In a published 2-1 opinion, the South Carolina Court of Appeals recently held that where a national corporation failed to assert the punitive damages caps articulated in Section 15-32-530 as an affirmative defense, the defense was waived. As a result, the Court of Appeal upheld a 45:1 ratio punitive damages to compensatory damages award. In… Continue Reading
Retail & Hospitality Law Blog
South Carolina Retail & Hospitality Law Alerts provides timely updates on pressing issues in the retail and hospitality field, with commentary from our experienced retail and hospitality law team.
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
No “Free Bite” – South Carolina’s Strict Liability for Dog Bites and Attacks
Sometimes man’s best friend is not so friendly. Other times a dog may be overly friendly or playful and cause an injury by jumping or pouncing. In either case, the alleged victim is going to turn to South Carolina’s “dog attack” statute, codified in S.C. Code Ann. § 47-3-110, which provides, in part: If a… Continue Reading
Keep Calm and Investigate: Top 10 Tips for Documenting Accidents at Your Business
This infographic was derived from an article published by attorney Amy Neuschafer. For more detailed information, read the article — Keep Calm and Investigate: Top 10 Tips for Documenting Accidents at Your Business. This information is not legal advice for any specific situation.
Reminders for Retailers and Hosts this Sunday
Just in time for the big game, attorney Christian Stegmaier shares some important tips and guidelines for commercial establishments like restaurants and bars, as well as for social hosts at homes or private venues. Guidelines for Commercial Establishments Prohibition against serving intoxicated patrons If an employee or business knowingly serves an intoxicated patron, the… 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
Witness Credibility: The Jury’s Deciding Factor?
The Fourth Circuit Court of Appeals recently issued an unpublished opinion that highlights the tremendous impact the credibility of witness testimony can have on the outcome of a jury trial. In Paulette A. Myers v. Dollar General Corporation, Case No. 17-1785, Dollar General appealed the district court’s denial of its motion for judgment as a… Continue Reading
A Recent Administrative Law Court’s Order Could Jeopardize Late-Night Establishments
An attempt to clean up a college town could have a rippling effect far beyond “Famously Hot” Columbia and crash waves that will be felt among the bar and club communities across the Palmetto State. On April 3, 2018, an Administrative Law Judge (“ALJ”) found that an LLC operating a bar in the Five Points… 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
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