Charlotte Injury Lawyer Blog

The victims of the ConAgra plant explosion in Garner, North Carolina have already started employing lawyers to investigate the cause of the explosion and determine what happened and what claims are available. Many of the law firms are starting to share information and compare notes on what caused the tragedy that killed and injured workers at the plant.

At least one lawsuit has been filed and others are expected to follow in the coming weeks and months. Many might view the timing of the lawsuits in a negative light since the wounds are so fresh to the victims and their family members. Unfortunately the lawsuits are necessary in a day and age when corporations and their insurance companies will go to great lengths to conceal, withhold or in some rare cases destroy evidence. The purpose of the lawsuits are to invoke the court's power and force any and all potential defendants to share valuable evidence with the victims before it becomes stale or the proverbial trail to responsibility gets cold.

It is unclear at this time as to whether any of the potential defendants in this case have taken any steps to withhold valuable evidence but it has become clear the victim's lawyers are not going to give them a chance.

The explosion that rocked a Garner, North Carolina ConAgra plant is being blamed on a gas leak. Now the victims devastated by the disaster are asking questions and want to know who or what caused this tragic disaster. Early indications form the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives traced the blast to a pump room where the gas leak occurred. It is being reported that contractors with Southern Industrial Constructors had been installing water heaters. The first lawsuit has been filed alleging negligence against the contractor.

It is important for employees and their families who were affected by the explosion to consult with a qualified attorney. Many employees might believe the only avenue of recovery to be a worker's compensation claim. However, if a third party is found to be negligent, such as the contractor alleged in the lawsuits, the victims can recover not only worker's compensation but other damages not generally available through the worker's compensation system.

Whether it be an auto accident, slip and fall, dog bite, medical malpractice or other type of injury claim, in North Carolina the Plaintiff's Attorney may not mention that the Defendant may have insurance policy covering the claim at trial. While the "real" defendant in most injury claims is an insurance company, the case caption will name the policy holder instead of the insurance company.

Prior to trial, the Plaintiff's Attorney will deal almost exclusively with the insurance company of the Defendant in attempts to settle the case. Insurance adjusters, rather than the named Defendant, will be making decisions as to whether to go to trial or settle a valid injury claim. Despite the involvement of the insurance company pretrial, juries are often completely unaware of the presence of insurance.

North Carolina G.S § 8C-1, Rule 411 states: "Evidence that a person was or was not insured against liability is not admissible upon the issue whether he acted negligently or otherwise wrongfully. This rule does not require that exclusion of evidence of insurance against liability when offered for another purpose, such as proof of agency, ownership, or control, or bias or prejudice of a witness."

In other words, proof of liability insurance cannot be mentioned at trial if the purpose of bringing up the insurance is to show the fault of the insured. In most accident cases in North Carolina, the mere mention of insurance can lead to a possible mistrial. Though jurrors are not allowed to know it, in the majority of personal injury matters the defendant will not be paying the judgment, their insurance will.