South Carolina Complaint regarding Negligence

State:
Multi-State
Control #:
US-PI-0132
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample complaint for use in a personal injury claim alleging that the defendant's negligence in running over downed power lines caused injury to the plaintiffs.
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FAQ

Under a legal theory known as premises liability, landowners and tenants in South Carolina can be held legally responsible for injuries that occur on their property.

South Carolina is a tort liability state, which means the not-at-fault person can pursue a claim against the at-fault party. South Carolina is also comparative negligence, which means you can be barred from collecting for the percentage you contributed to the accident.

Disciplinary Counsel, William M. Blitch, Jr. , is the lawyer charged by the Supreme Court of South Carolina to receive, screen, investigate, and, as necessary, prosecute the complaints made against both judges and lawyers.

What is the South Carolina Tort Claims Act? Passed in 1986, the South Carolina Tort Claims Act holds government employees and officials liable for their actions in circumstances where an individual is injured. Before 1986, government employees and officials had total immunity.

South Carolina Product Liability Laws Strict liability means that the plaintiff does not have to prove negligence or fault on the part of the defendant. Instead, the plaintiff must show that the product was defective and that the defect caused their injuries.

Factors That Affect Accident Fault Under South Carolina's modified comparative negligence law, plaintiffs are eligible to file a personal injury lawsuit if they are less than 51% responsible for an accident. As long as 51% of the accident's fault lies with the other party, then the other party will be liable.

A complaint against a licensee, or an unlicensed person practicing a profession or occupation that requires a license, may be made via the online complaint system or by calling (803) 896-4470. The complaining party is responsible for ensuring that all necessary information is included on the form.

This important Rule 12(b) enables a party to: (1) raise by motion or answer all of the defenses now raised by demurrer, and (2) eliminates the necessity of the awkward "special appearance to object to jurisdiction" under present State practice.

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South Carolina Complaint regarding Negligence