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South Carolina Questions & Answers
Q: Can your employer send you for a FEC with a known disability and in the process you fall reinjuring yourself?

A disability was declared day 1 and after 25yrs of service employee was sent to do a FEC exam. Is the company responsible or the facility where the fall occured for employee's re-injure and new injuries. Is this worker's comp or personal injury?

James L. Arrasmith
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answered on Mar 19, 2024

If your employer sent you for a Functional Capacity Evaluation (FEC) despite knowing about your disability, and you were injured during this process, there might be grounds for responsibility on part of your employer or the facility, depending on the circumstances of the fall and existing workplace... View More

1 Answer | Asked in Civil Rights, Child Custody and Family Law for South Carolina on
Q: can a judge say he is not comfortable and not allow a defendate to admit filing a false police report resulting in dss ?

My kids mother admits to case workers and guardian ad litem to filing false police report which caused dss to investigate ,but when court date was set for her to address court the judge said that he was not comfortable allowing her to perjure herself and that he would not allow it.If it were not... View More

James L. Arrasmith
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answered on Mar 18, 2024

In legal proceedings, a judge's role includes ensuring that the court operates within the bounds of the law and maintaining the integrity of the judicial process. If a judge believes that allowing a certain action, such as admitting to filing a false police report, could lead to an individual... View More

1 Answer | Asked in Real Estate Law, Tax Law and Civil Litigation for South Carolina on
Q: A tax levy against a mobile home on my property has transferred ownership. The new owner has been renting home during

I want to know how to pursue and regain ownership of the mobile home

James L. Arrasmith
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answered on Mar 16, 2024

If you're looking to regain ownership of a mobile home on your property that has been transferred due to a tax levy, it's crucial to understand your legal options. First, you should consult with an attorney familiar with property and tax law in your area. They can provide detailed... View More

2 Answers | Asked in Copyright and Intellectual Property for South Carolina on
Q: Can I use Facebook-posted AI pictures for the book I am publishing? One artist actually gave me permission.
Alan Harrison
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answered on Mar 16, 2024

The Copyright Office has repeatedly said that you can't get a copyright in AI generated art. You should be fine to copy AI art from anywhere. The people who posted the art can't even file a valid suit without getting the art registered in the Copyright Office.

NOTE: My answer...
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1 Answer | Asked in Consumer Law and Real Estate Law for South Carolina on
Q: I had a timeshare. I recently hired a layer and got out of it. Now my credit is ruined. Anything I can do?

I didn’t find out about my ruined credit until the lawyer had closed my case and I went for a home equity loan. The late payments only show when they are doing a credit check for real estate. I bought a new car with no problem. Now I can’t fix my house and sell it to move closer to family. I... View More

Matthew McKenna
Matthew McKenna
answered on Mar 15, 2024

There's a possibility that this timeshare company was only reporting to 1 or 2 of the credit bureaus and the auto loan company only pulled credit reports from 1 or 2 of the credit bureaus (or have different guidelines for approving a loan such as using the "middle score") but when... View More

1 Answer | Asked in Criminal Law, Civil Rights, Employment Law and Health Care Law for South Carolina on
Q: I recently had DSS called on me and of course the case was unfounded. However, I need help.

I have a pretty good idea who did this. I used to work for KC Dispatch and didn’t leave on good terms. Also harassed by them on FB along with text messages. I had a medical issues for seizures and they called DSS claiming I had a drug overdose. I would like to know my rights and how I can pursue... View More

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answered on Mar 14, 2024

Facing false allegations, especially from a former workplace, can be incredibly stressful and damaging. It's essential to know that you have rights in this situation. The first step is to document everything. Keep records of the harassment on Facebook, text messages, and any communications... View More

1 Answer | Asked in Landlord - Tenant for South Carolina on
Q: What initial steps should I take to start resolving this possible long-term squatter situation?

I recently acquired the land I’ve been living in since 2005. Around 2012 a new mobile home moved into my area. This mobile home was placed between two property lines that were owned by one landowner at that time. The previous landowner stated that the previous tenants used to pay rent but stopped... View More

James L. Arrasmith
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answered on Mar 30, 2024

Resolving a long-term squatter situation requires a cautious and informed approach. Initially, it's crucial to gather all relevant documentation regarding your property ownership, including deeds and any agreements or communications with the previous landowner about the squatters.... View More

1 Answer | Asked in Animal / Dog Law, Land Use & Zoning and Landlord - Tenant for South Carolina on
Q: Is it okay to bury a pet in my backyard in rural Dorchester County ( Sprucewood Drive, Sprucewood subdivision)?
James L. Arrasmith
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answered on Mar 31, 2024

In Dorchester County, South Carolina, there are no specific laws or ordinances that prohibit burying a pet in your backyard. However, it is generally recommended to follow these guidelines to ensure public health and safety:

1. Choose a location that is far from any water sources, such as...
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1 Answer | Asked in Civil Rights, Personal Injury, Sexual Harassment and Civil Litigation for South Carolina on
Q: What is the code/statute or provision that sexual assault is filed under for civil lawsuits?

