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Articles Posted in Negligence

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South Carolina Court of Appeals Holds that Negligent Party is Not Entitled to Setoff for Amount Paid by Second Tortfeasor

Pursing fair compensation for injuries suffered due to another party’s negligence can be difficult. In addition to being required to offer credible evidence on issues such as duty, breach of duty, damages, and proximate cause, the plaintiff may also face difficulties caused by the various insurance companies that are involved…

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South Carolina Court of Appeals Dismisses Negligence Case Against Sheriff’s Office

When one person sues another individual (or business, governmental entity, etc.) for an act of negligence, the burden of proof is on the party seeking legal redress for the other’s wrongful conduct. It is important for the plaintiff in such a case to be represented by an experienced, thorough, and…

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Patient’s Lawsuit Against Carrier Who Delivered Medication Two Weeks Late Was Preempted by Federal Law, According to South Carolina Court

When someone is hurt by the negligence act(s) of a business, government, or individual, the injured person may be able to receive compensation for his or her injuries through a personal injury lawsuit. In most such cases, the plaintiff need only prove that the defendant owned him or her a…

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Federal Court Refuses to Send South Carolina Woman’s Slip and Fall Case Back to State Court Following Removal by Defendants

When filing a South Carolina premises liability claim against a store, restaurant, or other establishment, the plaintiff may have a choice of venue – that is, a choice between multiple courts in which his or her legal action can be filed. However, there may be some situations in which the…

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Federal Court in South Carolina Grants Summary Judgment to Grocery Store in Slip and Fall Case

In a South Carolina premises liability case, it is the plaintiff’s burden to prove that a dangerous condition on another’s property caused injury to him or her. The plaintiff must also prove that the defendant either directly caused the condition or that, in the exercise of due diligence, the defendant…

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South Carolina Appellate Court Holds That Automobile Liability Insurer Owes No Coverage for Infant Child’s Death from Complications of Hypothermia After Being Left in Father’s Truck

A successful legal claim following a serious personal injury or loved one’s wrongful death requires several steps. First and foremost in any South Carolina personal injury lawsuit, the party seeking to recover money damages for another’s failure to act in a reasonably prudent manner must be able to prove that…

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South Carolina Supreme Court Holds that Insurance Company Had No Duty to Offer UIM Coverage Despite Modifications to Motorcycle Accident Policy

In an ideal world, every consumer would have a thorough understanding of the many different types of car, truck, and motorcycle insurance that may be available to them and be able to make an informed decision about coverage. Unfortunately, it sometimes takes a South Carolina motor vehicle accident to make…

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Trial Court Should Have Reviewed Documents Related to Settling Defendant’s Agreement in Order to Determine Set Off, According to South Carolina Court of Appeals

In a South Carolina personal injury lawsuit, it is not unusual for several individuals, businesses, or governmental entities to be named as defendants. By the time the trial rolls around, however, there may be significantly fewer defendants – perhaps, only one. The reasons for this are numerous. Some defendants may…

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South Carolina Court of Appeals Affirms Denial of Motion to Compel Arbitration in Lawsuit by Representative of Deceased Rehabilitation Facility Patient

In recent years, there has been a trend toward alternative dispute resolution, such as arbitration, in some kinds of cases, including South Carolina nursing home abuse cases. It is important to note that the reason for this trend is not because injured individuals or the families of those who have…

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South Carolina Supreme Court Revisits Wrongful Death Lawsuit Arising from Security Officer’s Pursuit of Shoplifting Suspect

Proving a case of negligence in a South Carolina car accident case is a four-step process. In order for the defendant to be held liable, the plaintiff must prove, by a preponderance of the evidence, that the defendant owed the plaintiff a duty of care, that the defendant breached that…

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