Frequently Asked Questions
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Can I sue a property owner if I’m injured because they provided inadequate security?
Under premise liability laws, a victim may be able to pursue damages against a property owner if they were injured because they failed to keep their premises safe. Some examples of these types of cases include:
- Lack of security cameras
- Insufficient lighting in hallways, parking lots, parking garages, and stairways
- Insufficient security staff or guards
- Broken locks or locking devices
- Hiring employees with violent backgrounds
- Inadequate visitor screening processes, such as at a school or hospital
Can private hosts be held responsible for a drunk driving accident?
In addition to dram shop laws, North Carolina also has social host liability laws. A victim of a drunk driving accident can pursue damages against a host who served the drunk driver the alcohol. The elements needed to be legally proved include:
- The host is the person who served or otherwise proved the drunk driver the alcohol.
- The host knew, or should have known, that the drunk driver was intoxicated.
- The host knew the drunk driver they were serving alcohol to would be driving a vehicle when they left.
What signs of impairment are bars and restaurants required to look for when determining if a customer has had too much to drink?
Under North Carolina alcohol beverage control laws, the following are signs that indicate a customer should not be served any alcohol:
- The customer has issues with physical coordination, including clumsiness, spilling drinks, unsteadiness, bumping into tables, unsteady walking, and clumsiness with money.
- The customer exhibits behavior changes, such as happiness, anger, withdrawal, or sullenness.
- The customer exhibits speech patterns which are loud or slurred. The customer may be loud, argumentative, bragging, and swearing
Can a bar or restaurant be held liable for a drunk driving accident?
Under North Carolina dram shop laws, if a victim of a drunk driving crash can prove certain elements, they can recover financial compensation for the losses their injuries caused:
- The victim must prove that the drunk driver obtained alcohol at the establishment they are suing.
- The alcohol the establishment sold the driver caused the driver’s intoxication.
- The driver was legally drunk at the time of the crash.
- The accident was a result of the driver’s intoxication and the victim’s injuries were caused by the crash.
What are signs that a driver may be under the influence of alcohol?
If you see a driver that exhibits any of the following behaviors, avoid driving near their vehicle. Pull over to a safe area and call 911 to report the vehicle to police:
- Excessive speeds
- Swerving between lanes
- Constantly changing lanes without signaling
- Falling asleep while driving
What kind of legal actions does a drunk driver who caused a crash face?
A drunk driver responsible for a crash will often have to deal with legal cases in both criminal and civil court. The majority of drivers will be charged at the scene of the crash and will have to go through the criminal justice system, facing the penalties under North Carolina drunk driving laws.
However, financial compensation for the victims of drunk driving crashes is filed and handled under the jurisdiction of the civil courts. A North Carolina car accident attorney can help a victim pursue these claims. Victims do not have to wait until the criminal case has been resolved to file their suit.
How prevalent are drunk driving accidents?
National statistics show that, despite all of the warnings about the dangers of drinking and driving, approximately 30 people die every single day in drunk driving accidents. Studies show that many of the drivers who choose to drink and drive do so because of the following reasons:
- They do not realize that they have had too much to drink.
- They do realize how much they have had but still think they can safely operate their vehicle.
- They think they can get away with it.
- They don’t believe that they will get into a crash.
What steps should a dog bite victim take?
If a person is bitten by a dog, they should keep the area elevated and cover it with a clean cloth, applying pressure to stop the bleeding. The bite should be washed with soap and water, followed by an antibiotic ointment and sterile bandage. If the bite will not stop bleeding, is deep, begins discharging or becomes red, the victim should seek medical attention immediately.
There are other reasons to seek medical attention immediately, as well, even if the bite appears to be a minor one. The victim may need to get a tetanus shot to fight infection. Also, if there is a question as to whether the dog that bit them is current on their rabies vaccine, medical attention is critical.
After a victim's medical needs have been addressed, they should then contact a Virginia dog bite attorney.
How often do dog bites occur?
According to national statistics, almost half of all American households have at least one dog. Although many of these furry friends are friendly and loving pets, there are still almost 4.5 million people who are victims of dog bites every year. About 800,000 of those victims need medical attention for their injuries. Half of those victims are children.
How can you prevent becoming a dog bite victim?
There are many reasons why a dog will bite, most of them associated with the dog feeling threatened. Keeping that in mind, it is important to follow these tips:
- Learn dog behavior: There are certain signs a dog will often give that indicates they may attack. If a dog puts their ears back, begins cowering, puts their tails between their legs, or bares their teeth, they are letting you know they are feeling frightened, stressed, or threatened.
- Avoiding situations: There are certain situations that make a dog more likely to react and bite, such as if they are eating, sleeping, injured, or sick. A dog may also react if they playing with a toy and feel possessive, just as a female dog may react if they are protecting their puppies. If a dog begins barking or growling, that’s an indicator to avoid entering that dog’s space.
What are the symptoms of mesothelioma?
- Pleural effusions: These are the buildup of extra fluid around the lungs and are found in 90 percent of victims. Pleural effusions are also present in conditions such as embolisms and heart failure, resulting in delayed diagnosis of the mesothelioma.
- Fever and excessive sweating: Fevers without a cold or any other conditions indicate a possible issue, as does excessive night sweats.
- Unexplained weight loss: This occurs in one-third of victims.
- Difficulty swallowing: This is one of the earliest symptoms of mesothelioma and may be accompanied by reflux, hoarseness, or something stuck in the back the victim’s throat.
- Fatigue: This is also one of the early signs of mesothelioma.