The House Commerce Committee has passed Senate Bill 882 Statute of Repose (Product Liability) which extends the statute of repose for damages caused by defective products from six years to 12 years (from date of product purchase). A statute of repose is an end point for pursuing a claim. Generally speaking, an injured party is barred from seeking recovery in a products liability case if the product that causes injury is over 6 years old. This new law, if passed, would extend that period to 12 years. The statute of repose is different from a statute of limitation, which, in North Carolina, states that an injury victim has 3 years from the date of injury to pursue a claim (or 2 years if the injury causes death). Regardless of when the injury occurs, if the product is over 6 years old (or 12 years under the proposed legislation) then you cannot pursue the product liability claim. Understanding the interplay between the statute of repose and the statute of limitations can be difficult. We encourage you to seek legal advice in sorting them out. The bill will now go to the House Judiciary Committee for approval. Hopefully it will become law later this year, and we will keep you updated.
This article was written by Todd P. Oxner
A recent medical malpractice case involving a doctor in Texas ended up getting the nurses who reported him fired from their jobs and facing possible prison sentences. It’s been reported that the nurses sent patient medical records directly to the Texas Medical Board about the lack of care that the doctor’s patients were receiving from him. They were not granted permission by the patients involved but they felt that the misconduct needed to be reported to the Board anonymously, and only patient record numbers were used. The original complaint which involved a concern for patient safety has turned against the very people who were trying to right a wrong. This case shows how difficult it can be to succeed with a malpractice case against a physician. The tactics used by the defense attorneys will make anyone second guess whether or not a wrongdoing should be reported, and that’s just not right.
This article was written by Chip Permar
The backlog of applications for SSD at the initial application stage certainly is increasing with some of it caused by the slump of the economy. The SSA projects that by 2011 another 500,000 claims will be initiated due in part to the ongoing recession. Across the country, there has been an increase in new claims through May 2009 of almost 13%, compared to this same time in 2008. A much higher pending workload of these claims (more than a 26% increase) is leading to much longer processing times. Now, more than ever, it’s important to have the assistance of an attorney to stay on top of a claim and to be sure it’s filed correctly.
This article was written by Chip Permar
While gay marriages may be recognized in some states, the Social Security Administration, as a Federal office, does not give them validity. The Defense of Marriage Act prohibits any acknowledgement. As such, benefits are not distributed to a spouse if there is a same-sex marriage. As a result, couples will need to consider if a union is in their best financial interest.
This article was written by Chip Permar
Five states in our country now outlaw the use of hand-held cellphones while driving. There are 21 states that prohibit the use by new drivers (in NC it’s under age 18)and a third of the states deny hand-held cell phones by school bus drivers (including NC). This information, as posted by the Governors Highway Safety Association, highlights the concern by law enforcement of cell phone and texting distractions.
All drivers are banned from text messaging in 14 states (NC included), with 10 of the states restricting new license holders from texting while driving. Crash data collection,from police reports and survivor and witness interviews, shows that driver distraction can greatly increase the risk of an accident.
In a study released this week by the Virginia Tech Transportation Institute, the dangers of driving a long-haul truck and texting were capitalized. There was a six times greater risk of a crash or near crash when the driver was texting or dialing a cell phone — when his eyes were off of the road. Drivers were aware of video cameras and software in their trucks for these studies and the researchers could see the near-miss scenarios and actual accidents that occurred. To read more information about the study, read it here.
As noted in one article, the ever-present “ping” of an incoming text or the ring of a cell phone can be difficult to ignore, but it may just save your life. Think about it. Focus on the road and don’t be a multi-tasking overachiever.
This article was written by Chip Permar
