Another thing I am sure of is that many cruise passengers are unaware of what laws govern their rights at sea. People have a general idea of their rights on land, but do not realize that things significantly differ once they step foot on the cruise ship.

Passengers of cruise ships are governed by something called the Athens Convention. The Athens Convention controls the liability of the ship operators for personal injury and property damage sustained by its passengers. It contains everything from standards for establishing liability, statute of limitations, allowable defenses and venue requirements.

The Athens Conventions was adopted in 1974 and severely limits a passenger's rights unless the carrier acted recklessly or with the intent to cause such damage. Specifically, Article 13 of the Athens Convention provides that the carrier will lose its right to limit liability where it is proven that the damage resulted from an act or omission done with intent to cause damage, recklessness and knowledge that such damage would probably result of such actions. The Convention allows cruise liners to limit their financially liability to approximately $72,000.00 per passenger for a personal injury or death claim. This is an extremely low number and in no way adequately compensates a family who's loved one died while on a cruise.

While looking to the current Costa Concordia disaster, I believe those passengers would have an argument that the Captain acted in a reckless manner. It has come to light that the Captain intentionally deviated from their original course, and therefore the Athens Convention is inapplicable.

The attorneys and staff at Hull & Chandler wish you safe travels on any vacation of your choosing. If an accident does occur, contact us at Hull & Chandler, P.A. immediately.

Although the internet has allowed for freedom and limitless sources of information, it has also stolen the privacy we enjoyed once before. Even if you do not have a personal Facebook page, it is very probable that a picture of you is posted on someone else's page. It is important to consider this lack of privacy before you partake in any activity. In the legal world, we are still trying to understand what ramifications the internet will have on our clients' cases. We are slowly starting to see how things such as case law and the rules of civil procedure adapt to the changing times.

Recently, a Supreme Court Judge in New York State's Suffolk County, permitted an insurance company to access a Plaintiff's Facebook history in a personal injury case. This allowed the insurance company to not only access the Plaintiff's current Facebook page, but also all deleted pages and related information. This is a dramatic turn of events as it allows the insurance company to go on a fishing expedition and wave pictures in front of a jury that could be taken completely out of context. For example, a picture of the Plaintiff on a trip that was planned prior to the accident, but occurred after the accident, could be used by the insurance company to show that the Plaintiff is not injured. Even though the Plaintiff could simply be having a "good day," or had just taken their pain medication, the jury may not want to hear an explanation and will have the picture branded in their memories. As a result, the insurance company achieved their goal of not fairly compensating the injured Plaintiff.

What you post on social media sites can also cost you your job. In a recent article published by the Charlotte Observer, a local waitress was fired because of her Facebook status. Managers of the restaurant where she worked let her go because she had violated "company policy against speaking disparagingly about customers," as well as "violated a second policy against casting the restaurant in a negative light on social networks." The waitress had received a bad tip and let all her Facebook friends know about it.

These are just a few examples of how an individual's privacy and life off-line can be affected by the internet and social media. We at Hull & Chandler, P.A. ask that you be cautious with what you post on social media sites and what is posted about you. If you have any questions or concerns about this matter, please contact us here.

During this holiday season, remember to stay vigilant and alert. This season we ask that you make a commitment to do a few simple things to make your holiday travels safe and enjoyable.

- Be aware of your fellow drivers and potential hazards;
- Don't drink and drive;
- Avoid the use of cell phones and don't text. Rather enlist the help of a co-pilot to help you navigate your travels;
- Get a good night's rest before your travels;
- Leave plenty of time to reach your destination and take frequent breaks; and
- Download our app (for iPhone and Android users) to prepare yourself in case an accident occurs.

The North Carolina Department of Transportation provides a comprehensive list of driving and travel tips we all know, but often times fail to follow particularly when faced with the stresses and festivities of the holiday season.

The attorneys and staff at Hull & Chandler wish you safe travels during this holiday season and look forward to serving you in the coming year. If an accident does occur, please feel free to contact us at Hull & Chandler, P.A.

