South Carolina Personal Injury Law Blog

South Carolina Court of Appeals Says Arcade Accident Was Covered Under Saloon’s Liability Insurance Policy, but Bad Faith Was Issue for Trier of Fact

Published on: May 22, 2020 | by Patrick E. Knie

Those who have been hurt by someone else’s negligent or reckless conduct should receive fair compensation for their medical expenses, lost wages, and pain and suffering. Unfortunately, not every South Carolina personal injury lawsuit arising from an act of negligence goes smoothly.

Not only is liability often denied (many defendants try to put the blame on the injured person or a third party), but insurance coverage issues can also crop up, making it harder to collect a settlement or judgment even when liability can be proven. In such situations, a bad faith claim against the insurance company is a possibility.

Facts of the Case

In a recent (unreported) appellate court case arising from the Circuit Court of Greenville County, South Carolina, the plaintiff was a limited liability company that operated a saloon. After one of its patrons filed suit against it claiming that she was injured by an unknown person playing a boxing arcade game inside the saloon, the plaintiff sought coverage from the defendant insurance company, from which the plaintiff had purchased a comprehensive general liability insurance policy. (According to the saloon patron, her injuries occurred when she was inadvertently struck and knocked unconscious by an unknown person playing the arcade came.)

South Carolina Appellate Court Affirms Workers’ Compensation Commission’s Denial of Alleged Work-Related Asthma Claim

Published on: May 22, 2020 | by Patrick E. Knie

Under South Carolina workers’ compensation law, a person who is hurt while performing his or her duties at job may file a claim for workers’ compensation benefits. While less generous than the personal injury damages potentially available to a person who is hurt by another’s negligence (in a car accident, for instance), these benefits can be very beneficial to the worker.

Some of the benefits that may be available in a successful workers’ compensation claim include temporary total disability benefits, permanent partial or permanent total disability benefits, and or paid medical treatment by an authorized physician.

Facts of the Case

In an (unreported) case recently considered by the South Carolina Court of Appeals, the plaintiff was a man who alleged that he was entitled to workers’ compensation benefits due to an injury he had suffered while working for the defendant employer. The Appellate Panel of the South Carolina Workers’ Compensation Commission found in favor of the employer and denied the employee’s request for benefits. The employee appealed, seeking review from the intermediate appellate court.

Recent Recalls Could Affect South Carolina Consumers

Published on: May 22, 2020 | by Patrick E. Knie

South Carolina product liability lawsuits can arise from many different types of products – automobiles, prescription medications, and household goods, just to name a few. Sometimes, manufacturers issue recalls for certain products once they have knowledge of possible defects or dangerous proclivities.

Although not every product that is the subject of litigation is recalled (and, likewise, not every recalled product ends up being the focus of mass tort litigation), it is important that individuals and families stay abreast of recall information in order to avoid as many potentially dangerous products as possible.

Where to Look for Recall Information

The federal government maintains a website with links to pages listing recalls in several different categories: consumer products; foods, medicines, and cosmetics; meat and poultry products; motor vehicles; child safety seats; tires; and boats and boating safety. This website represents the efforts of several different federal regulatory agencies, each of which has the responsibility to provide the public with the latest recall information with regard to a certain type of product.

South Carolina Court of Appeals Affirms Denial of Permanent Total Disability in Workers’ Compensation Case

Published on: May 22, 2020 | by Patrick E. Knie

In a South Carolina workers’ compensation case, the burden is on the injured worker to prove that he or she was injured or became ill due to his or her employment. Once this has been accomplished, the obligation then shifts to the employer to provide the benefits to which the plaintiff is entitled under the law.

Depending upon the situation, this may include temporary partial disability benefits, temporary total disability benefits, permanent partial disability benefits, and/or permanent total disability benefits. In most cases, the employer must also provide medical care to the injured worker at its own expense (or that of its workers’ compensation insurance carrier).

When the parties cannot agree on the benefits to which a particular worker is entitled, the state workers’ compensation commission and, if necessary, the courts, will make an adjudication.

South Carolina Workers’ Compensation Commission Did Not Make Appropriate Findings Necessary to Aid Court of Appeals in Determination of Issues, Thus Triggering Remand

Published on: May 22, 2020 | by Patrick E. Knie

There was a time when an employee had to make out a case of negligence if he or she sought monetary compensation following an accidental injury at work. Nowadays, however, there is a workers’ compensation program in place that does not require proof of negligence or fault against the employer. However, the benefits that the worker receives are typically less than what would have been possible in a successful negligence action.

Even in this supposedly stream-lined process, many disputes still occur, and a significant number of workers’ compensation cases find their way into the appellate courts each year.

