I Fell On Someone Else’s Property, Who Is Responsible for My Medical Bills?
A common question I get when someone has a slip and fall accident at a store or someone else’s property is who is responsible for their injuries and medical bills. Many people believe that if they fall or are hurt on other another’s property the owner of the property is responsible for any injuries or medical bills. This is a misconception and these cases are typically very tough to win in North Carolina.
The law is clear that owners of real property are not responsible for the safety of visitors. Rather, owners of real property only have a duty to ensure the property is reasonably safe and to tell visitors if there are any “latent defects” in the property, or defects that could not be found upon reasonable inspection. What that means is if a person steps in a hole that is “open and obvious” or slips in a pool of water that one can see if keeping a reasonable lookout, the property owner is not responsible.
For example, if you were walking through a parking lot after a snowstorm and fell because it is slick, this would not be the fault of the property owner because they have no duty to warn that the snow makes the parking lot slick. However, if a person is walking down the stairs from his apartment and the stairs collapse because, unknown to him, the stairs are in need of repair, the property owner is probably responsible for any injuries.
As if the law of liability was not tough enough, North Carolina is also one of five jurisdictions in the United States that still follows the doctrine of contributory negligence. Contributory negligence means that the person who slips and falls, regardless of fault by the property owner, was not using due care, or not keeping a reasonable lookout. So, let’s go back to the stairs. If the stairs are in need of repair, but it is obvious the stairs are not safe, a person might be blocked by his own contributory negligence by using the stairs and be at fault.
The laws can be confusing. If you have been injured on someone else’s property and have questions concerning who’s at fault, give Oxner + Permar a call for a free consultation.
The Carolina Field of Honor at Triad Park
Every year The War Memorial Foundation hosts two events, one for Memorial Day and for Veteran’s Day. The events are held at The Carolina Field of Honor, which serves as a gathering place for ceremonies and events to honor those who serve.
Their mission is to honor service men and women, educate families, and to help children know the stories and memories from Veterans. Keeping their stories and memories alive honors them and their service, and also enables the next generation to respect the honor of serving their country.
At Oxner + Permar we enjoy taking part in local events and showing our appreciation to the Veterans in our community. There are thousands of residents who have served or are currently serving and it is important to us to honor their stories, memories, and experiences.
If you are interested in attending the next event held at The Carolina Field of Honor you can check out their website for further details. You can also follow Oxner + Permar on Facebook where we provide additional community events and resources.
Si eres un contratista independiente, hay una posibilidad que no podrás recibir compensación por su lesión laboral?
Bajo las leyes del estado de Carolina del Norte, en general, tienes que ser considerado un “empleado” bajo las definiciones legales para ser elegible de recibir beneficios de lesiones laborales. Para saber si eres un “empleado,” hay unos factores que tienes que demonstrar a la corte. Por entonces, si usted empezó su trabajo sin llenar una aplicación, o sin tener entrevista, y/o sin tener instrucciones especificas o supervisión de su trabajo, usted toma el riesgo de no ser elegible de recibir beneficios si eres lesionado en su trabajo.
Es por esto que es importante que usted se ponga en contacto con abogados con experiencia si eres lesionado en el trabajo. Nosotros aquí en Oxner + Permar tenemos bastante experiencia con estas situaciones, y ayudarle en español. ¡Llamenos!
Can An Attorney Help With My Social Security Disability Claim?
Do you need an attorney to file for Social Security Disability? No. But can an attorney be very beneficial in your outcome? Yes! The National Organization of Social Security Claimants’ Representatives announced that the Government Accountability Office (GAO) examined the rate of Social Security Disability claim approval at hearings. The study revealed that those who had legal representation were given benefits nearly 3 times higher than those without a representative.
Filing for Social Security Disability can be done on your own but requires you to jump through many hoops. Working with an experienced attorney who is familiar with the process and understands all of the steps can have a positive impact at your hearing. Claims that are filed without the help of an attorney are initially denied most of the time.
Working with an experienced attorney ensures everything is done right and increases your chances of receiving benefits. Don’t risk having your claim denied because of a mistake filing your claim.
Oxner + Permar has vast experience in representing claimants in their Social Security Disability cases. Contact us today for a free consultation.
What Should I Do After A Hit-and-Run Crash?
If you are the victim of a hit-and-run, it can be a scary and frustrating experience. It may feel like a hopeless situation to be in but there are still steps you need to take to protect yourself. If you find yourself in this situation the first thing you should do is call the police. The police may be able to find the driver. At the very least they will be able to provide you with an accident report showing the crash was the result of a hit-and-run—you will need this official documentation for your insurance claim. After you call the police you will also need to:
- Get medical attention. You are going to have to prove that you got injured in the crash. Simply saying you were hurt will not be good enough for the insurance company.
- Call your insurance company. You need to tell them you got into an accident, the accident was a hit-and-run, and that you intend to make a claim on your policy.
- Review your insurance policy. Find out what the claims process is and find out what the maximum policy coverage is for uninsured motorist claims because they will not pay more than the maximum limit.
- Proceed with an uninsured motorist claim. Your insurance company takes the place of the other driver whose insurance should actually be paying.
As terrible as a hit-and-run crash can be, there are steps you can and should take that could possibly lead to the arrest of the driver, or at the very least help you have a better outcome.
If you have been the victim of a hit-and-run and have any questions, don’t hesitate to give Oxner + Permar a call for a free consultation.