As law enforcement in the 2020s focuses on the rise in drug trafficking and other offenses, criminal organizations have increasingly turned to retail crime to generate illicit profits by using internet-based tools to steal merchandise, sell stolen goods, and move money. Simply stated, organized retail crime and the related losses have reached epidemic proportions for… Continue Reading
About Christian Stegmaier
“What Have Y’all Been Up To Tonight?”: The Innocuous Question Your Servers Should Be Asking
The “Knew or Should Have Known” Standard Created by Case Law Necessitates Extra Vigilance by Permit Holders Understanding the parameters of what constitutes the safe service of alcohol in South Carolina bars, restaurants, and clubs can be a tricky thing. That’s because South Carolina does not have Dram Shop laws. Instead, alcohol liability in the… Continue Reading
Legal Brief: Singletary v. Shuler
The South Carolina Court of Appeals issued an opinion this morning in Singletary v. Shuler, which is a wrongful death and survival action arising from a fight between Singletary’s decedent and Shuler in Shuler’s house following a get together. The case was tried before the Charleston County master-in-equity, who awarded $1.5 M for the wrongful death… Continue Reading
Defending Coffee Burn Claims
America is coffee addicted. That fact is plainly evident by the sheer numbers of food service establishments and other retailers selling and serving it. Of course, with more coffee being served, the greater the chances are for customer claims involving accidents, including alleged coffee burns. Within recent years, we have defended many such claims. We… Continue Reading
Application of Intervening and Superseding Act in Negligence Cases as a Basis for Summary Judgment
Most personal injury actions in South Carolina sound in negligence. In a negligence action, the plaintiff must prove proximately-caused damages. Hurd v. Williamsburg Cty., 363 S.C. 421, 611 S.E.2d 488 (2005); Rush v. Blanchard, 310 S.C. 375, 426 S.E.2d 802 (1993). Proximate cause requires proof of both causation in fact and legal cause. Oliver v.… Continue Reading
Pursuit of Summary Judgment in Vicarious Liability Claims Premised Upon Intentional Act of an Employee Criminal In Nature
Here’s the scenario: An employee commits an intentional act that is criminal in nature while on the clock. A third party is injured by this act. The employer is sued based on a theory of vicarious liability. The act was not in the course and scope of employment, nor was it done in furtherance of… Continue Reading
Act Now to Reduce Risk During Hurricane Florence: Urgent Information for the Retail and Hospitality Industries in South Carolina
Parts of South Carolina are in the forecast path of Hurricane Florence. If you are in the path and work in the retail and hospitality industries, now is the time to act in order to reduce the risk of claims during the storm. Do not attempt to capitalize on a crisis by raising… Continue Reading
Post Las Vegas: The New Reality for Hotels When It Comes To Guest Privacy
It has been written an innumerable amount of times: 9/11 changed the course of our history and forever affected just about every business and activity in this country. Travel, particularly air travel, is measurably different than what it was prior to that fateful day in New York, Washington, D.C., and Shanksville. Think back to getting… Continue Reading
“What is Our Liability for Wild Animals?” Asks Hoteliers & Other Hospitality-Related Operators After Alligator Attack
On June 15, the nation woke up to their Twitter and Facebook feeds to learn about the horror that had visited a Nebraska family the night before at a Walt Disney World hotel property when a two-year-old boy playing in a foot of water was killed after being attacked and carried away by an alligator… Continue Reading
Alcohol Liability Laws Regarding Sales to Intoxicated Persons Apply to C-Stores Too
As the weather turns warmer, folks who have been cooped up all winter start thinking about getting outside and going to cookouts and get-togethers with friends, along with weekends at the lake or beach. And when friends and family come together for fun and recreation, often alcohol is involved. Convenience stores are one place where… Continue Reading
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