Harris, Creech, Ward and Blackerby, P.A.

The Risks for Retail Establishments and How to Avoid Them

Fri, 27 Feb 2026 00:00:00 -0500

Retail establishments operate in a high-exposure environment, with hundreds or even thousands of customers passing through each day. When an accident occurs, retailers are often the first defendants named in lawsuits. In the personal injury context, most claims against retailers are based on premises liability, although some may also be based on products liability or on negligent hiring. Retailers should be aware of all types of claims so they can minimize the risk of a lawsuit or, even better, prevent one. If you’re a retailer facing a personal injury lawsuit for any reason, a North Carolina personal injury defense attorney can help you safeguard your interests.

Social Media Mistakes Defendants Should Avoid

Fri, 30 Jan 2026 00:00:00 -0500

Consider this scenario: You’ve just been served with a lawsuit accusing you, a small business owner, of a major breach of duty that led to the personal injury of one of your patrons. For many defendants, their first impulse would be to broadcast on social media how wrong the plaintiff is. That, however, would be a mistake. Facebook, X, Instagram, and TikTok posts and videos routinely become evidence in litigation, and it's not hard for defendants to inadvertently sabotage their defenses through ill-advised social media use. If you’re facing a lawsuit — or even just feeling pressure to address allegations of wrongdoing — a North Carolina personal injury defense attorney can help you mitigate the risk of missteps on social media.

Harris, Creech, Ward & Blackerby Elevates Nina Banfield to Partner

Tue, 20 Jan 2026 13:02:20 -0500

Harris, Creech, Ward & Blackerby, P.A., is pleased to announce that Christina (Nina) J. Banfield has been elevated to partner as of January 1, 2026. Nina joined Harris Creech in 2018 and focuses her practice on professional liability and insurance defense, general civil litigation, and appeals. She obtained her Bachelor of Arts in linguistics, graduating magna cum laude from the University of Tennessee, and her Juris Doctor from Wake Forest University School of Law, where she served on the Wake Forest Law Review, including a term on the Board of Editors.

Navigating Personal Injury Suits in the Construction Industry

Wed, 31 Dec 2025 00:00:00 -0500

The construction industry is big business in a state with a growing population like North Carolina. The U.S. Bureau of Labor Statistics shows that there are 283,000 workers in the construction industry in North Carolina as of September 25 — a 21% increase since 2020. Construction is also among the most physically dangerous jobs, and danger tends to invite personal injury lawsuits when it leads to injury. But such lawsuits in the construction industry are particularly complex, often involving multiple companies, overlapping contracts, and layered responsibilities, not to mention the issue of workers’ compensation. Construction companies facing personal injury lawsuits thus need the experienced counsel of a North Carolina personal injury defense attorney to help them navigate this legal maze.

What to Do if You Get Sued

Fri, 28 Nov 2025 00:00:00 -0500

No matter what kind of business you run — a restaurant, a store, an apartment building, a service provider — personal injury lawsuits are, unfortunately, a cost of doing business. Most personal injury claims against businesses arise when a customer suffers an injury while dealing with the business, such as slipping and falling on the premises or being struck by a company vehicle. While being served with a lawsuit is unsettling, the steps a business takes in the early days of litigation can significantly influence its outcome.

Why Trucking Companies Get Sued, and How They Can Defend Themselves

Fri, 31 Oct 2025 00:00:00 -0400

In 2024, there were a total of 5,127 accidents involving large trucks in North Carolina. While the vast majority of those accidents were non-fatal, that’s still a significant number of truck accidents, which undoubtedly means there were many injured drivers. And when drivers get injured in accidents, they’re often looking for someone to blame, especially if the nearest target is someone they consider to be a deep-pocketed defendant like a trucking company. If you’re facing a lawsuit after a trucking accident, a North Carolina personal injury defense attorney can help you protect your bottom line.

Key Strategies for Fighting Auto Accident Claims

Tue, 30 Sep 2025 00:00:00 -0400

In the personal injury world, auto accident claims are among the most common. That’s not surprising, given that the National Highway Traffic Safety Administration estimates that there are about six million police-reported traffic crashes per year in the U.S. While most auto accidents are resolved through the parties’ insurance companies, especially severe or complex auto accidents can end up in litigation. Defendants in such cases have a variety of defenses available to them, some of which our North Carolina personal injury defense attorneys explain herein.

Fighting Allegations of Insurance Bad Faith

Fri, 29 Aug 2025 00:00:00 -0400

It’s never good news to have your insurance claim denied or paid out for less than you think the claim is worth. But just because an insurance company denies a claim does not mean the insurer did anything wrong — in most cases, insurers are well within their rights to deny unmeritorious claims. However, that’s not how many insureds see things; it’s not uncommon for an insured who is unhappy with the way their claim was handled to allege that their insurer engaged in bad faith. Such claims can cause extensive reputational damage to insurance companies (not to mention potentially huge damages awards). If you’re dealing with an allegation of insurance bad faith, a North Carolina personal injury defense attorney can help you fight it.