Facts of the Case

In a recent unreported South Carolina workers’ compensation case, the plaintiff was a man who alleged that he had been hurt during the course and scope of his employment with the defendant employer. The employer and its workers’ compensation insurance carrier disputed the plaintiff’s claim. A single administrative law judge of the South Carolina Workers’ Compensation Commission found that the plaintiff’s alleged clavicle injury was not compensable. Rather, the appellate panel found that the plaintiff’s injury was limited to his right shoulder and also ruled that he was prohibited from raising the issue of temporary partial disability on remand. The plaintiff appealed.

South Carolina Court Affirms $300,000 Jury Verdict in Car Accident Case Against Sheriff’s Department

Published on: May 22, 2020 | by Patrick E. Knie

In a South Carolina automobile accident case, the plaintiff has the burden of proving that the defendant was negligent – that is, that the defendant’s failure to act in a reasonably prudent manner resulted in damages to the plaintiff.

Once this has been done, the defendant may seek to reduce the jury’s verdict by pointing the finger back at the plaintiff, accusing him or her of also being negligent in causing the accident. It is ultimately up to the jury to decide which side to believe and how much money to award the plaintiff if it finds in his or her favor.

Facts of the Case

In a recent case (unreported), the plaintiff was a woman who was struck by a vehicle as she walked alongside the road. She filed suit against the defendant sheriff department and its employee (who was driving the vehicle that struck her), seeking compensation for her injuries. The Marion County Circuit Court dismissed the employee from the case after finding that he was acting within the course and scope of his official duties as a reserve officer with the defendant sheriff’s department at the time of the accident.

South Carolina Court Affirms Dismissal of Negligence Claim for Failure to State a Claim

Published on: May 22, 2020 | by Patrick E. Knie

In a South Carolina personal injury lawsuit, the plaintiff has the burden of proving, by a preponderance of the evidence, that the defendant owed him or her some type of legal duty and that the defendant either acted in a manner that breached this duty or failed to take an action that a reasonably prudent person would have taken under the circumstances, thus causing harm to the plaintiff.

The plaintiff must also show that there was a link of proximate causation between the defendant’s breach of duty and the damages about which the plaintiff complains. Unless the plaintiff can present credible, legally admissible evidence of his or her allegations, his or her case will be dismissed by the court.

Facts of the Case

In a recent unreported case arising in the Anderson County Circuit Court, the plaintiff was a man who filed suit against the defendants, asserting that they were negligence and seeking monetary compensation for his resulting damages. The defendants filed a motion to dismiss the plaintiff’s case pursuant to South Carolina Rule of Civil Procedure 12(b)(6). The trial court granted the motion, and the plaintiff appealed.

South Carolina Court of Appeals Allows Hospital to Claim Charitable Status in Premises Liability Lawsuit

Published on: May 22, 2020 | by Patrick E. Knie

Under South Carolina law, a property owner can be held legally liable for injuries suffered by visitors and others who are legally on the owner’s premises, if the injured person can prove that the property owner was negligent. Of course, the property owner will likely attempt to avoid liability in a South Carolina injury accident if at all possible.

Evidence can be subject to spoliation in any lawsuit, but this is especially so in premises liability cases. This can make proving liability more difficult later on. (If you find yourself injured after a slip and fall in at a business, even a quick cellphone picture of the scene taken by you or a friend may prove useful later on.)

If you have been hurt on another’s property, it is important to talk to an attorney as soon as possible regarding your potential claim. Gathering evidence sooner, rather than later, can make recovery of fair compensation much more likely.

South Carolina Supreme Court Remands 10-Year Old Workers’ Compensation Case to Commission’s Appellate Panel for a Final and Appealable Order

Published on: May 22, 2020 | by Patrick E. Knie

In a South Carolina workers’ compensation lawsuit, the employee may seek several forms of compensation: temporary total disability benefits, permanent partial or permanent total disability payments, and/or payment of medical expenses.

Some cases involving only minor injuries may be wrapped up in a reasonably timely fashion, while more complicated cases may lag on for a much longer period of time.

Unfortunately, sometimes even a relatively simple case may take a long time to resolve, especially if the employer files repeated appeals.

South Carolina Court Rules that Wrongful Death, Negligent Hiring, and Civil Rights Violation Were Single Occurrence Under Liability Insurance Policy

Published on: May 22, 2020 | by Patrick E. Knie

When a loved one’s death is caused by another’s negligence or wrongful death, a South Carolina wrongful death lawsuit is a possibility for those left behind.

Unfortunately, proving a wrongful death claim against the defendant may be only a part of the process of the decedent’s family receiving fair monetary compensation.

In some cases, obtaining a payout from the defendant’s insurance company may be as problematic as obtaining the verdict or judgment against the defendant.