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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Can Social Media Posts Negatively Impact Your Personal Injury Claim?

Attorney Jason Burton

Social media platforms are firmly ingrained in our society and have changed the way individuals communicate and receive information. You may think your social media post is benign or routine, but what you post on the internet can have a devastating impact on your personal injury claim and the ultimate recovery obtained as a result of your injuries. At such a critical moment in your life, it is important to take all necessary precautions to prevent your social media posts from adversely affecting your personal injury case.

What are the Best Social Media Practices for Those Involved in Personal Injury Cases?

Attorney Jason Burton

If you have been injured by a drunk driver in North Carolina, there are many factors to consider as you seek legal representation to protect your rights and secure the compensation you deserve. North Carolina is an “at-fault” state, which increases the likelihood of an accident victim being able to sue a drunk driver and hold them accountable for losses related to pain and suffering, medical expenses, rehabilitation, wages and future earnings, and property damage. In addition to compensatory damages, you may be entitled to punitive damages as a result of the drunk driver’s willful or wanton conduct in causing your injuries.

Factors to Consider

In order to determine the best strategy to maximize your recovery in a drunk driving accident, it is important to gather all relevant information about the driver that caused your injuries. For example, if the driver has a previous history of driving under the influence or other traffic related infractions, you may be entitled to recover punitive damages in addition to compensatory damages. In addition, if the driver was acting willfully or wantonly, or if a third party is liable for serving alcohol to the driver past intoxication, these facts could increase your claim for compensation. If the drunk driver was operating someone else’s vehicle at the time of the accident, you could have a claim against the owner of the car. With such important considerations, it is also important to talk to an experienced attorney who can help you understand your rights and protect your future.

Attorney Jason M. Burton

Our client-centered firm is proud to accept the American Institute of Personal Injury Attorneys’ nomination of Jason Burton as a 10 Best Attorney in North Carolina For High Verdict & Settlement in Personal Injury Law for 2018.

From the AIOPIA:

The American Institute of Personal Injury Attorneys has recognized the exceptional performance of North Carolina’s Personal Injury Attorney Jason Michael Burton as 2018 10 Best High Verdict & Settlement Attorney for Personal Injury. The American Institute of Personal Injury Attorneys is a third-party attorney rating organization that publishes an annual list of the Top 10 Best High Verdict & Settlement Attorney for Personal Injury in each state. Attorneys who are selected to the “10 Best” list must pass AIOPIA’s rigorous selection process, which is based on client and/or peer nominations, thorough research, and AIOPIA’s independent evaluation. AIOPIA’s annual list was created to be used as a resource for clients during the attorney selection process. One of the most significant aspects of the selection process involves attorneys’ relationships and reputation among his or her clients. As clients should be an attorney’s top priority, AIOPIA places the utmost emphasis on selecting lawyers who have achieved significant success in the field of Personal Injury law without sacrificing the service and support they provide. Selection criteria therefore focus on attorneys who demonstrate the highest standards of Client Satisfaction. We congratulate Jason Michael Burton on this achievement and we are honored to have him as a 2018 AIOPIA Member.

Wrongful Death Case

The deep pain caused by the unforeseen death of a family member is one of the most distressing experiences you could ever face. In the midst of the shock and grief, you will be tasked with managing the financial and legal implications of your loss. Mitigating this process is overwhelming and agonizing, and often raises all kinds of questions related to the tragedy and its aftermath.

My Loved One Died. Is This a Wrongful Death Case?

Wrongful death is defined as a fatal accident resulting from the negligence, carelessness, or wrongful actions of an individual or corporation. Wrongful death cases commonly arise from car accidents, trucking accidents, motorcycle accidents, premises liability cases, and medical malpractice cases.