North Carolina Injury Lawyer Blog

If someone causes you to suffer an injury while they are on the job, then you may have a claim against their employer for compensation. Like many states, North Carolina recognizes a legal doctrine called vicarious liability. This doctrine says that an employer can be held liable for the torts that its employee causes during the course and scope of employment. Because so many motorists are actually on the job while they are out driving, this doctrine comes up quite often in personal injury lawsuits involving car accidents. In addition to a vicarious liability claim, there are a few other causes of action that may allow you to pursue compensation from the employer. If you were injured in a car accident and want to know more about whether you may be able to seek compensation from the at-fault party’s employer, contact the Raleigh car accident lawyers at Maurer Law now.

A recent Court of Appeal opinion discusses one of the common claim types that you may be able to bring against an employer called negligent hiring, retention, or supervision. In the case, the plaintiffs were elderly individuals who received in-home care services from the defendant’s company. Several high-value items went missing from the plaintiff’s home, and one of the workers and two accomplices later robbed the plaintiffs at gunpoint. The plaintiffs filed a complaint alleging negligence and punitive damages against the defendant.

During the trial, the defendant moved for a directed verdict on the basis that the plaintiffs had failed to state a claim for negligent hiring, retention, or supervision. While the vicarious liability doctrine holds the employer liable through the employee’s negligence, the negligent hiring, retention, or supervision cause of action is a direct claim against the employer. One of the key differences between the two claims is that in a vicarious liability claim, the employer can only be held liable if the employee committed a negligent act during the course and scope of their employment. A negligent hiring, retention, or supervision claim holds the employer liable even when the employee is not acting within the course and scope of employment.

Continue reading

If someone is careless and causes an accident that results in injuries, you can bring a negligence action against them to recover compensation. One of the biggest issues in your case might be whether you also were careless at the time of the accident. Sometimes there are situations where both drivers in a car accident failed to drive with the appropriate level of care and skill. As seasoned Raleigh car accident lawyers, the attorneys at Maurer Law are available to discuss your car accident and whether you may also be found negligent. This could affect your right to recover compensation, so contact us as soon as possible to learn more.

A recent appellate opinion from neighboring South Carolina highlights how this principle can raise complex issues about liability. In the case, the plaintiff alleged that he was injured when he was struck by a vehicle driven by a police officer. The plaintiff was attempting to remove a small boat from the road that had fallen off the roof of his brother’s vehicle and landed partially in the roadway.

A question arose regarding the last clear chance doctrine, which applies in situations where both parties in an injury accident are deemed negligent. The doctrine asks the jury to consider which party had the last clear chance to avoid the accident. The defendant alleged that the plaintiff was negligent in running into the road to retrieve the boat, while the plaintiff alleged that the defendant had the last clear chance to avoid hitting the plaintiff with his vehicle.

Continue reading