You Should Know: Your Responsibilities as a Party Host

Protect Yourself and Your Guests When Hosting a Holiday Party

Hosting a party this holiday season? Before stamping that last invitation, learn how you can protect yourself and your guests. The legal principles at work here are called premises and social host liability. Here are tips and suggestions for preventing injuries and protecting your interests before guests arrive:

Let’s Start with Alcohol

“Holiday cheer” is often synonymous with alcoholic beverages in many people’s minds. There is nothing wrong with that thinking, but homeowners should be aware that they may be held liable in some states if intoxicated guests leave the party and cause injury or property damage to others. So...

• Encourage guests to pick a designated driver.
• Stock plenty of non-alcoholic beverages and serve food.
• Don't pressure guests to drink too much and cut off anyone who has already had enough.
• Call a cab for intoxicated guests, give them a ride (if you are sober), or offer a place to sleep at your house.
• Never allow minors to drink.
• As the host, stay in control by not drinking too much yourself.

Click to view a Drinking & DUIs During the Holidays infographic

Now, Look Around Your House

As the property owner, you are responsible for protecting your guests from unsafe conditions on your property. So...

• Fix any tripping hazards like broken stairs or loose handrails, double-stick tape throw rugs and secure extension cords.
• Remove any dangerous items that might injure children like an old freezer, a broken swing or poison hazards.
• In colder climates, keep sidewalks and steps free of ice and snow.
• If you have a pool, keep gates locked or make sure kids are supervised by an adult if using the pool.
• Consider restraining pets as you may be liable if a guest is bitten or scratched.

Review Your Homeowner’s Insurance

The liability coverage in your homeowner’s insurance may be your final line of defense if someone is hurt during a party at your home. So...

• Make sure it is in force and that your policy limits are high enough to cover an injury. Standard minimums of $100,000 to $300,000 may not be enough to cover all the costs associated with a serious injury.
• If you have significant assets in addition to your home, consider an umbrella policy for added liability protection.
• Check for exclusions and contact your agent if you have any questions.

This article appeared in our November 2015 "You Should Know" e-newsletter.

Crabtree, Carpenter & Connolly Announce Firm Recognitions

Durham law firm Crabtree, Carpenter & Connolly, PLLC (CCC) is honored by the recent firm recognitions our lawyers have received from our peers and the business community. 

CCC has been named a Tier 1 firm in the Research Triangle area for Personal Injury Litigation – Plaintiffs, by US News – Best Lawyers® “Best Law Firms” in 2016.  Best Lawyers is the oldest and most respected peer-review publication in the legal profession. A listing in Best Lawyers is widely regarded by both clients and legal professionals as a significant honor. 

In addition, CCC has been selected as a winner in the Corporate America 2015 M&A Awards for Best Commercial Transactions – North Carolina.  The Corporate America M&A Awards identify and commemorate the successes of prominent professionals across a variety of different fields who are excelling in their industry. All of the awards are handed out solely on merit and are given to commend those most deserving for their exceptional service over the last 12 months. 

You Should Know: Tips for Keeping Loved Ones Safe at Home

Most Homes Are Not Designed to Prevent Injury to Older Americans

Storage areas for medications should be well-lit

In 2013, there were 44.7 million Americans age 65 and older. As the baby boomer generation ages, that number will spike upwards to 56.4 million in 2020, 82.3 million in 2040 and 98.2 million in 2060. Most baby boomers will live longer on average than previous generations, remain independent and age gracefully, which makes “aging in place” (living at home as long as possible) an attractive option. But several studies suggest that most homes are not designed to minimize safety risks for people over age 65.

Five Tips for Keeping Loved Ones Safe at Home

Independent living and safety are not mutually exclusive. In fact, aging itself isn’t necessarily a hazard; rather it’s often the living space that needs to be updated. Here are five tips from the American Geriatrics Society’s Health in Aging Foundation to protect loved ones from home hazards:

1. Keep Emergency Numbers Handy.

Always keep a list of emergency numbers by each phone and write them big enough to read easily if in a hurry or frightened. Be sure to include numbers for the poison control center, fire and police departments, family members and the family doctor.

2. Prevent Falls.

The Centers for Disease Control and Prevention reports that falls are the leading cause of injury for older Americans. Every 13 seconds a fall-related injury is treated in an emergency room and every 20 minutes someone dies from a fall.

To prevent falls, make sure all hallways, stairs and paths are well-lit and clear of objects, use rails and banisters when taking the stairs, and tape all area rugs and cords to the floor so they don’t move. Also consider a wearable alert system that allows a senior who has fallen to summon emergency personnel. Download this step-by-step fall prevention checklist.

3. Protect Against Fire and Related Dangers.

Older adults are at greater risk of dying in a home fire. They may move more slowly or have trouble hearing a smoke alarm. Smoking is the leading cause of fire deaths, so try to smoke outside and never in bed. Make sure there is a LOUD, working smoke alarm on every level of the house, in bedrooms and outside of sleeping areas. Download this tip sheet from the U.S. Fire Administration for additional information.

4. Avoid Bathroom Hazards.

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Falls are the leading cause of injury for older Americans.

Bathrooms are especially hazardous for older adults, accounting for 80 percent of all falls according to the National Institute on Aging. They have slippery and unforgiving floor surfaces, and few sturdy handholds. Install grab bars in the shower and near the toilet. Put rubber mats in the bathtub. And consider setting the water heater thermostat no higher than 120 F to prevent scalding. Consumer Affairs has a number of additional tips for making bathrooms safe for seniors.

