One of the most common activities for families with children is to take their kids to the park. When city officials fail to maintain a public park in a safe condition, however, the children can face devastating injuries or even death. If you or your child were injured on public property, you may be entitled to compensation for your injuries and expenses. Bringing a premises liability lawsuit against a government entity can be more complex due to statutes providing government officials with immunity from liability in some instances. Contact our Charlotte premises liability lawyers today to start learning about your potential case.

Recently, the North Carolina Court of Appeal considered a case in which a child who was 18 months old suffered severe burn injuries when he fell on a metal skate park ramp that had become hot from sun exposure. The parents brought a complaint against the city that maintains the skate park and the manufacturer of the metal ramp alleging that the metal ramp was a dangerous condition and that the city and the manufacturer failed to provide a warning that the metal ramp could become dangerously hot due to sun exposure.

The manufacturer filed an answer asserting several affirmative defenses, including intervening negligence of a third party, the babysitter who was supervising the minor at the skate park. The city raised similar defenses and alleged that the plaintiffs did not establish a viable claim against the city. The city later filed a motion to dismiss on the basis that it was entitled to immunity under N.C. Gen. Stat. section 99E-21, et seq., and that the plaintiff’s complaint failed to establish negligence or gross negligence on the part of the city. The lower court granted the motion and the plaintiffs appealed.

In certain situations, a property owner has a duty to protect you from dangers that may be caused by third-parties, such as people committing criminal acts. This type of liability can be tricky, especially when it is not clear whether the property owner owed you a duty to protect you or whether the harm that you received was foreseeable. At Maurer Law, our seasoned team of Charlotte personal injury lawyers has handled a number of premises liability cases and we are ready to assist you in determining whether you are owed compensation for your injuries.

In a recent case, the plaintiff was a student at a university who was the victim of a prank in the dormitory. A group of students placed a cup of water above the plaintiff’s door so that it would spill on the plaintiff when he opened the door. The plaintiff confronted the group of students about the prank and the interaction became violent. Five students were suspended as a result of the altercation and the plaintiff along with his roommate were moved to another dorm. Eventually, the plaintiff withdrew from the university and enrolled elsewhere.

The plaintiff later filed a lawsuit against the university and its Board of Trustees, alleging that the university negligently caused the plaintiff to experience emotional distress and sought punitive damages for its alleged willful and wanton disregard for the plaintiff’s rights. The university moved for summary judgment and the lower court granted the motion. The plaintiff appealed on the basis that he had established that the university owed him a duty of care and failed to act according to that duty, and that he suffered damages as a direct and foreseeable result of that failure.

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Accidents can happen anywhere, including public places. When it comes to suing an entity for injuries that you sustained in a slip and fall accident, in general, you must prove that the defendant knew or should have known that a dangerous condition existed on the property and that it failed to make the condition safe or to provide a warning. At Maurer Law, our seasoned team of Asheville personal injury lawyers is prepared to help you explore whether you are entitled to compensation and the best way to go about securing the settlement or judgment that you deserve. We know how overwhelming this situation can be for you and your family, especially if you are suffering from painful injuries. Don’t wait to contact us because time may be running out on your claim.

In a recent case, the plaintiff alleged that she suffered injuries when she fell at an aquarium in Pine Knoll Shores during a Halloween-themed event. She required a hip replacement as a result of the fall. In her complaint, the plaintiff alleged that the defendant was negligent in failing to maintain the common areas of the property and in failing to warn people about the presence of a dangerous condition. The defendant denied the allegations and argued that the plaintiff was contributorily negligent. Initially, the assigned Commissioner concluded that the defendant was negligent, and that the plaintiff was not contributorily negligent. It awarded the plaintiff damages in the amount of roughly $72,000.

The defendant appealed the matter to the Full Commission, which reversed on the basis that the plaintiff failed to prove that the defendant knew or should have known that a dangerous condition existed on the premises.

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A key aspect of any workers’ compensation case is showing that your injury arose from the course and scope of your employment. If you are unable to demonstrate this, then you will not be awarded benefits and medical expense reimbursements. The diligent team of Charlotte work injury lawyers at Maurer Law have guided countless individuals through the benefit claims process and we are prepared to assist you.

