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South Carolina Complaint For Injuries Under FELA - Jury Trial Demand
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FAQ
Negligence claims must prove four things in court: duty, breach, causation, and damages/harm. Generally speaking, when someone acts in a careless way and causes an injury to another person, under the legal principle of "negligence" the careless person will be legally liable for any resulting harm.
Currently, only Alabama, the District of Columbia, Maryland, North Carolina, and Virginia have a contributory negligence fault system, where you can be barred from recovery for being partly at fault in the accident.
To prevail in an action for negligence, the plaintiff must prove the following three elements: a duty of care owed by defendant to plaintiff; defendant's breach of that duty by a negligent act or omission; and. damages to plaintiff proximately resulting from the breach of duty.
South Carolina's comparative negligence law, section 15-38-15 of the Code of Laws, states that as long as the plaintiff is less than 51% responsible for an accident, he or she will be eligible for financial recovery from the defendant.
A tort arises where there is 1) a duty of due care; 2) a breach of that duty--i.e. negligence; 3) a legally protected injury; and 4) a causal relationship between that injury and the negligence such that the negligence "proximately caused" the injury.
