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Class Actions

Hatteras Island Ocracoke Island Evacuation Lawsuit

The situation on Hatteras Island and Ocracoke Island North Carolina is still bad for thousands of vacationers and local businesses following the power outage last week.

Last week, a construction company headquartered in Canada drove a steel casing into the main electric line that provides power to Hatteras Island and Ocracoke Island cutting off these two islands at a critical time of year. Thousands of vacationers have been evacuated and local businesses have also been affected.

As of today, there is no timeline on when power may be restored to both islands.  There are apparently some generators in use but the ability of these generators to supply power across both islands is unclear.

For many vacationers, travel insurance may provide some relief for the significant losses incurred by thousands of families.  However, it is not clear whether travel insurance will cover the losses from a man-made event such as the cutting of electrical power.  Even if travel insurance covers some of the losses, under North Carolina law we believe that the construction company responsible for this incident is still liable to the vacationers for their losses.  The company should not benefit because the vacationers spent their own money on premiums for travel insurance.

The North Carolina Vacation Rental Act provides some information about legal rights following a mandatory evacuation.  Unfortunately, the language of the Vacation Rental Act suggests that if a vacationer chose not to purchase travel insurance, the landlord or renter is not required to refund any money paid for the vacation rental when there is a mandatory evacuation.  Most renters probably declined travel insurance since this time of year is not known for significant hurricane activity. However, this statute would not affect the ability of a vacationer to seek compensation against the responsible construction company.

The lawyers at Hendren Redwine & Malone have now filed a class action lawsuit against the contractor responsible for the power outage on Hatteras and Ocracoke Island.  This lawsuit seeks recovery for vacationers and homeowners who were deprived of the use and enjoyment of their homes as a result of this incident.  For those of you who believe you may have been affected, we encourage you to keep any receipts that you believe may be related to losses from this incident as well as a copy of your rental agreement for your vacation property.  If the proposed class action lawsuit reaches a point of resolution, these items may be required in order for you to recover your damages.

Our firm is currently investigating additional claims arising from this incident.  If you have questions about your legal rights following this incident, contact us today.

Ocracoke and Hatteras Island North Carolina Power Outage Affects Thousands

A construction company working on the new Bonner Bridge in Dare County  reportedly drove a steel casing into electric transmission cable that provides power to Hatteras and Ocracoke Island in Dare County, North Carolina.

As a result, over ten thousand people have been evacuated and numerous businesses are shut down.  The losses from this mishap by the construction company will certainly be very high both for visitors and local businesses.

The attorneys at Hendren Redwine and Malone have significant experience helping families and business for losses causes by an evacuation.  Our attorneys have served as lead counsel or co-lead counsel on similar cases in numerous jurisdictions across the United States.  If you have a question about your legal rights following this incident, please contact us today.

Casselton North Dakota Accident Results in Evacuation and Concerns Over Rail Safety

On Monday December 30, 2013, the residents of a small North Dakota town called Casselton were forced from their homes following a fiery train accident.  The accident, which happened around 2:30 pm, involved a BNSF Railway Co. train carrying crude oil.  According to reports, the train derailed causing multiple cars to catch fire and explode.

Casselton, a town of about 2,400 residents, underwent a precautionary evacuation that lasted into Tuesday, December 31, 2013.  Complicating matters were temperatures below zero which certainly made it difficult for the residents of Casselton.  Residents of Casselton reported that the explosions from the accident shook their homes and businesses for hours.

The derailment happened even as concerns are growing over the safety of shipping significant quantities of crude oil by rail.  Fortunately, in this accident there were not the same catastrophic effects of a similar accident in Ontario this past summer. In the Ontario accident, forty-seven people died following the derailment of a train carrying crude oil.

There are reports that BNSF has set up a claims center for people displaced form their homes due to this accident.  Typically, these claims centers only reimburse people for out-of-pocket expenses related to an evacuation.  The lawyers at Hendren & Malone have represented thousands of families in similar cases across the country and secured compensation not only for out-of-pocket costs but also for the loss of use of the home and other incidental expenses such as lost wages.  If you or a family member have a question about your rights following an industrial accident such as this, contact the lawyers at Hendren & Malone for a free consultation.

Hendren, Redwine & Malone posts this article to allow people who visit our website access to stories and information that might be of interest and, where appropriate, to make decisions about matters that may improve their lives. By posting this article, Hendren, Redwine & Malone makes no representations as to any relationship we may have with any of the individuals or businesses that are discussed in the article. If you are a family member of someone discussed in this article and have some concerns about the posting of this article, please contact us immediately. This post is an advertisement for legal services.

If you or a family member were involved in this incident and have questions about your legal rights, please call Hendren, Redwine & Malone and ask to speak with Mike Malone. You can also send an email to Mike Malone by using the message box on the right. We typically respond within an hour of receiving a message.

U.S. v. Simmons Federal Innocence Claims Lawyer

The law firm of Hendren & Malone is now representing numerous individuals who were wrongfully convicted in federal court of the crime of a felon in possession of a firearm.  These cases arise following the 4th Circuit Court of Appeals decision in United States v. Simmons.  Those individuals whow were wrongfully convicted may have a claim for compensation for the time spent in prison.

If you have had a criminal sentence vacated due to the court decision in Simmons, please contact the law firm of Hendren & Malone to see if you may have a claim for compensation.