation benefits for the crash through the insurance company, which also provided a workers’ compensation policy to the construction employer. The insurer also maintained a business auto coverage policy for the employer that had a $1 million limit for any situation involving underinsured or uninsured motorist coverage. The plaintiff also had a personal auto insurance policy that provided $250,000 for underinsured motorist coverage.

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If you are seeking compensation after an accident, there may be times when you disagree with the court’s decision about a dispute in the case and want to file an appeal. There are only a few situations in which the appellate court will hear an appeal before the case has been resolved in a final decision, such as a judgment for the plaintiff or the defense. It is also important to note that there are deadlines for when a party must file an appeal. If you do not comply with these deadlines, you may waive your right to an appeal. North Carolina personal injury lawyer Jason M. Burton is prepared to help you protect your rights and pursue the compensation that you deserve.

A recent North Carolina appellate court opinion discusses the importance of understanding when and how to appeal. The plaintiff in the case was a woman who brought claims against multiple parties stemming from a fatal car accident involving her husband. Her complaint alleged that one of the defendants, a dealership, allowed a relative of a vehicle buyer to drive a new vehicle from the lot. The relative subsequently got into an accident with the plaintiff’s husband, rear-ending his vehicle and pushing him into oncoming traffic. The plaintiff filed suit against the dealership, the relative, and the buyer of the vehicle. Each of the defendants filed a motion for summary judgment.

The lower court granted the dealership’s motion, finding that it was not liable for the husband’s death, and the plaintiff appealed. The other claims against the vehicle buyer and the relative were still pending before the court. For this reason, the appeal was considered an interlocutory appeal. Most appeals take place after there has been a final resolution in the litigation rather than before the case has been resolved. Here, the plaintiff failed to comply with N.C. Gen. Stat. Section 1A-1, Rule 54(b), stating that an appellant must obtain a certification from the trial court that an order is appropriate for immediate appellate review.

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