This form is a listing of various Causes of Action. This form lists a variety of lawsuits which may be filed against a tortfeasor.
South Carolina List of Causes of Action
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FAQ
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.
The points a plaintiff must prove to win a given type of case are called the "elements" of that cause of action. For example, for a claim of negligence, the elements are: the (existence of a) duty, breach (of that duty), proximate cause (by that breach), and damages.
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.
Cause of action is the legal claim [a claim that sometimes goes unstated] that allows a party to seek judicial relief. This gives the legal right to seek a remedy because of the act or omission, failure to perform duty, or breach of obligation of the defendant towards the plaintiff.
In many lawsuits there are several causes of action stated separately, such as fraud, breach of contract, and debt, or negligence and intentional destruction of property.
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.
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.