In a recent claim, a worker was a transporter who was responsible for loading 100-pound to 200-pound tires into a tractor-trailer and delivering them. Sometimes he would unload the tires himself and he would make anywhere between four and 12 deliveries each day. Reportedly, while making a delivery in 2015, a tire fell from the truck and hit him in the chest. It bounced and hit him in the chest again. He was later taken to an urgent care center. It was later determined that he suffered an aortic dissection and collapsed lung, requiring him to be admitted to the ICU.

As a result of his injury, plaintiff’s physician instructed him that he would not be able to lift more than 40-pounds indefinitely. The doctor’s medical opinion concluded that the plaintiff was permanently disabled and incapable of returning to work.

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When someone suffers an injury on the job, they may worry about whether their employer will retaliate against them if they file a claim for workers’ compensation benefits. This system is designed to ensure that you have the financial support you need to cope with your injury and inability to work following the injury or accident. The rules make it clear that an employer cannot treat an employee unfairly or unjustly because he or she has requested benefits. If you were injured at work, our knowledgeable team of Charlotte workers’ compensation lawyers is standing by to help you secure your right to benefits.

In a recent case, the plaintiff was reportedly employed as a police officer from February 2009 until he was terminated in January 2016. The plaintiff filed a civil action claiming that the termination was a retaliatory response to his claim for workers’ compensation benefits. As background, the police department received a grant to purchase two police motorcycles as long as they were used regularly. The plaintiff was hired to fill one of the motorcycle positions.

Sometime in 2015, Plaintiff’s supervisor noticed that the plaintiff was not using the motorcycle regularly. The plaintiff informed the supervisor that it was too hot that day. The supervisor later sent an email to the plaintiff instructing him to ride his motorcycle every day. One month later, the plaintiff was hospitalized for heat-related symptoms while riding his motorcycle at work. The plaintiff filed a claim seeking workers’ compensation benefits for this medical emergency.

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Dog bite attacks can lead to devastating injuries that are painful and that may leave permanent scarring. It can be difficult to remember exactly what happened when a dog bite injury occurs quickly and suddenly. Our seasoned team of Charlotte personal injury lawyers is standing by to help you evaluate your potential dog bite case, which includes assisting you with gathering evidence and working with insurance companies.

In a recent case, a man was reportedly attacked by two dogs while walking down the street requiring him to be hospitalized for 13 days. He sustained permanent injuries to his legs as a result of the attack. One month before this attack, the man’s brother was attacked by dogs while walking on the same street.

The man brought a civil lawsuit against the owner of the dogs and the owners of the properties where the dogs were being housed. Two sisters owned the two adjoining parcels of land. There was a residence on the first sister’s parcel. On the second sister’s side was a vacant and uninhabitable home. Neither party used the parcels for a permanent residence and both lived out of state. The sisters and their brother had keys and full access to the inhabitable home at all times. The brother ran a pitbull breeding business and built on enclosure on the second sister’s land. Electricity and water from the first sister’s property were used to support the dog breeding business. There was no fence between the sisters’ parcels.

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Car accident victims are almost always concerned about medical bills and if they will be saddled with extraordinary debt as a result of a crash that someone else caused. Our team of diligent Raleigh car accident lawyers has guided countless individuals through the legal system and helped accident victims understand their rights after someone else has driven carelessly and caused a crash. If you face serious medical bills and other expenses, you may be entitled to compensation. Let us help you assert your legal rights today.

Recently, the North Carolina Court of Appeal handled a case that involved an issue stemming from medical bills that a victim incurred as the result of a car accident. The victim of the crash reported to a hospital to receive treatment for his injuries. The hospital learned that another driver was responsible for the accident and instead of billing the plaintiff’s healthcare insurer, it decided to rely on medical lien statutes and any payments that the plaintiff received from the other driver. It sent the plaintiff a letter notifying him that he had nearly $7,000 in medical bills and that the hospital asserted a medical lien against any liability recovery, medical payments, or uninsured/underinsured motorist coverage.

