The Conference Room--Answers to Questions on N.C. Law

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The Raleigh News and Observer has reported a “man bites dog” story.  A dental patient is complaining that her dentist told her she needed an expensive dental treatment that a later dentist said was unnecessary.  However, it is not the patient suing the dentist, but rather the dentist suing the patient.  The patient made a complaint both with the N.C. Dental Society and the N.C. State Board of Medical Examiners, as well as making complaints in an earlier Troubleshooters column with the newspaper.  About one week later, she found herself the Defendant in a defamation lawsuit.

A legal case for defamation requires a statement (in writing for libel, orally for slander), that is false, and that is communicated to a third party causing damage.  For private persons, it is enough to show that the person making the false statement failed to use ordinary care to determine if the statement was true.  Public persons, such as politicians, must show that the person knew the statement was false or had serious doubts that the statement was true.  Depending on the type of statement, the impact it caused, and the level of intent or maliciousness of the defamer, the person being defamed can recover nominal damages ($1), actual damages (for example, the dentist has alleged that other patients have canceled appointments because of the statements made), and punitive or punishment damages.

While the dentist has as much right as anybody to protect himself legally against false and malicious statements that injure his business, the timing of his suit seems somewhat suspect.  By filing the suit before the patient's complaints were considered by the Dental Board, it looks as though he is trying to  gain leverage over this patient, who may or may not be able to afford legal counsel, to get her to drop the complaints.  He may be particularly concerned as the Dental Board seems to be a bit more aggressive in governing their members than the Medical Board. 

--Bradley A. Coxe is a practicing attorney in Wilmington, NC who specializes in Personal Injury, Medical Malpractice, Contract and Real Estate disputes and all forms of Civil Litigation.  Please contact him at (910) 772-1678.  

Sign, Sign, Everywhere a Sign...

'Tis the season when those political candidate signs spring up like mushrooms around neighborhoods and commercial districts throughout the land.  Although signs and posters are considered "speech" under the 1st Amendment and therefore cannot be banned by the government, some permissible restrictions have been allowed.  Check your city or county ordinances here to see if there are any restrictions on your posting your support for the Republican, Democrat, or Boston Tea Party before the upcoming elections.

Wilmington N.C., my hometown, allows non-illuminated political signs to be placed on private property with the owner's permission, not to individually exceed twelve (12) square feet in sign area. They also have to be removed thirty days following the applicable election or referendum, and they don't even make you get a permit! 

However, if you live in a planned community with a Homeowner's Association, they usually have the power to regulate all signage on their homeowners' property.  If you live in a planned community, you need to check for restrictions,the Declarations of the Association.  You should have gotten a copy of these when you bought your house or get a set from the management company.  They are also usually recorded at the Register of Deeds office.  Since HOAs are not governmental entities, the 1st amendment doesn't apply to them or their sign restrictions, and can ban them totally if they wish.  However, for any restriction North Carolina does require that they specifically use the term"political sign" in the restriction.  Just banning "signs" won't do it. In addition, for Declarations filed after October 1, 2005, the restriction must be on the first page of Declarations and state in bold capital letters "THIS DOCUMENT REGULATES OR PROHIBITS THE DISPLAY OF POLITICAL SIGNS."  Even when political signs are allowed, the HOA can prohibit their display earlier than 45 days before the election and later than seven days after.   They can also limit the size if the local ordinances don't say otherwise.

So if you have a burning desire to support McCain or Obama, or their sign colors happen to match your house decor, unless you have a real detail-oriented homeowners association, you should be able to show your allegiance if you follow the rules.