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Why You Will Surely Need a Skilled Raleigh Personal Injury Lawyer

Howard Kurtz - 9/4/2013
Industry news

An article on the Miami Herald posted last June 19, 2013 details a lawsuit filed by a couple against the restaurant Shuckers Bar and Grill. The charges are in response to a disaster that occurred six days earlier in the said eatery, when Reynaldo Reyes, Flavia Guisella Ellemberger, their child, and approximately 90 other diners suddenly plunged into the water after the wooden deck they were situated on collapsed. The lawsuit claims that the couple “...suffered bodily injury, disfigurement, mental anguish, and aggravated previously existing conditions..." and that the injuries have cost them dearly.

North Carolina also has its fair share of similar mishaps, and they can happen anytime at any property. Residents of the state should know that they have the right to hold a negligent property owner responsible for any injuries they've sustained on site, and that they can file lawsuits similar to the one illustrated above. They'll thus need a skilled Raleigh personal injury lawyer, such as one from Kurtz & Blum, to represent them in court.

The Miami Herald notes that the restaurant had passed building inspections last January, but the inspector failed to check the deck because “it wasn't required.” Visual inspection after the accident easily revealed the advanced disintegration of the deck's concrete and steel pilings which supported it. The deck's construction date can't precisely be identified, but old aerial photos suggest the structure had been around since the 1960s.

During the fateful day of the disaster, the bar was filled with patrons watching an NBA game between the Miami Heat and the San Antonio Spurs. Reyes, Ellemberger, and their child were among the diners that day, and it's assumed that they won't be the only ones to file a lawsuit against the owner of the bar. The lawsuit operates on premises liability law, claiming that the property owner had “...a duty to properly maintain its property and to warn of dangerous conditions which it had actual or constructive knowledge of… and should have taken action to remedy it.”

North Carolina's premises liability law also works in the same clause; those who file it should be certain of the following: A.) the accountable who caused the injury owed the plaintiff a duty, B.) The accountable failed to accomplish said duty, C.) Plaintiffs suffered injury due to the accountable's failure, and D.) Plaintiffs suffered damages as a result of their injuries. To press charges, aggrieved parties will need the aid of a personal injury lawyer in Raleigh, NC to build a case. Only by proving the above four elements could the case be won, so it's best that individuals get all the legal help they can.

Getting hurt due to the negligence of a property owner shouldn't be ignored, especially if the injury disables the victim and is expensive to treat. Plaintiffs should seek capable lawyers who are knowledgeable in premises liability law for help. It's the right of all to avoid unsafe environments, and the premise liability law is designed to protect that very right.



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