A statute prohibits hospitals from billing patients for expenses that would have been covered pursuant to a healthcare policy. In the lawsuit that arose regarding payment of the plaintiff’s bills, the court had to consider whether this statute prohibits a hospital from relying solely on medical liens and any potential judgment that the patient receives from someone who caused the injury instead of billing the health insurer for that patient.

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There are countless laws that apply to a personal injury accident lawsuit and some of these laws allow the defendant to examine whether a plaintiff acted negligently in contributing to his or her injury. At Maurer Law, we have seen firsthand how disruptive and stressful an injury accident can be for the victim. Our seasoned team of Charlotte personal injury lawyers is standing by to help you explore whether you have a right to compensation.

Recently, a plaintiff in a personal injury action filed an appeal after the lower court denied her claim against the North Carolina Department of Transportation (NCDOT) seeking compensation for injuries that she suffered when she cut across a grass median and fell into a storm drain some five feet underground. She alleged specifically that the entity was negligent in maintaining and inspecting the storm drain because when she fell into the drain, the grate that would have covered the opening had been removed and was lying on the grass five feet away.

The plaintiff brought the claim under the North Carolina Tort Claims Act. This statute sets out a different set of rules and guidelines that parties must follow when seeking damages from a government entity. Unlike a regular negligence claim against a private person, there are different things that a plaintiff must prove to prevail against a government entity. In most cases, claims against municipalities are more complex and require the experience of a dedicated personal injury lawyer.

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If you are injured in a car accident or pedestrian accident it is critical for you to know your rights and to understand whether the person who caused your injuries owes you compensation. There are countless doctrines and laws that are involved in a personal injury accident, which can make the process seem incredibly overwhelming. At Maurer Law, our seasoned Raleigh car accident lawyers are prepared to help you navigate the legal system as efficiently and smoothly as possible while ensuring that you receive the fair outcome that you deserve.

A recent case involved a pedestrian accident in which the plaintiff, a pedestrian, was attempting to cross the street. The plaintiff stepped into the roadway in front of an SUV that had come to a stop in the road because of accumulating traffic in its lane. As the plaintiff stepped into the road, she peered around the front of the SUV to see if the lane was clear. The SUV driver blew its horn and the plaintiff decided to run across the road. The defendant’s vehicle, which was traveling in the lane adjacent to the lane in which the SUV was stopped, immediately struck the plaintiff.

The plaintiff filed a complaint alleging that the defendant was negligent in hitting the plaintiff. The defendant moved for summary judgment on the basis that the plaintiff was contributorily negligent by running out into the road. The lower court agreed and granted the motion. The plaintiff appealed, arguing that there were questions of fact regarding whether she was contributorily negligent and whether the doctrine of last clear chance applied.

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One of the biggest questions we receive as North Carolina workers’ compensation lawyers is whether a work injury is covered under the system. The system is designed to provide compensation for injuries that happen on the job or as a direct result of a worker’s job duties. We have handled countless work injury claims and have substantial experience navigating the workers’ compensation system. We are ready to put our dedicated legal service to use on your behalf.

In a recent workers’ compensation claim, a worker suffered an injury while working as a flight attendant when she attempted to remove a wheelchair dislodged in a compartment on a plane. The defendant insurance company denied the plaintiff’s claim for workers’ compensation benefits, and a deputy commissioner determined that the worker should be awarded partial relief. The parties appealed, and the Full Commission denied the plaintiff’s claim outright on the basis of credibility.

After reviewing the basic workers’ compensation rules, the appellate court specified that for an injury to be compensable, it must happen in the course of employment, which involves reviewing the time, place, and circumstances under which the accident took place. The worker’s first basis for appeal was that the lower court did not make proper findings regarding the testimony that her co-workers provided. The appellate court disagreed. Just because the court failed to recite the testimony or make significant mention of it in its opinion did not necessarily mean that the court failed to consider the weight of the testimony. Reviewing the opinion, the judge made numerous references to the testimony and described the co-workers’ testimony in detail.

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