Pour Decisions: Strategies for Fighting Alcohol Liability Claims

Thu, 31 Jul 2025 00:00:00 -0400

No business is recession-proof, but one type of business tends to do well regardless of which way the economic winds are shifting — bars. And while bars can provide a valuable “third place” for socializing and community-building, alcohol consumption is an inherently risky activity, and bars and other establishments that serve alcohol to the public have a duty to mitigate its potential harms. Personal injury claims based on alcohol liability (sometimes referred to as “dram shop” claims) present a serious risk for bar owners, restaurateurs, and other establishments in the hospitality industry. However, there are a few effective ways to fight back against them, as our North Carolina personal injury defense attorneys explain.

When “Negligence” Isn’t Just Negligence

Mon, 30 Jun 2025 00:00:00 -0400

Most personal injury actions are based on theories of negligence — that is, allegations that the tortfeasor breached a duty to the plaintiff and the plaintiff suffered damages as a result of that breach. This is different from intentional conduct, in which the tortfeasor intends to cause harm to the plaintiff. But “negligence” is a broad category of litigation, and plaintiffs in negligence actions often craft unique theories on how the doctrine of negligence applies to the facts of their specific cases. As such, defendants in personal injury actions should familiarize themselves with the various negligence theories plaintiffs use, and a North Carolina personal injury defense attorney can help.

Employers: Beware of Vicarious Liability

Fri, 30 May 2025 00:00:00 -0400

The general rule of liability in personal injury cases is that only the tortfeasor (i.e., the person who commits the wrongful act) can be held liable for the injuries they cause. But, as with most legal rules, there are instances where third parties can be held liable. Parents in some cases can be held liable for the acts of their children. Likewise, social hosts who serve alcohol to their guests can be held liable for the injuries those guests cause to others. But one of the most common exceptions arises in the employer-employee context, wherein employers can be held responsible for the actions of their employees through vicarious liability. If you’re facing a lawsuit based on the actions of an employee or any other person, a North Carolina personal injury defense attorney can help you fight it.

Common Misconceptions About Medical Malpractice Claims

Wed, 30 Apr 2025 00:00:00 -0400

For doctors and other healthcare professionals, medical malpractice suits are one of the greatest risks of practice. Unfortunately, Americans are a litigious people, with the end result being that healthcare professionals must devote extensive time, energy, and focus on avoiding malpractice suits and defending themselves if they are sued. Medical malpractice is one of the more complex areas of personal injury law, and even many healthcare professionals have misconceptions about it. Here, our North Carolina personal injury defense attorneys correct some of the most common misconceptions about medical malpractice claims in an attempt to save healthcare professionals from making costly errors.

How Appeals Work in Personal Injury Cases

Mon, 31 Mar 2025 00:00:00 -0400

Most personal injury cases never make it to trial. The vast majority end up settling before the dispute becomes contentious enough to enter a courtroom. Nevertheless, plenty of personal injury claims do end up in the trial phase of litigation, which raises the risk of more serious losses for defendants, especially if the plaintiff is particularly sympathetic. Fortunately for losing parties, trial is not the end of the line, with appeals offering a second chance to prevail. If you are involved in personal injury litigation or think you might be, our North Carolina personal injury defense attorneys can advise you, from settlement negotiations to trial and beyond.

Tips for Businesses to Prevent Personal Injury Claims

Fri, 28 Feb 2025 00:00:00 -0500

Many businesses, especially small businesses and family businesses, operate on slim profit margins. Any unforeseen setback — be it an economic downturn, a natural disaster, or a disruptive construction project — can cause serious economic damage.

How Affirmative Defenses Work in Personal Injury Cases

Fri, 31 Jan 2025 00:00:00 -0500

If you’ve been sued for personal injury, you’re likely wondering what your strongest defense will be. The good news is that defendants in personal injury actions are not limited to just one type of defense but can present multiple defenses for the strongest impact. The bad news is that some defenses are more difficult to wield than others.

Common Defenses in Car Accident Cases

Tue, 31 Dec 2024 00:00:00 -0500

There were a total of 284,157 traffic accidents reported in North Carolina in 2023, which was a 3.8% increase from 2022, according to the state Department of Transportation. Even worse, 115,009 people were injured, which was also higher than the previous year by 4%.