Unfortunately, in North Carolina, any testamentary gift you leave for a pet will automatically be deemed void by the Court. However, this does not mean there are no options to provide for your pets after death. There are several steps you can take to guarantee your pet is well taken care of when you no longer can, and our estate attorneys can assist with the preparations

You can choose who will care for your pet after your death

Generally, if there are no legal instructions for the passing of a pet after death, your pet will go to the residuary beneficiary of your will, or to your next of kin (as determined by state law) if you do not have a will (intestate). This may or may not be the person you would choose to take care of your pet after your death. Although they may be a great person, they may have no idea how to properly take care of a pet, or have no desire to do so.

To ensure your pet goes to a person you believe will take the best care of them, you have two options to name a new owner for your pet: a provision in your will, or a revocable living trust.

Will. Legally, your pet is considered a piece of property and should be passed in your will just as any other piece of property, such as a ring, car or house. This means you have an opportunity to choose a new owner for your pet - the owner you believe will take the best care of your loving family member. You should also list an alternate owner in case your first choice is unable or unwilling to take your pet.

Revocable Living Trust. Instead of designating a new owner in your will, you may choose to use a revocable living trust. A trust is a document that serves the same purpose as a will, but avoids probate after your death. A living trust will allow you to transfer ownership of your pet at your death, but by making it a revocable trust, you can also change your mind at any time before your death. Just as with the trust, you should be sure to name an alternate.

You can leave money for your pet after your death

Many times when a person leaves their pet to a new owner, they also leave funds to care for the pet. There are a couple of options for doing this. You could leave money directly to the new owner to take care of the needs of the pet, or in some states (including North Carolina), you could set up a pet trust for the benefit of your pet.

Leaving money to the new owner. This is as simple as it sounds; you make a provision in your will in which you leave a specific amount of money to the new owner "for the care of your pet." It is important to note that even though you leave money with specific wording for the care of your pet, the new owner may or may not actually use the money for the care of the pet. A provision like this is not usually enforceable, so you would want to make sure that the person you leave your pet and/or money to is someone you trust to follow your wishes.

Pet Trust. North Carolina allows a person to set up a pet trust where you, as the creator of the trust, fund it with money or property (prior to, or at the time of your death), and leave specific instructions on how the funds should be distributed. You would also appoint who you would want to serve as trustee, which is the person who is responsible for managing the trust and following the instructions you leave for it. For example, you could fund the trust with $3,000 and leave instructions to distribute $50/month for your pet's food, supplies and toys.

What should be your next step?

Act now. As discussed above, you can set up a will or trust that will take care of your pet after your death. You should set this up immediately so it will available for the care of your pet if you were to become incapacitated before your death and can no longer care for the pet yourself.

Contact Hull & Chandler today to see what you can do now to ensure your pet is taken care of later.

Personal Contact

The first factor to take into consideration is personal contact. When meeting with an attorney compared to logging on to a website, you are able to build a relationship. With this relationship, your attorney learns about you and your needs and will be able to assist you beyond your original expectations. An attorney is also able to determine if your needs are something you wouldn't have even considered. For example, if you think you need a copyright, you can go to an online service and plug in what you need, and you will instantly get a copyright. If you go to an attorney with the same need, you might find out you actually need a patent and not a copyright. Without this personal contact, you may not get what you actually need, and in the end, you'll end up wasting time and money. Unfortunately, this personal touch is not available through online services.

Quality

The next aspect to consider is quality. With online sites, a person fills out a basic template and a product is produced. How was your information transformed into the final product? Who knows, but it certainly is not tailored to your exact needs. When you hire an attorney, not only do we work side by side with you to ensure you understand all steps in the process, but we also customize and tailor everything to fit your individual needs. For example, when preparing your Will, there are many complexities that a website cannot ascertain by having you answer a blanket questionnaire. When you hire an attorney, we work with you to answer any questions and ensure your family is protected. A Will is your last chance to be heard and allowing a website to generate this document is not wise.

Cost

The price differential is probably the main reason patrons use online legal services over hiring an attorney. Unfortunately, as the saying goes, you get what you pay for. By working with an actual attorney, the overall price may be a bit higher, but you can be assured that you'll get exactly what you are looking for and exactly what you need. Furthermore, your attorney is only a phone call away, so if you have any questions or concerns throughout the process, you know there is always someone there to answer them.

