Typically, a health care provider must act “in accordance with the standards of practice among members of the same health care profession with similar training and experience situated in the same or similar communities under the same or similar circumstances at the time of the alleged act giving rise to the cause of action.” The…
Yesterday we talked about the family purpose doctrine. Today we’ll discuss another way to hold someone besides the driver in a car accident liable for damages – the theory of negligent entrustment. Courts in North Carolina have stated the theory of negligent entrustment as follows: Under the negligent entrustment theory the owner is held liable,…
Suppose you are injured in a car accident with a teenage driver. Is it possible to hold the teenage driver’s parents liable for your injuries? Under the family purpose doctrine, the answer is yes. The family purpose doctrine is an extension of the theory of agency. In order to recover damages under the family purpose…
Earlier this week, five students were injured after one CMS school bus rear-ended another CMS school bus in west Charlotte. The five injured students were taken to the hospital with minor injuries. Fortunately, no one was seriously injured, but what if you were? Who would be liable for damages and how would you go about…
Yesterday we discussed whether punitive damages could be awarded to a party injured in a car accident with an impaired driver and determined that they could. That’s all well and good, but how does an injured party get this money? Car insurance typically pays an injured party for compensatory damages but does it cover punitive…
Let’s suppose that you were involved in a car accident with an impaired driver. Can you recover punitive damages in addition to your compensatory damages? In North Carolina, it’s possible that you can. Punitive damages are addressed by North Carolina statute. G.S. 1D-15 states that: (a) Punitive damages may be awarded only if the…
Can someone other than the driver of the car be held responsible for a car accident? Yes, in North Carolina the doctrine of vicarious liability holds that the actions of a principal’s agent are treated the same as if the principal had acted. However, for this to hold true, the agent must be in the…
On Saturday night, a Charlotte woman was seriously injured after being struck by a white Jeep Cherokee while crossing the street at the intersection of Albemarle Road and Sharon Amity Road. The driver of the car did not stop. According to CMPD, the woman was crossing the street outside of a crosswalk. We generally think…