Frequently Asked Questions
What is Product Liability?
If you or a loved one has been injured because of a product that was used, you might have a defective product liability claim. Please contact David can help determine whether or not you have a valid claim as preparing a case can be a complicated process.
From years of legal experience, I can help you determine if the product defect was a result of a faulty design, poor manufacturing or sheer negligence.
What Does Dram Shop Liability Mean and How Does It Apply?
Under South Carolina dram shop laws, a drunk driving victim may be able to seek compensation from the owner of a bar, liquor store or other retailer selling alcohol if they served a drink to a visibly intoxicated person who then caused a drunk driving accident. Dram shop is a traditional term used for a shop where spirits were sold by the dram, a small unit of liquid.
Our laws also recognize that bartenders or bars may share some of the responsibility. A person who is injured in a drunk driving accident may sue the bar, the owner or an individual employee who served alcohol to the driver if he or she was visibly intoxicated. It is against South Carolina law to serve alcohol to someone who is visibly intoxicated.
The idea behind dram shop liability is that the bartender, like the drunk driver, knows that intoxicated drivers are dangerous. If a bartender serves an already intoxicated patron who then gets into a car and causes an accident, the bar or bartender might be held responsible.
What Does Nursing Home Neglect Look Like?
Although the nursing home resident or family can file a lawsuit to seek compensation for injuries suffered as a result of the nursing home neglect, most families prefer to prevent neglectful situations from arising in the first place.
The federal government has defined high-quality nursing home care. All nursing homes and assisted living facilities that get federal funds via Medicare or Medicaid must prevent all of the following conditions, and its a good checklist for investigating nursing home neglect. Signs of nursing home neglect that you might observe in the resident include:
- Lack of devices to assist with and maintain patients vision and hearing
- Unexplained falls and inadequate fall prevention measures
- Bone fractures caused by improper transfers to and from bed, chair, bathroom and shower
- Failure to provide treatment for acute injuries
- Malnutrition or dehydration, or lack of access to food and water
- Unhygienic, unsafe or unclean living conditions
- Inadequate help for residents with incontinence
- Serious medication errors, either by failure to account for medication interactions or failure to properly dispense prescribed medication
- Untreated bed sores, also known as decubitus ulcers or pressure sores
- Physical or sexual assault by staff or violent residents who are inadequately supervised
Other examples of nursing home neglect might be visible throughout the facility. Signs include:
- Inadequate clinical records
- Insufficient staff, especially the lack of properly trained nurses
- Lack of a formal care plan for the resident that addresses physical, emotional and mental health
- No notification of family members and private doctor when the resident gets injured
- Inadequate security measures to prevent residents from wandering out of the facility
- No supervised medical care by a licensed physician
- No pharmaceutical services
How long will my case last?
Personal injury cases vary in length. Some cases drag on for long periods of time and some are settled promptly. Typically a ball park estimate can be given based on similar cases but an accurate time frame is not always possible.
Can I sue?
This is one of the most common questions along with “Do I have a case?” Typically the answer to both question is yes. People can sue for a variety of things and behaviors. However, this doesn’t mean that every case is worth pursuing. Most attorneys will not take every case, just the cases that are likely to be successful.
How much with I receive in damages?
Compensation depends on the extent of your injury, if the defendent’s behavior is deemed reckless or malicious, if wages were lost and even compensation for emotional duress can also vary greatly between cases. A range may be provided based on past cases but with a clear stipulation that your case settlement may be different. It is impossible to give a specific estimate of expected damages.
Will my case go to trial?
Your lawyer should be prepared to take your case to trial but should also be willing to settle if that is in your best interest. While it is impossible to predict whether or not you will end up in court you can be informed as to what to expect regarding litigation and when it becomes apparent whether there will be a trial or not.
Please contact us for more information.