Legality

The final thing to take into consideration when choosing who you want to represent you is legality. As shown in a recent article by the News and Observer, the North Carolina State Bar has decided to take on the leading online legal center, Legal Zoom, questioning whether or not their actions constituted the unauthorized practice of law. As a response, the company said that there were inaccuracies in the State Bar's claims, stressing that its services are automated and don't involve legal advice. So whether or not the site's practice is authorized, Legal Zoom admitted their services are automated, and thus confirmed all points listed above.

Chapter 55B of the North Carolina General Statutes provides for professional corporations. While professional corporations are very similar to regular corporations, they differ in that professional corporations do not provide protection for professional liability, they require licensing board approval before creation, and they limit some or all of the ownership and/or management of the company to licensed professionals. For a company to provide professional services it must be a professional corporation.

The intent of these limitations is to preserve the sanctity of professional rules for each profession by limiting ownership to those who know and are bound by the profession's rules and ethical standards. Multi-disciplinary practices cause some difficulty under the rules as the statutes are very specific as to who may own an interest in each type of professional corporation. The general rule under N.C.G.S. §55B-6 is that all stock must be owned by a licensed professional.

Certain professions allow for narrow exceptions to this rule. Specifically, Architects (N.C.G.S. §83A), Landscape Architects (N.C.G.S. §89A), Engineers and Land Surveyors (N.C.G.S. §89C), Geologists (N.C.G.S. §89E) and Soil Scientists (N.C.G.S. §89F) may allow up to 1/3 of their outstanding shares to be owned by non-licensed employees of the corporation. Accountants (N.C.G.S. §93) may have any person own up to 49% of shares in their professional corporation as long as licensed accountants own the other 51% and continue to maintain 51% of the vote regarding the election of directors of the corporation.

Due to the restrictions imposed by the Professional Corporations Act, special care must be taken when setting up a multi-disciplinary practice. These restrictions must also be considered if a professional wants to issue stock to employees and in estate planning. Upon the death of a professional shareholder, a professional corporation has only one year to come in compliance with these rules. If you have any questions about the ownership of your professional practice or how your ownership interest is handled in your estate plan, please feel free to contact Hull & Chandler, P.A. for more information.

Since starting his practice in 1999, through his tenure as a Personal Injury Attorney/Partner with Hull and Chandler, P.A., he has successfully worked with hundreds of clients in earing this honor. In addition, he has been named a North Carolina Rising Star by Super Lawyers Magazine for 2010 and 2011.

I discussed some of the issues that surface when injury or death arises out of the use of a product with FOX News reporter, Israel Balderas: $10 Million Verdict Against Taser Int'l Impacts Police Use.

Every day, we as consumers use products without incident. Unfortunately, sometimes even when a product is used as directed, injuries occur. As in the case of the 2008 Taser victim, the family is left to ask "why?" The answer is not an easy one and is often times left unanswered in large part because the consumer is uneducated on the steps necessary to preserve the evidence to find the answer. In any case involving wrongful death and serious injuries, including those arising out of the use of a consumer product, early involvement by counsel is important to preserve necessary information to help obtain the answers. This often times includes use of experts to collect data, photograph the scene, and preserve the product and any documentation investigating the injury or death.

Claims arising out of the use of a product may be based upon an improper design, manufacturing defect, a failure to warn or breach of warranty. A careful and early examination of all the facts and circumstances is important to determine what type of claim a consumer or injured person may have and what steps need to be taken to preserve evidence. If you have any questions and would like to know more, please feel free to contact me at Hull & Chandler, P.A.

In the early stages of any case, I always inform my clients of how long the litigation process actually is. Most people do not realize that from the time of filing a lawsuit, it could be anywhere from a year to eighteen months, or more, before we see the inside of a courtroom. Therefore, I always try to make it clear that if it is possible, settlement is the best option. However, sometimes settlement is impossible and a lawsuit must be filed. Even after filing a lawsuit, the Court supplies the parties many opportunities to settle their case. Depending on the Court the lawsuit is filed in, there is either mandated Arbitration or Mediation. Again, I explain to my clients that if settlement is an option, it is very important to consider it. Although time and money is often a factor when considering whether or not to file a lawsuit, it is also important to remember that trying a case in front of a jury is comparable to rolling the dice at a casino. Unfortunately, no matter how good of a case you believe you may have, you never know what a jury may do.