5. Prevent Poisoning.

The risk for a medication mistake increases as we age. According to 2014 Medicare records, there are more than half a million drug-related injuries that occur at home every year. Mistakes can include taking too much medication, taking the wrong medication or incorrectly mixing two or more medications.

To prevent accidental poisoning, keep all medications in original containers to avoid mix-ups, and store medications in a well-lit room so the labels are easier to read. Ask the pharmacy to put large-print labels on prescriptions. And bring all pill bottles to doctor appointments to ensure medications are being taken correctly.

 This article appeared in our October 2015 "You Should Know" e-newsletter. 

Welcome Diego!

Please welcome Diego Cervantes, a sophomore at Durham School for the Arts, who recently joined our firm as in intern through Partners for Youth Opportunities. The organization partners with the community to provide Durham youth with opportunities through mentoring, employment and educational support.  

When Mal King volunteered Crabtree, Carpenter & Connolly to sponsor a student, he learned about Diego’s interest in working in a law firm.  Diego now comes in four days a week and is learning a lot about the law practice every day.  “He is a hard worker and we are excited to have him as part of our family,” said Angie Elliott, Paralegal and Office Manager.  

You Should Know: Common Household Products Can Put You, Others at Risk

As more chemicals are used in our homes and workplaces, it is important to know what substances are dangerous and how to avoid contamination. According a 2012 Poison Control Center report, pain medication, cosmetic and personal care items, and household cleaners were the substances most frequently involved in human exposures. The good news is that government regulators and private retail chains are helping to limit what gets used in the products we encounter daily.

Common cleaners are the number two cause of dangerous exposures in the United States.

In 2013, both Wal-Mart [download] and Target, two of the world’s largest retailers, announced ambitious sustainability plans. Both companies plan to bring increased transparency to the ingredients used in products and called for a reduction in especially harmful chemicals used in the products they sell. While the plans were aimed more generally at sustainability and reducing negative environmental impacts, both set strict guidelines for safer products.

The U.S. government has also joined the fight against hazardous chemicals and misleading ingredient labels. In early June, the U.S. House Committee on Energy & Commerce approved HR 2576, a bill that would expand the Toxic Substance Control Act of 1976 and allow the EPA to test for and regulate hazardous substances in consumer goods and products. The bill, if passed, would also allow the EPA to evaluate substances for unreasonably risky ingredients. It would also limit any state or local government's power in regulating a chemical substance that the EPA has determined safe under its intended uses.

You Should Know How to Avoid Contamination

While the government and private businesses work to make consumer goods safer, it is still important to always use caution when dealing with potentially dangerous chemicals. In 2013 the Center for Disease Control reported that there were 38,851 unintentional poisoning deaths that year alone. Never mix chemicals when cleaning, and always wear gloves and wash your hands thoroughly. Dangerous products are not limited just to cleaning supplies; others come in the form of carbon monoxide, lead paints, asbestos and other harmful building supplies, as well as cosmetics and lawn care products. To avoid these dangers, use carbon monoxide alarms, always have an inspector walk through and test any new building that you may be considering purchasing, and take extreme caution when using fertilizers and pesticides.

Storing Toxic Chemicals

Keeping chemicals locked away and out of the reach of youngsters and pets is paramount to preventing accidental contamination and poisonings. When storing hazardous chemicals and cleaning supplies, always:

    •    Keep chemicals in a well-ventilated area like a garage or shed;

    •    Read labels and follow directions accordingly;

    •    Store chemicals out of reach of children or pets;

    •    Store chemicals away from food storage;

    •    Be sure containers are sealed tightly before storing;

    •    Keep soaps and dental hygiene products out of the reach of young children;

    •    Lock medicines away if possible; and

    •    Always read and follow label instructions on proper storage.

If you are ever exposed to a dangerous chemical or have a question about a product or ingredient, call the Poison Control Center Hotline 24/7 at 1-800-222-1222

 This article appeared in our September 2015 "You Should Know" e-newsletter. 

Crabtree, Carpenter & Connolly Announce Recognitions

Durham law firm Crabtree Carpenter & Connolly, PLLC is honored by the recent recognition our lawyers have received from our peers and the business community.

Charles F. Carpenter

Guy W. Crabtree

Guy W. Crabtree was recently selected by his peers to be included in Best Lawyers in America 2015 in the field of Personal Injury Litigation. Mr. Crabtree has been included in Best Lawyers each year since 2005.

Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence. Corporate Counsel magazine has called Best Lawyers “the most respected referral list of attorneys in practice.”

In addition, Charles F. Carpenter and Guy W. Crabtree have also recently received the highest rating available from Martindale-Hubbell, the leading independent attorney rating organization. An AV Preeminent Rating signifies that the lawyer has reached the heights of professional excellence, and is recognized for the highest levels of legal ability and integrity. Mr. Carpenter and Mr. Crabtree both have an AV Preeminent Rating.

Crabtree, Carpenter & Connolly, PLLC provides innovative and effective legal representation to injured individuals as trial lawyers in personal injury and wrongful death cases involving automobile accidents and medical malpractice. They are also trial lawyers who represent families and provide legal expertise to individuals and companies in commercial and business disputes, and to property owners whose property has been contaminated by toxic chemicals in their groundwater.