Boo! Tips to avoid "Spooky" lawsuits -- Special Halloween LEGAL TRENDS

LEGAL TRENDS, ODDS & ENDS

Insights into North Carolina Law

from Civil Trial Attorney Mike Daisley

SPECIAL HALLOWEEN EDITION October 2012

BOO!

It's that time of year... Once again, here are some "tricks" for a safer

Halloween on the roads and at home.

(Your "treat" might just be avoiding some "scary" lawyer!)

Greetings!

Although it can be a little frightening to get two newsletters from me in the same month, I have faith that my readers can handle it! (In case you missed it, the LEGAL TRENDS from earlier this monthh offered a few insights into the upcoming Judicial Elections taking place in Mecklenburg County and all across North Carolina. There were many appreciative responses, for which I'm really quite grateful. There were even a few suggestions of additional resources such as the NC State Bar Association's website and the North Carolina Advocates for Justice.)

This special e-dition features a few quick reminders on how to avoid the scariest goblin of all on Halloween -- a lawsuit! Seriously, every year from all over the country come reports of careless behavior that leads to serious and catastrophic injuries, and sometimes even wrongful death. A few simple steps -- up front! -- can keep keep loved ones and visitors safe.

First of all, follow these few Halloween safety rules to help make sure that worst thing to happen to the little ghouls around your neighborhood is a stomach ache from too much candy. Pediatricians advise bright costumes for the kids, while AAA advises motorists to drive at least 5 MPH below the speed limit on October 31, and the ASPCA warns against hazards to your pets on Fright Night.

As a homeowner, so long as you take reasonable precautions, you can be reasonably safe from liability in the event that some injury does occur on your property. North Carolina law makes clear that a homeowner is NOT an "insurer" of a visitor's safety, but why put that to the test? Insurance experts recommend 10 easy tips to help avoid liability. (I've had to file suit against homeowners before. An ounce of prevention often prevents a ton of litigation hassle.) Your agent for homeowner's insurance agent will be happier, trust me.

And, if you are driving Monday, do be extra cautious in neighborhoods. Even if you are going the speed limit, you might not be immune from liability. (Again, why give a trial attorney like myself the opportunity to argue that what might be "safe driving" on a Sunday morning or Wednesday afternoon is NOT safe for the twilight hours of Halloween?) Here's a scary Halloween tale -- from North Carolina! It is the case of the devilish driver who DID NOT SLOW DOWN on Halloween, and had his injury case thrown out because of it. (OK, so it's more boring than scary, but it did take place on Halloween!)

Best wishes for a scary -- BUT SAFE -- Halloween!

All the best,

Michel C. Daisley

Attorney & Certified Mediator, NCDRC

DAISLEYLAW, PLLC

2412 Arty Avenue
Charlotte, North Carolina 28208

MDaisley@DaisleyLaw.com

phone: (704) 887-6776

fax: (704) 887-6790

Interested in a real horror story?

Check out some of our legal videos

and other newsletters!

Forget silly little Stephen King novels and Friday the 13th, Part 43...If you really want to stay up late at night just looking at the walls in terror, sample some of our firm's legal video's on our webpage. Or for more torture, you can browse past newsletters, not just for LEGAL TRENDS but also MEDIATION MINUTE.

As always, we appreciate any feedback, good or bad. (I promise we won't haunt you...while you're awake.)

You're receiving this email because of your or your company's previous contacts with Charlotte attorney Mike Daisley of the law firm of DaisleyLaw, PLLC. Its purpose is to provide you and your colleagues and friends with helpful information and general legal insights. This email is NOT intended as a solicitation of representation, nor specific advice for any specific legal problems or issues.