In my case, I was merely asking for my medical bills to be paid after a rear-end accident. My medical bills consisted of a hospital bill and ten chiropractic visits. Unfortunately, the insurance company was only willing to offer me half of my bills. After months of trying to negotiate with them, they refused to budge and I proceeded with filing suit. One year and seven months later, I finally got my day in Court. While preparing for trial I quickly realized that this was not a place where I wanted to be. Although I knew the law, and had great confidence in my colleague, I felt helpless. As I sat in the courtroom, and all my personal information was revealed for the jury, I felt vulnerable and exposed. Although I try to prepare my clients the best I can before they have to testify, I never knew that they may face such emotions being up on the witness stand.

After what I believe was a great presentation by our side, the jury only awarded me half of my medical bills. Waiting for the jury to come back with a verdict was nerve racking, and hearing it read out loud shocked me. I did not understand how the jury could not have awarded me my medical bills in an accident that was not my fault. I tried to remember what I tell my clients before trying any case; it is a gamble. But, it was hard for me to remember that as I sat in the Plaintiff's chair. I do not regret filing my lawsuit. Although I did not get the verdict I was hoping for, I took away a great deal from my experience. I can now understand what emotions my clients are feeling while they are sitting in that chair. It is definitely not a place I want to be again, but hope that my experience will make it easier for my clients to be there.

• The proper way to answer questions if you are called as a witness in a trial;
• The proper way to litigate as done by a paralegal in the opening stages of a personal injury case;
• The proceedings of a sentencing hearing, a criminal hearing, and a civil court hearing;
• The way in which new clients are received during their initial consultation with an attorney;
• The valuable opportunity I had being able to speak French and interpret for a client during a meeting last week; and
• The proper way to organize a firm, serve defendants, bill clients, and close cases.

Furthermore, I was able to see firsthand from an aspiring lawyer's perspective, the professional care and courtesy that was awarded to each client who met with one of the attorneys. It is also clear to me that the lawyers keep the best interest of the clients they represent in mind when they make the decision to settle the case or to take the case to court. I would definitely recommend the law firm of Hull & Chandler both professionally and personally.

An example of this type of case occurred early Tuesday when a bus which originated from Charlotte, NC crashed on I-95 just north of Richmond on its way to New York City. The tragic incident, which killed four and injured over fifty others, is just the latest incident for a troubled bus line which has had multiple problems according to the Charlotte Observer.

Sky Express is a bus line which offers multiple trips from Charlotte to New York on a daily basis. According to a report in the Charlotte Observer, the bus line "has encountered a number of problems with federal officials on driver safety". Driver safety has been as issue in the past and early reports indicate the driver ran off the road and over-corrected causing the bus to wreck. Although the investigation is continuing, the injured and their family need to act quickly to protect their rights.

For more information or assistance with the Sky Express incident or other accidents involving commercial passenger vehicles please call Michael Chandler (704-375-8488) with the Law Offices of Hull & Chandler for a free consultation.

The client in this case was a stone mason who was hired to work on a local North Carolina construction project. While he was working, he left the construction site to pick up materials and was hit by a dump.

Our client sustained debilitating injuries as a cause of the accident. He suffered a traumatic brain injury, and has been given a permanent partial disability rating due to the extensive nature of his injuries. In addition, he suffered injuries to his neck and spine which have caused him to have daily chronic pain.

The driver of the dump truck claimed that he had a yellow light when he proceeded into the intersection, but our client vehemently disagreed, as he stated that he had the green light when he was struck. Due to the fact that there were no witnesses to the accident, it was just one driver's word versus the other, making it extremely difficult to determine who was liable. The insurance company for the dump truck denied the claim based on the dump truck driver's statements that he had a yellow light.

Hull & Chandler, P.A. filed suit on behalf of our client alleging that the dump truck exceeded the speed limit and failed to maintain a reasonable lookout and control. After a lengthy discovery phase and several depositions, the case was finally settled during mediation for $175,000.00.

