Holland Poole Holland & Sanderson PA

09/09/2026

Liability For Falling Trees

When we have a storm and trees from one person's yard fall into the yard of the adjoining landowner causing damage, we get questions about who is liable for the damage and/or cleanup. The answer in many cases depends on the condition of the tree prior to the storm. If it was a healthy tree and there was no notice to your neighbor that it posed a risk, then the neighbor nor his insurance company will be responsible for any damage that it caused to you or your property or for removing the tree. If the tree was rotten, leaning or otherwise in a condition that put your neighbor on notice that it posed a risk, then your neighbor and his insurance company, if he was insured, would be responsible for the damage to your property. A landowner has a duty to keep a watch on the condition of the trees on their property and the risks that they may pose to others and their property.

If the tree is rotten or otherwise in bad shape and the owner knew or should have known it was a danger to fall with or without a storm and it falls on the owner’s house during a storm this poses other issues. Homeowners’ insurance will pay when the homeowner’s negligence causes damage to others, but in many cases it WILL NOT pay when the homeowner’s negligence damages the homeowner or the homeowner’s family. That means if a rotten tree you own falls on your own house or car there may be issues with insurance coverage.

It is a good idea to make sure that you are insured for natural disasters that can cause extensive damage to homes and cars. Homeowner's coverage and "full coverage" or comprehensive coverage on cars can help to pay for the unexpected damage caused by storms. Also, make sure you take care of any trees that are in bad shape before they cause problems.

09/08/2026

Travel Insurance

When most people think travel insurance it brings to mind coverage in the event something causes you to miss your trip. Something to pay you back for what you paid for the trip. This is good coverage to have, but if you are traveling outside of the United States you would be well served to consider whether or not you are covered for a variety of risks that may pop up on the trip.

While on a cruise a few years ago, a fellow passenger had a heart attack and was airlifted off the boat. We were all praying for the person’s safety, but as a lawyer I was also praying that he had coverage for what I knew was going to be a six figure bill for the helicopter ride. It’s a question you don’t want to have to ask yourself after the fact.

Before your next trip outside the United States take some time to examine your insurance coverage. For example, does your health insurance cover you outside the United States if you have a medical emergency on your trip? Most don’t. And if you have a serious injury or condition to happen while you are out of the country, do you have coverage that would pay for you to be medically transported back to the United States? This is called evacuation coverage and even if your health insurance plan does pay for emergency treatment outside the United States it is highly unlikely a standard health insurance plan would have evacuation coverage. You can typically buy both of these coverages very cheap on a travel insurance plan.

If you plan on driving while in another country this can bring up additional issues. Your personal auto policy likely will not cover you outside the US either. If you are renting a car, you likely will be required to show proof of some coverage in that country or purchase some from the rental company. There is a chance that your credit card company may provide some coverage if you are paying with your card. Some do, but you’d need to confirm that before your trip. The next question is how much coverage? The rental car company may be more concerned about protecting their car than protecting you from liability. You want to make sure you obtain enough liability coverage so that if you cause an accident your personal assets are not in danger. Be sure to discuss all of this with an insurance agent you trust before your trip. Most coverage for a trip will be cheap because it is only for a short period of time. The key is just making sure it is in place.

Vacations out of the country are great and provide memories for a lifetime, just be sure that you make sure you have adequate insurance so that you don’t end up with liabilities for a lifetime.

09/05/2026

Hurricane Preparation

With the start of September, everyone is talking about Hurricane Preparation, but hoping that we won't need it. Make sure your battery stash is in date!! One often overlooked area of storm preparation is not only making sure that you have insurance for all your valuables including renter’s insurance for renters, but also have good documentation of what you own, its condition and the condition of any outside structures including your roof. It is a good idea to walk about your house at least once a year and take pictures or video of everything inside and outside. That way if you have to make an insurance claim you will remember the things you own and have documentation of the condition. This helps not just with storm claims, but also in the event of theft or any other claim that you may have to make with your insurance company. Make sure that after you do your documentation that the pictures or videos are in a safe place. This is good to do wherever you live, but if you or friends have a place at the beach it can be vitally important if a powerful hurricane hits. Feel free to share this with anyone who may benefit from this advice.

09/01/2026

Workers' Rights

Workers' Compensation laws are designed to handle claims from employees who are injured by accident on the job. An injured worker need not establish fault or negligence on the part of the employer in order to collect benefits. Because Workers' Comp laws impose liability on employers without negligence, it is the exclusive remedy by the employee against the employer and benefits do not cover all the things a typical personal injury case would. If a third party, other than the employer, is responsible for the accident that caused a worker's injury, the worker may have a claim against that party in addition to the Workers' Comp case against the employer.

You are entitled to three categories of benefits in a Workers' Compensation case: 1. Medical expenses related to the accident. 2. 2/3 of your lost wages. 3. Compensation for any permanent disability.

08/25/2026

Yesterday I posted a picture from Ross’s swearing in. This is the newspaper article about Billie Poole’s swearing in as a lawyer. This was 61 years ago in 1965, but I’m not certain of the date. Poole is the lawyer on the far right. Just to the left of Billie (the newspaper misspelled it) Poole is Maurice Holland.

08/24/2026

45 years ago today Judge Stevens swore Ross in as an attorney.

08/24/2026

Don't Assume

The most common reason people don't properly document their personal injury cases is that they assume the insurance company will treat them fairly and it won't be necessary to prove their case in court. Based on this assumption they don't take pictures of their injuries or the damage to their vehicle or make note of everything they are going through as a result of the accident. This leaves them in a weaker position if later their case must be litigated. It also puts them in a much weaker bargaining position during negotiations. It is much better to document your case and not need it than to need it and not have the documentation.

08/21/2026

I always like looking at the memories on Facebook. These popped up today. It was pretty rare that we could convince Ross to participate in “play” time and even more rare that he agreed to be in the picture and for it to be posted. So this day does stick out.—-Sandy

08/20/2026

Thank you to Debbie Jackson, Holly Williams and Lisa Spell for all that you do the help serve our clients!

Congratulations to Sandy Sanderson on being voted One of the Best Attorneys in Sampson County in the Best of Sampson Awards!

08/18/2026

Personal Injury

If you have been injured in a major accident that was not your fault, there may be several sources of insurance for you. These include: liability insurance for the car that caused the accident, liability coverage for any other policies covering the driver who was at fault, med pay and underinsured coverage for the car you were in and med pay and underinsured coverage for any car you or a family member residing with you has even if you weren't in that car at the time of the accident.

In a major accident identifying ALL coverage is the key to collecting enough to fully cover your bills and compensate you for what you've been through. The biggest mistake commonly made is by people who think they don't need a lawyer because the insurance company for the car at fault is paying it's policy limits. That could be only a small portion of the insurance available and the injured person may never know all the benefits he or she gave up.