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Contributory Negligence Negligence

Ward and Smith, P.A.

Car Accidents and Third-Party Liability

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Generally, the thought of a car accident brings to mind a victim and an at-fault driver. The at-fault driver, however, may not be the only cause of the accident. Instead, the actions and inactions of other third parties,...more

Ward and Smith, P.A.

North Carolina ATV Accident Law

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Off-Highway Vehicles ("OHVs"), specifically All-Terrain Vehicles ("ATVs") and Utility Terrain Vehicles ("UTVs"), are prevalent throughout North Carolina. These vehicles come in an array of styles and can differ in their...more

White and Williams LLP

Industry Standard and Sole Negligence Defenses Can’t Fix a Defect

White and Williams LLP on

Strict products liability cases have been the subject of much fluctuation in the Pennsylvania courts over the last few years. Utilizing hope created by the courts in recent strict liability cases, defendants have tried to...more

Ward and Smith, P.A.

Roadway Construction Zone Accidents in North Carolina

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North Carolina's population continues to grow, and that means more highways and other roads being built for our increasing population. Also, existing roadways often need maintenance or rehabilitation. This work often is...more

Cranfill Sumner LLP

Contributory Negligence Survives… For Now

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North Carolina adheres to the common law doctrine of contributory negligence. The rule, which has been jettisoned by 46 states in favor of some form of comparative fault, bars recovery by a negligent plaintiff, even if a...more

Ward and Smith, P.A.

North Carolina Personal Injury Claims Involving Minors

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Everyday individuals unfortunately are injured across North Carolina in all sorts of different ways—from car wrecks, to "slip/trip and falls," to other accidents. And, sadly, these injuries sometimes involve children or...more

Ward and Smith, P.A.

Social Host Liability: Legal Issues When Hosting Holiday Parties and Other Social Events in NC

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This is a great time of year in North Carolina. Friends, neighbors, and co-workers find time to get together for various holiday festivities—from holiday parties to New Year's celebrations. In addition to food, and maybe...more

Ward and Smith, P.A.

Wrongful Death Claims in North Carolina

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Introduction - When someone is injured by the negligence of another, the injured party often has a legal claim against the at-fault party under North Carolina law. Sadly, however, sometimes these incidents result in the...more

Ward and Smith, P.A.

Personal Injury Claims in North Carolina

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It's an unfortunate fact, but every day individuals are injured across our state in all sorts of different ways. When an accident happens, victims or their families often wonder what their rights are: Is someone legally...more

Ward and Smith, P.A.

Insurance and Liability: What You Need to Know if You Are Injured in an Automobile Accident

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It's an unfortunate fact, but each year over 100,000 people are injured in automobile accidents in North Carolina, and statistics suggest that nearly every driver will be involved in at least one automobile accident during...more

Haight Brown & Bonesteel LLP

Client Advisory: First Responders' Liability to be Clarified in New Trial Barring Blame of Plaintiff for Prior Contributory...

On January 23, 2015, the Court of Appeal published its opinion in Harb v. City of Bakersfield, et al., a case regarding an incident that occurred almost a decade ago. The opinion clarified how juries can be instructed in...more

Cranfill Sumner LLP

Top 7 Reasons Seatbelt Nonuse Should be Admissible in Civil Cases

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The current law in North Carolina is that evidence of failing to wear a seatbelt is inadmissible in any civil trial in NC. NCGS § 20-135.2A(d)....more

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