In addition to the evidence collection function, WRECKamend iPhone App provides useful information concerning North Carolina automobile insurance, car repair and rental and basic medical questions. With the push of a button the iPhone App connects you with emergency 911 to report your accident. Another button connects you with the law office of Hull & Chandler, P.A. so you can consult a lawyer while you are at the scene. Information on local towing, car repair and hospitals is provided through the application by Google Maps.

Hull & Chandler, P.A is a law firm in Charlotte, North Carolina with a focus on personal injury and other litigation. Hull & Chandler, P.A. has provided this iPhone Application as a service to its clients in an effort to accurately record the evidence at the scene of an auto accident. We believe that the Application is the first of its kind developed by a law firm in North Carolina.

WRECKamend is available Here

or link to it from our website: www.hullandchandler.com
or follow WRECKamend on Twitter: @WRECKamend
or follow Hull & Chandler, P.A. on Twitter: @lawyercarolina

According to the article, John Krawczynski, a sports writer following the Minnesota Timberwolves tweeted that Bill Spooner, a long time NBA official, promised coach Kurt Rambis two points in the form of a make-up call in Minnesota's game against the Houston Rockets. According to that article, the Tweet said that "Ref Bill Spooner told Rambis he'd 'get it back' after a bad call. Then he made an even worse call on Rockets. That's NBA officiating folks."

In the article, Mr. Freeman opined that the lawsuit was frivolous making an argument that holds weight to twitter users but does not currently have any legal authority. Mr. Freeman states that the twitter account only had 2,072 followers and that it was only retweeted 14 times by insignificant twitter users. This would tend to show that any damage done to the referee would be minimal and would not rise to the level of the $75,000.00 damages claimed in the suit.

Unfortunately for the sports writer, damages are not an element to defamation in this particular instance and the tweet is Libel Per Se. For some background, the elements of written defamation (Libel) are: (1) a false and defamatory statement; (2) of and concerning the Plaintiff; (3) publication of the false and defamatory statement; and (4) damages. Where the statement impeaches one in his trade or profession it is Libel Per Se and does not require that actual damages be shown.

In this case, all of the elements have been satisfied and damages are not required to be shown to prevail in the case. This may mean that a jury would only award $1 in damages if they think this suit is frivolous or that the Ref has not been damaged but this is still a win for the Ref. Depending on the jurisdiction, the win may entitle the Plaintiff to attorney's fees which could be quite substantial. The win would also allow a jury to award punitive damages even where no actual damages have been proven.

If you look closely at the elements above and apply them to this case, you may have noticed that the 14 people that retweeted the defamatory statement may have also committed Libel due to their republication of the same information.

If the information tweeted by the reporter happens to be true, that is a complete defense to the defamation claim. What should be scary for the 14 people that retweeted is that they have no clue whether the original information is true. While I am sure they trust the reporter that originated the tweet, they cannot verify the information if they were to be sued and may have trouble asserting that defense.

The defamation laws have been developed over hundreds of years and the law is generally slow to modify to new situations as it often requires overruling long standing case law. I think that most Twitter users consider the platform to be informal and to have little repercussions. I am sure that few Tweeters would consider liability issues for retweeting information already out there. When the laws were first developed, a republication of a defamatory statement probably caused more damage to the injured party due to the limited places where information was presented and the fact that the new publication would make the information available to more people that may not have been privy to the original article. In the days of the internet, we all have access to Mr. Krawczynski's original tweet so the retweets create little additional damage.

Twitter and other social media should cause the courts to create additional defenses or elements to a defamation claim in the future as the current state of the law does not take into account the realities of the medium. Until that time, be careful what you tweet as the laws take into account the printing press, not the iPhone. Your retweet may cause you to need a twial attworney.

Another controversial provision of Senate Bill 33 places a cap of Five Hundred Thousand Dollars ($500,000.00) for non-economic damages. This does not include medical bills or lost earnings as a result of the medical malpractice. Supporters of the bill believe that by placing the cap on non-economic damages, it will allow for insurance companies to lower the cost of malpractice insurance. In addition supporters believe that malpractice reform will lead to lower health-care costs and increased access doctors. However, critics argue that the cap violates citizens constitutional rights to a trial by jury, as jurors are the proper people to determine the amount of compensatory damages to be awarded. The House is likely to take up the matter next week.