Understanding Negligence in South Carolina
Negligence forms the foundation of most personal injury cases in South Carolina. Furthermore, the state recognizes several distinct types of negligence. Each type carries different legal implications for your case.
When someone fails to exercise reasonable care, they may face liability for resulting damages. However, South Carolina law distinguishes between various levels of carelessness. Understanding these differences helps protect your rights after an accident.
Ordinary Negligence
Ordinary negligence occurs when someone fails to act as a reasonable person would. Moreover, this standard applies to most accident cases in South Carolina.
For instance, a driver who runs a red light demonstrates ordinary negligence. Similarly, a property owner who ignores a broken step shows this type of carelessness. These actions fall below the expected standard of care.
To prove ordinary negligence, you must establish four key elements. First, the defendant owed you a duty of care. Second, they breached that duty through their actions. Third, their breach caused your injuries. Finally, you suffered actual damages as a result.
Gross Negligence
Gross negligence represents a more serious form of carelessness. Additionally, it involves reckless disregard for others’ safety.
Unlike ordinary negligence, gross negligence shows conscious indifference to consequences. For example, a drunk driver exhibits gross negligence. Likewise, a nursing home that repeatedly ignores patient needs demonstrates this severe carelessness.
South Carolina courts may award punitive damages for gross negligence cases. Therefore, victims can recover compensation beyond their actual losses. These additional damages punish the wrongdoer and deter similar conduct.
Comparative Negligence in South Carolina
South Carolina follows a modified comparative negligence rule. Consequently, your own actions affect your ability to recover damages.
Under this system, you can recover damages if you’re less than 51% at fault. However, your compensation decreases by your percentage of fault. Meanwhile, if you’re 51% or more responsible, you cannot recover anything.
Consider a car accident where you’re 30% at fault. Subsequently, your $100,000 award would reduce to $70,000. This reduction reflects your contribution to the accident.
Professional Negligence
Professional negligence occurs when experts fail to meet industry standards. Furthermore, this type includes medical malpractice and legal malpractice.
Doctors must provide care meeting accepted medical standards. Attorneys must handle cases with reasonable skill and diligence. When professionals fall short, they face liability for resulting harm.
Professional negligence cases require expert testimony in South Carolina. These experts explain the applicable standard of care. Then, they show how the defendant violated that standard.
Negligent Infliction of Emotional Distress
South Carolina recognizes claims for negligent infliction of emotional distress. Nevertheless, these cases face strict requirements.
Plaintiffs must typically show physical symptoms from their emotional trauma. Additionally, they often need to witness injury to a close family member. These requirements prevent frivolous claims while protecting legitimate victims.
Vicarious Liability and Negligence
Employers may face liability for employees’ negligent acts. This concept, called vicarious liability, holds businesses accountable.
The negligent act must occur within the scope of employment. Moreover, the employee must be furthering the employer’s business interests. Independent contractors typically don’t create vicarious liability for hiring parties.
South Carolina also recognizes negligent hiring and supervision claims. Employers must reasonably screen and oversee their workers. Failure to do so creates direct liability separate from vicarious liability.
Proving Negligence in Court
Building a strong negligence case requires solid evidence. Therefore, document everything related to your accident and injuries.
Gather police reports, medical records, and witness statements immediately. Additionally, photograph the accident scene and your injuries. Insurance companies and courts rely heavily on documentation.
Expert witnesses often strengthen negligence cases. Accident reconstruction specialists explain how crashes occurred. Meanwhile, medical experts connect injuries to the defendant’s actions. Economic experts calculate future losses from permanent injuries.
Statute of Limitations
South Carolina sets strict deadlines for filing negligence lawsuits. Generally, you have three years from the injury date to file suit.
However, different rules apply to specific situations. Medical malpractice cases face additional notice requirements. Claims against government entities have shorter deadlines. Missing these deadlines eliminates your right to compensation.
Contact Klok Law Firm LLC
Navigating negligence laws requires experienced legal guidance. The attorneys at Klok Law Firm LLC understand South Carolina’s complex negligence standards.
Call (843) 701-1695 today for a consultation about your case. Our team will evaluate your situation and explain your legal options. Don’t wait to protect your rights after an accident.