Unavoidable Accidents

By King Law Offices February 14th, 2014

The law of negligence makes a defendant not liable for unavoidable or inevitable accident even when he/she has used less than due care.  An unavoidable accident is an incident that was not intended and which, under all the circumstances, could not have been anticipated or avoided by the exercise of reasonable precautions. An unavoidable accident can only happen in the absence of causal negligence. North Carolina courts have recognized and applied the term “unavoidable accident” to the following circumstances: a woman injured by a dog on a leash, children darting into the street, and defective brakes.
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Gaining Custody From Biological Parents Who Don’t Want to Relinquish Their Parental Rights

By King Law Offices | February 7th, 2014

When “fit” biological parents do not want to relinquish their parental rights, it may be almost impossible to force them to.  “Under our statute G.S. 48-7, except as provided in G.S. 48-5 and G.S. 48-6, before a child can be adopted, the written consent of the parents, or surviving parent, or guardian of the person of the child must be obtained.”  72 N.C.L. Rev. 1279.  However, a parent’s right to custody and control of their children is not absolute and may be challenged.  Read the rest of this entry »

Employees’ Traveling and Workers’ Compensation

By King Law Offices | January 31st, 2014

If an injury is an accident that arises out of and in the course of employment, it is compensable under the North Carolina Workers’ Compensation Act. The worker/claimant has the burden of proving the requirements. The injuries suffered during the travel related to work may be compensable if the injuries are incurred: while at lodges, motels or while eating in restaurants; while traveling by car, train, or airplane; while traveling toward the employee’s working territory or area of service; or while engaged in social or recreational activities.

Pursuant to North Carolina Workers’ Compensation Act, the phrase “in the course of the employment” refers to the time, place, and circumstances under which an accidental injury occurs, while “arising out of the employment” refers to the origin or cause of the accidental injury. Read the rest of this entry »

Child Support and Age of Majority

By King Law Offices | January 22nd, 2014

In North Carolina, the emancipation of a child occurs when the child turns 18, or, if child is in high school, when child turns 20 or graduates from high school, whichever is first.  Emancipation means a stage when the child becomes free from the parental control and the parents are not responsible for child’s actions.  Generally, a parent is legally obligated to support his children only through their minority.  But majority of states have by legislation or court decision extended the parents’ obligation to the adult children or non-minor children who are incapacitated to the extent that they are unable to be self-supporting.   Some jurisdictions have laws for parental support for teenage children who have not completed high school.

Legally, the change from minority to majority means that legal disabilities designed to protect the child are removed.  The authority of the court to order support for a normal child ceases when the legal obligation to support no longer exists.  Upon emancipation, the parents’ duty to support and the right to control and to receive its wages ceases.  The custody of minor children during their infancy cannot be controlled finally. Neither the parents nor the infant have/has any vested right in a support order which would extend the payments beyond the age of emancipation. Read the rest of this entry »

Product Liability and Failure to Warn

By King Law Offices | January 13th, 2014

The failure of a manufacturer or seller to warn as to dangers associated with its products may make them liable for the damages suffered by the intended users of the products.  In American Law, the action for damages for failure to warn is widely recognized.

Generally, a manufacturer or seller has a duty to warn against the latent dangers resulting from the foreseeable uses of its products of which the manufacturer or seller knew or should have known.  Pursuant to North Carolina Supreme Court, the manufacturer may be negligent in failing to use proper care to give adequate warning to the user, not only as to dangers arising from unsafe design, or other negligence, but also as to dangers inseparable from a properly made product. The warning must be sufficient to protect third persons who may reasonably be expected to come in contact with the product and be harmed by it; and the duty continues even after the sale. He is also required to give adequate directions for use, when reasonable care calls for them. Read the rest of this entry »

Understanding Wills in North Carolina

By King Law Offices | January 4th, 2014

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If someone dies, he/she loses control in any literal sense.  ‘Succession’ includes the law of wills, the law of intestacy, the law of trusts, the law of charitable foundations etc.  We can call the law of wills as ‘dead hand rules’ as it sets out a scheme for disposing of the property when someone dies.  Upon death, the ownership lapses, and the goods and assets pass into other hands.  There are several ways in which the property of a dead person can be dealt with.  If there is no will, the law of intestacy will be applicable by default.

A will is a revocable transfer of property and other assets of the testator to take effect on death. A valid will does not have to conform to a specific formula.  There are some essential elements to make a will valid. Read the rest of this entry »

Equitable Distribution

By Brian King | December 27th, 2013

It is true that 90% of equitable distributions are settled. This usually is more of a function of practical ends rather than lack of “fight”. Assuming nothing is concealed, the differences between parties are generally on valuation.

As many cases simply are not worth an appraisal of property (and certainly not competing appraisals of property), the truth falls somewhere between the parties values. The tendency of parties is simply to value the items they desire at a low value, and overvalue items their spouse will want. Judges can simply turn that tendency on its head, awarding the overvalued items to the spouse who set that price. This creates an “auction” type valuation, where the party who puts the highest value takes the item. Read the rest of this entry »

Adverse Possession of Real Property

By King Law Offices | December 17th, 2013

Adverse possession allows owners to prove title through possession for a certain period of time. Obtaining title to property through adverse possession is similar to obtaining an easement by prescription. There is no exchange of document of title and no closing or deed conveyance under adverse possession. Instead, title is awarded because of certain types of actions related to land. Adverse possession is a statutory doctrine and the requirements vary from state to state. If statutory requirements are met, title passes as though there had been a conveyance through the traditional methods of deed transfer.
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Easement by Necessity

By King Law Offices | November 18th, 2013

Generally, a landowner does not have a right of way, access to air, light, and view over adjoining property in the absence of an easement.  An easement is a form of right created in favor of the holder of an easement to make some use of the adjoining property.  An easement to access, light and air may be implied because of necessity.  The existence of real and clear necessity is determined on the facts and circumstances of the particular case.  An implied easement is a creature of the common law, and it can only arise in connection with a conveyance of the property. It is based on the theory that whenever someone conveys property, the grantor includes or intends to include in the conveyance whatever is necessary for its beneficial use and enjoyment and to retain whatever is necessary for the use and enjoyment of the land retained. Read the rest of this entry »

First Offender Programs

By Brandon Jaynes | November 11th, 2013

Everyone makes mistakes.  It is an old cliché that everyone has heard and with which nearly everyone agrees.  All too often, those mistakes that are made end up being violations of the law that lands someone in the criminal system.  Fortunately for those that make these kinds of mistakes, many district attorneys have implemented some type of deferred prosecution program in their districts.

For example, in several of the counties in the foothills of North Carolina, such as Cleveland, Rutherford, McDowell, Buncombe, and Polk, these “first offender programs” offer a way to acknowledge the mistake, correct it, and not suffer the implications of a formal criminal conviction for the remainder of a person’s life.  Often, it is the best available option for someone charged with a crime for the first time. Read the rest of this entry »