Business Owners: Beware of Negligent Security Claims

Fri, 29 Nov 2024 00:00:00 -0500

Business owners face a wide variety of legal risks, not least of which are personal injury claims based on premises liability. Most business owners go out of their way to ensure the physical safety of their premises to avoid these kinds of legal claims; the last thing they need to worry about is additional legal claims based on the actions of third parties on their property. While North Carolina law allows for such claims — known as “negligent security” claims — our North Carolina personal injury defense attorneys can help business owners defend against them.

Factors That Can Affect the Value of a Personal Injury Claim

Thu, 31 Oct 2024 00:00:00 -0400

One of the most common questions our North Carolina personal injury defense attorneys receive is “how much could I be liable for in a personal injury suit?” The answer, as with most legal questions, is “it depends.” Generally, the more severe the injuries, the greater the potential settlement.

How to Use Common Personal Injury Mistakes to Your Advantage

Mon, 30 Sep 2024 00:00:00 -0400

Personal injury claims can be difficult to prove and are filled with pitfalls for plaintiffs, even when they are represented by experienced counsel. Regardless of the plaintiff’s cause of action — whether it is a slip and fall, products liability, or medical malpractice claim — there are plenty of opportunities for plaintiffs to make mistakes, and they do so frequently. Savvy defendants know how to recognize these mistakes. The best way to use common personal injury mistakes to your advantage is with the help of a North Carolina personal injury defense attorney.

What to Do When You Receive a Demand Letter

Fri, 30 Aug 2024 00:00:00 -0400

Imagine the scenario: You receive an official-looking letter written on law firm stationary claiming that you are at fault for someone else’s injuries. The letter takes an accusatory tone, backing up its assertions with citations to myriad statutes and other laws with which you may or may not be familiar. Receiving a demand letter such as this can be dread-inducing for any individual or business. If you’ve received a demand letter, a North Carolina personal injury defense attorney can help you defend your interests.

How Statutes of Limitations Work in North Carolina

Wed, 31 Jul 2024 00:00:00 -0400

Defendants in personal injury cases have many defenses available to them. For example, that a plaintiff has failed to prove one or more of the elements of negligence in their claim is a fairly simple defense tactic. Or, perhaps, the defendant might argue that an injured plaintiff voluntarily assumed the risk of injury when he engaged in the activity that led to the injury. One of the most mundane — though no less effective — defenses in personal injury cases is to argue that the plaintiff’s claim is barred by a statute of limitations. If you are facing a claim you believe is past its expiration date, you should consider speaking to one of our North Carolina personal injury defense attorneys.

Personal Injury Fraud and Its Consequences

Fri, 28 Jun 2024 00:00:00 -0400

Americans have a reputation for being litigious and eager to pursue personal injury lawsuits, even for seemingly minor injuries. While trigger-happy plaintiffs can be an annoyance, they are not necessarily unlawful. However, in some cases, an eagerness to sue can cross the line into fraud. Our North Carolina personal injury defense attorneys can help the targets of fraudulent personal injury lawsuits fight back.

The Role of Expert Witnesses in Personal Injury Cases

Fri, 31 May 2024 00:00:00 -0400

Witnesses play a pivotal role in personal injury cases, and often, the most important witnesses in any case are expert witnesses. These witnesses are trained professionals who assist the parties in developing fact-based theories of their cases and testify to their expert opinion on them. Expert testimony is often particularly compelling for juries; one side’s expert may be so persuasive that their testimony swings the case for their side. As a result, it is imperative for defendants in personal injury cases to hire and present the right experts, and a North Carolina personal injury defense attorney can help.

Six Common Types of Medical Malpractice Claims to Be Aware Of

Tue, 30 Apr 2024 00:00:00 -0400

In the personal injury law realm, medical malpractice claims are among the most serious. Negative medical outcomes can have lifelong consequences for patients, in some cases significantly affecting their quality of life and ability to earn a living. A jury verdict finding malpractice — or even an allegation of malpractice — can take a serious toll on a doctor’s reputation and ability to practice. Doctors and other healthcare professionals should familiarize themselves with the most common types of medical malpractice claims so that they can assist in their defense. Our North Carolina medical malpractice defense attorneys can help.

Understanding Non-Economic Damages in North Carolina

Fri, 29 Mar 2024 00:00:00 -0400

The plaintiff’s goal in any personal injury lawsuit is to obtain monetary damages from the defendant. While some types of damages are fairly straightforward (e.g., medical expenses) others — like pain and suffering — are far from it. Because these types of non-economic damages can be difficult to value, they often cause damages awards to balloon to unreasonable amounts and, in many cases, exceed the amount of economic damages. If your company is facing the prospect of a large damages award in litigation (regardless of the type of damages involved), a North Carolina personal injury defense attorney can help you protect your interests.