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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 90089
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My name is XXXXX XXXXX was an accident that took place in

Customer Question

My name is XXXXX XXXXX was an accident that took place in the state of NC 2 months ago that involved surgery to an 87 year old women who was very much enjoying life to it's fulliest and now her days are long and challenger for her. We were told that no lawyer in the state of NC would handle this case, so we are seeking outside help of NC can you help or shed some light as to what we needs to be done to obtain a lawyer
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.

Than you for your question. I look forward to working wit you to provide you the information you are seeking.

Why would she be turned down for representation unless there was nobody else responsible for the accident or the responsible party has no insurance or money? Please therefore share all of the facts with us because it does not make sense if a third party is liable that she would be turned down for representation.

Customer: replied 1 year ago.


her fall took place in the ER she was there to visit a friend , their was a combative patience that the sheiffs was stuggling with ,people started to run once a nurse was trying to injected the man with a needle to calm him down he was fighting the sheriffs and people started shouting he has a gun my mom was run over in the process fracture her hip and had surgery the following day a total hip replacement

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response. I see your mother's problem now and why she is having an issue.

In order to be able to sue anyone she has to actually prove who is liable for her injuries. Under the extreme mass confusion you describe, it is doubtful proving anyone is liable for her injuries would be possible.

The NC courts state, In a premises liability case, the duty to exercise reasonable care "requires that the landowner not necessarily expose a lawful visitor to danger and give warning of hidden hazards of which the landowner has express or implied knowledge." Bolick v. Bon Worth, Inc., 150 N.C.App. 428, 430, 562 S.E.2d 602, 604, disc. review denied, 356 N.C. 297, 570 S.E.2d 498 (2002).

Thus, where in a negligence action a plaintiff must show that the defendant had a duty to the plaintiff and that the defendant breached that duty, thereby causing the plaintiff's injuries, ... a plaintiff in a premises liability action must show that the defendant owed her a duty, and that the defendant breached that duty by unnecessarily exposing her to danger and failing to warn her of "hidden hazards of which the landowner has express or implied knowledge[,]" thereby causing her injuries." See: Cherney v. North Carolina Zoological, 657 S.E.2d 35 (N.C., 2008).

The issue your mom has is proving the hospital or the sheriff performing his lawful duties had some duty to protect your mom from this type of harm occurring in this way on their premises. As this was an emergency situation that the hospital had no forewarning over, this is where holding them liable for not warning your mother or taking better action to prevent this from happening to your mother would be almost impossible.

This is what attorneys do when clients come in with a case, they look at the facts and what the case law says you have to prove. Not every injury that takes place on the property of someone else makes the owner of that property liable for the injury according to the NC case law and I am afraid that is the conclusion the attorneys you have presented the evidence to are discovering as well. The case law above is what the NC Supreme Court states, so that is what you and the attorneys are bound by.

You are free to try to consult with some premises liability attorneys in Raleigh or Charlotte which you can find at the same sites used by other attorneys, http://www.martindale.com or http://www.hg.org, but I am afraid that based on your facts the hospital is likely not going to be able to held liable for your mom's injury.





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Customer: replied 1 year ago.


let me understand this the hospital has records of the same combative man coming to this hospital who has a history of trouble and well known to this hospital

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

I understand that they may have hospital records of him being combative in the past, but under the NC Rules of Evidence, past conduct cannot be introduced to prove conformity therewith. Furthermore, if they had a sheriff with him as you stated, then it was up to the Sheriff to control him and if the Sheriff was not grossly negligent they are protected by qualified immunity.

These are the things attorneys look at when dealing with these cases, they have to establish a duty to protect someone from the type of harm that occurred and show how the owner of the property breached that duty. If there was a sheriff's deputy present, then unless the deputy was grossly negligent in their duty for which the deputy and his department could be held liable the hospital has satisfied that duty.

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