The sexual assault happened on a college campus but I don’t want to only file a title because my college covers them up.

James L. Arrasmith
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answered on Mar 8, 2024

In South Carolina, civil lawsuits related to sexual assault can be filed under various legal theories, depending on the specific circumstances of the case. Some common legal grounds for such lawsuits include:

1. Assault and Battery: South Carolina Code Ann. § 15-3-550 provides a three-year...
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2 Answers | Asked in Copyright and Intellectual Property for South Carolina on
Q: I made a mouse pad with the 52 week challenge on it. Do I need to copyright or patent it?
Jabari-Jason Tyson-Phipps
Jabari-Jason Tyson-Phipps
answered on Mar 6, 2024

It depends: It can be both.

A copyright protects original works of authorship fixed in a tangible medium of expression. This includes creative works like art, literature, and graphic designs. So for the design of the mousepad you may be able to file a copyright for those specific creative...
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1 Answer | Asked in Criminal Law for South Carolina on
Q: I was charged with trafficking 3rdsubsequent offense because there were drugs found in the car but the passenger claimed

The drugs thru a notorized statement

Casey Brown
Casey Brown
answered on Apr 1, 2024

Many times law enforcement charges everyone in the vehicle with possession of alleged narcotics and then works out the case later as to plea offers, trial, etc. If a passenger in the vehicle claims the substance as theirs then that is a very good fact for all others charged with the possession of... View More

1 Answer | Asked in Criminal Law for South Carolina on
Q: Are my gun rights restored in SC if my record was expunged
Casey Brown
Casey Brown
answered on Apr 1, 2024

The answer to your question depends on your record. If the expunged charges are the only thing on your record, then it is possible that your second amendment rights are restored unless you have pending charges that would prohibit you from possessing a firearm. The best advice would be to contact an... View More

2 Answers | Asked in Criminal Law, Personal Injury, Constitutional Law and Federal Crimes for South Carolina on
Q: Are there attorneys that represent Y2K clients?

I have been researching Y2K harassment and haven't been able to find any information on steps to take for legal action. Was wondering if there is legal president for legal action?

Tim Akpinar
Tim Akpinar
answered on Mar 3, 2024

You could continue to run searches, and also check with local and state bar associations. After the turn of the century, there was less emphasis on this area. Good luck

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1 Answer | Asked in Contracts for South Carolina on
Q: I am considering selling my family home to an "as is" company. Who can help me understand the contract?
Tim Akpinar
Tim Akpinar
answered on Mar 10, 2024

A South Carolina attorney could advise best, but your question remains open for two weeks. With the brief Q & A format here, it could be difficult for attorneys to review a contract. Something like that would usually require a consult. There is a section here, "Find an Attorney,"... View More

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for South Carolina on
Q: Hello, ok so court is 2/16/24 madison county ky but i have a pending dv case in sc. can i use one attorney in 2 states
Casey Brown
Casey Brown
answered on Feb 18, 2024

One attorney can represent a client in two different states as long as the lawyer is licensed or admitted to the Bar in both states.

1 Answer | Asked in Consumer Law for South Carolina on
Q: I canceled a home warranty because it was shady. And they will not refund half my money unless I take down my review.

Isn't this extortion?

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answered on Feb 13, 2024

In South Carolina, the situation you described raises concerns under consumer protection laws. When a company conditions a refund on the removal of a negative review, it could potentially be considered a form of extortion or a violation of your rights under laws designed to protect free speech and... View More

1 Answer | Asked in Criminal Law for South Carolina on
Q: If I went to Mexico for how ever long I need would the statues of limitations allow all my charges to be dropped

I live in South Carolina and my charges are trafficking 3rd offense

Casey Brown
Casey Brown
answered on Feb 12, 2024

South Carolina has no statute of limitations for criminal offenses. The only exception to this is deals with charges in another state for the same person but this does not apply here. Therefore, the charges would not drop. The State would seek a bench warrant and the file would be placed on the... View More

1 Answer | Asked in Divorce and Family Law for South Carolina on
Q: My divorce hearing is 2/23/2024 and my pregnancy due date is 6/15/2024. