LEGAL TRENDS, ODDS & ENDS   
Insights into North Carolina Law from 
Civil Litigation Attorney
MIKE DAISLEY 
 
SPECIAL HALLOWEEN EDITION 2014
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Civil Litigation Attorney
Mike Daisley 
...hiding until the election is over.
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A FEW TRICKS TO STAY SAFE...(SO YOU CAN SAVOR THE "TREATS" OF AVOIDING LIABILITY!) 

Getting a second "Legal Trends" in a month can be REALLY scary...
(But so is getting a letter from a lawyer because you drove too fast on Halloween or failed to keep your house safe for all the visiting goblins!)
 
     
     
     Earlier this month, I posted a LEGAL TRENDS newsletter on the vital importance of the judicial elections at the bottom of the ballot, and suggested that they are even more significant to daily life than the very expensive U.S. Senate race. And while I understand it can be downright scary getting TWO newsletters from a lawyer in the same month, desperate times call for desperate measures. It's Halloween weekend time, and all kinds of liability traps are just waiting for the careless and ill-prepared.  So read on...if you dare!!!  Bwhahahahaha!
     One of my favorite Halloween cases comes from a N.C. Court of Appeals opinion from a decade ago, involving a car crash here in Charlotte.  The main 'take away" point to me was that the Court seemed to be broadly hinting that what might be acceptable at some times is NOT necessarily safe on "Fright Night."  Here's a quote from the case:
Discussing homeowners liability at Halloween last October with Jason Stoogenke of Channel 9 Action News.
     

    In the instant case, the evidence presented at trial tends to show that as plaintiff approached the scene of the accident, plaintiff was aware it was Halloween and that children might be in the area. Nevertheless, plaintiff continued to exceed the speed limit of Main Street, even though, according to defendant, children were exiting the vehicle parked in the southbound lane. We conclude that this evidence was sufficient to extinguish the presumption in plaintiff's favor and is sufficient to support the trial court's decision to submit the issue of contributory negligence to the jury.  

Whisnant v. Herrera  166 N.C. App. at 723.


 


 

     So, in a word (Ok, maybe two words) what that means for North Carolina drivers out on Halloween is "SLOW DOWN!")

     While that advice will keep your car insurance agent happy, here are a few tips (borrowed from last year's e-dition of LEGAL TRENDS) to keep your home insurance agent a little more relaxed. Last October, I hosted WSOC-TV's Jason Stoogenke who was interested in running a story about how homeowner's can avoid liability from Halloween accidents. (CLICK HERE to watch the video.) There are other lists, of course, but here were the top four that I suggested, based on what I've seen over the last three decades of law practice:
     These FOUR EASY STEPS can go a long way in preventing them:
  • Keep sidewalks and driveways well lit.  Dark shadows may be spooky, but they are also dangerous.  Consider decorations that are illuminated, such as Jack-o-Lanterns on all paths to and from the front door.
  • No loose electric cords.  Yes, the big Frankenstein in the front yard looks great, especially with all the floodlights on it.  BUT if those electric wires running to the house are just strewn across the paths of little ones coming and going, you're asking for trouble.
  • Give Fido the night off.   I know you have the friendliest dog on the planet.  (Actually, I do. Her name is Sandy, and you can see a picture of her on my theology blog, WithGladness.org; I'm happy to introduce you anytime.) But when strange creatures come into his/her territory, strange behaviors are bound to occur.  Don't chance it.  Lock up all pets during Trick-or-Treat time.
  • No candles.  It's 2013 people!  You can get little lights that flicker, and they look just like candlelight.  And guess what? They have ZERO chance of catching fire. USE THEM!
     Last but not least, a good colleague in Chapel Hill sent out some sound advice earlier in the week regarding how to avoid liability at Halloween Parties, especially at the office.  His advice was 1) don't make the office Halloween party mandatory, 2) do inform employees that the office dress code against sexually suggestive or racially/ethnically insensitive clothing and costumes still applies, and 3) keep in mind workplace safety rules are still in effect and that injuries will be subject to Worker's Compensation, and was based on his perspective as an employment lawyer.  

     Let me one more, based on my years seeing some very tragic car crashes occur on Halloween -- DON'T OVERSERVE your guests.  Call them a cab if you are not sure they can drive.  (Or call Uber or Lyft -- CLICK HERE to see a video of a news story that had me talking about the potential liability of those services if there was a wreck while you are being transported anywhere.)

     OK, enough scary talk for one All Hallow's Eve.  Have a great -- and SAFE -- time this weekend!

All the best,
Signature                                                
Michel C. Daisley
Attorney & Certified Mediator, NCDRC

  

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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. You might even venture over to a "theology and the law" blog, WITHGLADNESS.ORG.

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

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