Dog or Animals Bites
South Carolina Code Section 47-3-110 provides: “Whenever any person is bitten or otherwise attacked by a dog while the person is in a public place or is lawfully in a private place, including the property of the owner of the dog or other person having the dog in his care or keeping, the owner of the dog or other person having the dog in his care or keeping is liable for the damages suffered by the person bitten or otherwise attacked.”
There are defenses available to the owner if the victim provoked the dog or was a trespasser.
If the owner of the does not have insurance or is unable to compensate the victim because of lack of insurance, Our office investigates to see if there are other responsible parties. An example would be where a landlord who knows that a dangerous dog is living with a renter, but fails to do anything to control the dog or its owner, or a homeowners association allows the dog to run free on common elements.
Distracted or Drunk Driving
Even though the number of accidents caused by DUI drivers is a serious problem in South Carolina, accidents caused by distracted drivers using cell phones is reaching the same level. As these numbers grow, we are seeing more and more clients who have received injuries as a result.
When illness or injury forces you to see a physician or go to the hospital, you can generally be assured that a medical professional’s years of experience and training will result in excellent treatment. But in truth, medical care providers are only human, and errors are always possible. Medical Malpractice occurs when a negligent act or omission by a doctor or other medical professional results in damage or harm to a patient.
When illness or injury forces you to see a physician or go to the hospital, you can generally be assured that a medical professional’s years of experience and training will result in excellent treatment. But in truth, medical care providers are only human, and errors are always possible. Medical Malpractice occurs when a negligent act or omission by a doctor or other medical professional results in damage or harm to a patient. o win. Therefore, if you believe you have a medical malpractice claim, it is important to consult with an attorney in our office who will discuss your case with you, and help you determine your best options.
Medical malpractice is a broad category that encompasses any injury occurring to a patient because a doctor, nurse, psychologist or other medical professional failed to perform his or her duties according to acceptable medical practices or standards of care. Medical malpractice cases may be brought against hospitals, clinics or anyone with whom there is a medical provider-patient relationship.
Up until 1944, insurance was not considered “commerce” and not subject to state or Federal regulation. But, because of some key cases, including United States v. South-Eastern Underwriters Association, Congress passed acts that provided the power to states to regulate and control the insurance businesses. While state insurance statutes override most Federal laws, some portions of federal law (like Federal tax laws) are always commanding. State laws govern the “business of insurance,” while federal laws govern the peripherals of the industry (e.g., labor, tax, securities, etc.). Insurance Law encompasses the state statutes and Federal laws governing the insurance business and the peripherals of the industry.
Personal Injury falls under Tort Law. Personal Injury involves civil law cases where you are trying to obtain compensation for an injury you sustained to your person. Physical injuries to your person could arise from being involved in an automobile accident, a railroad accident, airline or other common carrier accident, a construction or other workplace accident, being injured as a result of a dangerous or otherwise unsafe product and other injury-causing situations. However, personal injuries don’t even necessarily have to be physical-they could be psychological. Psychological personal injuries are typically caused by psychological trauma associated with life-threatening and/or disfiguring physical injuries, or as a result of witnessing trauma in others, or following personal escape from serious injury following a traumatic event. Before you can collect an award, your personal injury lawyer will have to prove that the defendant is liable. To prove liability, the attorney must also establish negligence.
Defective products cases involve an area of law known as Products Liability. Defective products harm millions of people every year, and manufacturers of products can be sued for design defects, improper safety devices and manufacturing defects. Products liability cases usually involve: dangerous toys, automobile design, sport-utility vehicle roll-overs, gas tank explosions, seat belt failures, improperly designed consumer and household products, industrial machinery and equipment, farm machinery, tractors and equipment, products causing explosions and burns, and aviation products.
Premises Liability (Slip and Fall)
“Slip and fall” or “trip and fall cases” are the personal injury cases that fall into the area of law commonly referred to as “premises liability.” Premises liability deals with the liability of the owner or person in control of the premises for injuries to persons on his property. The duty of care required of him depends on whether the injured party is deemed a business invitee, a social invitee, or a trespasser. In any of the cases, it is of paramount importance to document the condition of the property as soon as possible. The circumstances may even require the use of experienced experts to examine the place of the fall. Since the conditions of the premises change quickly with the passage of time, it is very important that you seek legal advice as soon as possible if you have suffered a fall on someone else’s property. Slip and fall cases are harder to prove than most personal injury claims, so prompt action is necessary to protect your interests.
Federal and state Workers’ Compensation (sometimes called workers comp, workman’s comp or workmen’s compensation) laws were created to ensure that employees who are injured on the job are provided with fixed monetary awards. This eliminates the need for litigation and creates an easier process for the employee. It also helps control the financial risks for employers since many states limit the amount an injured employee can recover from an employer. Specifically, workers’ compensation is insurance that the employer is required by law to carry in case an employee is injured on the job, becomes ill due to circumstances surrounding their job, becomes temporarily or permanently disabled, or even if death results from their job. All employers who have 4 or more part-time or full-time employees must provide workers’ compensation insurance. It’s the law in all 50 states.
Wrongful Death occurs when a person is killed due to the negligence or misconduct of another individual, company or entity. An action for wrongful death belongs to the decedent’s immediate family members (often called “distributees”). The most common distributees are surviving spouses and children, and sometimes parents. A suit for wrongful death may only be brought by the personal representative of the decedent’s estate. Every state has a civil “wrongful death statute,” or set of statutes, which establish the procedures for bringing wrongful death actions. Actions for personal injury, conscious pain and suffering, or expenses incurred prior to the decedent’s death are also brought by the personal representative. The damage awards from these actions belong to the estate and may pass to different parties as directed by the decedent’s will.