by Christian Stegmaier cstegmaier@collinsandlacy.com Last week, a reader of this blog posed the following: “As a former restaurant manager, I occasionally had to handle walkout situations, where guests either somehow forgot to pay or simplydidn’t want to. In situations like this, can the restaurant require theserver to cover the balance, or does the restaurant have… Continue Reading
The Explainer: 2009 Maximum Weekly Wage
by Christian Stegmaier cstegmaier@collinsandlacy.com For workers’ compensation awards in South Carolina: The South Carolina Employment Security Commission has certified that the average weekly wage in South Carolina for the period July 1, 2007 through June 30, 2008 was $681.36. Accordingly, for accidents that occur on or after January 1, 2009, the maximum weekly compensation rate, which… Continue Reading
Applicability of OSHA Standard Regarding Occupational Exposure to Bloodborne Pathogens to Hotel/Motel Industry
by Christian Stegmaiercstegmaier@collinsandlacy.com The Occupational Safety and Health Administration (OSHA) is an agency of the United States Department of Labor. It was created by Congress under the Occupational Safety and Health Act. OSHA’s mission is to prevent work-related injuries, illnesses, and deaths by issuing and enforcing rules (known as standards) for workplace safety and health.… Continue Reading
The Explainer: Brief Primer on Applicable Causes of Action in South Carolina Food Claims
by Christian Stegmaiercstegmaier@collinsandlacy.com To encourage safe practices, the law imposes liability on food service establishments that serve adulterated food. Causes of action for adulterated food in South Carolina include: Warranty of MerchantabilityThe Uniform Commercial Code is a set of rules designed to simplify and modernize the law governing the sale of goods, including food. South… Continue Reading
Important Changes in South Carolina’s Appellate Court Rules, Rules of Civil Procedure, and ADR Rules
by Christian Stegmaier cstegmaier@collinsandlacy.com Hat tip to Andy Cole of C&L for the following advisory: Recent amendments to the Appellate Court Rules, Civil Procedure Rules, and ADR Rules became effective today as confirmed by orders by the Supreme Court. The Appellate Court Rules renumber some sections (general provisions), add guidance for DNA appeals (new rule… Continue Reading
The Explainer: Brief Primer on Alcohol Liability for South Carolina Restaurants/Bars
by Christian Stegmaiercstegmaier@collinsandlacy.comRestaurants and bars have competing interests regarding the sale of alcohol. On one hand, sale of alcohol can be very profitable; however, on the other hand, it can create tremendous liability, which in turn incentivizes them to moderate both the promotion and the sale of alcohol. The sale of alcohol is intensely regulated… Continue Reading
The Explainer: Permissibility of Employees Representing the Company in Magistrate’s Court
by Christian Stegmaier cstegmaier@collinsandlacy.comOn occasion, we’re asked whether an employee may represent his/her company in actions pending before the Magistrate’s Courts in South Carolina. Our courts have answered that question in the affirmative. In State v. Wells, 191 S.C. 468, 5 S.E.2d 181 (1939), the Supreme Court held a lay person could not represent a… Continue Reading
The Explainer: Merchant’s Defense to Claims Arising from Shoplifting: S.C. Code Ann. § 16-13-140
by Christian Stegmaiercstegmaier@collinsandlacy.com One of the largest sources of claims in the retail sector is LP or loss prevention claims. Patrons accued of shoplifting will sometimes bring actions in tort against a retailer, alleging false imprisonment, slander, intentional infliction of emotional distress, and malicious prosecution. These claims can cause large headaches for retailers. A statutory… Continue Reading
The Explainer: Landowner Liability for Criminal Acts of Third Parties
by Christian Stegmaiercstegmaier@collinsandlacy.com I read this morning (3/27/09) of a robbery at a quick service restaurant in the Upstate. Unfortunately, from time to time, patrons are injured by the tortious conduct of third persons. This conduct includes armed robberies or spontaneous fights that may break out. The following is a brief primer on the law… Continue Reading
The Explainer: Primer on Premises Liability in South Carolina
by Christian Stegmaiercstegmaier@collinsandlacy.com Our firm represents many businesses throughout South Carolina in the retail and hospitality sectors. A frequent question posed to us by our clients is: “What is our duty to protect people who come onto our property from hazards on the premises?” I imagine you may have the same question. Accordingly, the following… Continue Reading
