Exceptions to Contributory Negligence in North Carolina
December 29, 2023 | News & InsightsIt is a general principle of personal injury law that a tortfeasor (i.e., the party who commits a tort) is liable to the party injured by their behavior. However, like virtually all legal doctrines,...
What Defendants Need to Know About Vicarious Liability
November 30, 2023 | News & InsightsIt is a well-settled principle of personal injury law that damages may only be assessed against the party who was actually responsible for the harm caused. However, like almost all legal rules, there...
How a Preexisting Injury Can Affect a Personal Injury Claim
October 31, 2023 | News & InsightsCar accidents, slips and falls, and medical malpractice cases are rarely as straightforward as they sometimes appear. One reason why personal injury claims such as these can become more complex than...
The Plaintiff’s Duty to Mitigate Damages
September 29, 2023 | News & InsightsThe general rule of personal injury law is that the defendant is liable to a successful plaintiff for the full measure of their damages — that is, whatever amount it takes to put the plaintiff in...
Strategies for Minimizing Medical Malpractice Risk
August 31, 2023 | News & InsightsAccusations of medical malpractice are among the most serious risks for doctors and other healthcare professionals. While the burden of proving medical malpractice is high, even the accusation of...
Under the law of negligence, a defendant who breaches a duty to a plaintiff and thereby causes injury generally is liable to the plaintiff for the injuries they cause. However, there are several...
Untangling Emotional Distress Claims
June 30, 2023 | News & InsightsMost personal injury claims are based on allegations that the defendant’s conduct caused physical injuries to the plaintiff. While plaintiffs may be entitled to non-economic damages like pain and...
Businesses that design, manufacture, or sell products to the public face an additional form of personal injury liability risk through their activities. Such businesses are often the target of products...
How to Defeat Premises Liability Claims in North Carolina
April 28, 2023 | News & InsightsPremises liability is a type of personal injury law that governs the relationships between property owners and visitors to their property. It encompasses nearly all kinds of cases in which a visitor...
Punitive Damages in North Carolina
March 31, 2023 | News & InsightsLitigation risk is one of the primary operating concerns for many companies in North Carolina. While effective risk management strategies can help to alleviate some of those concerns, the prospect of...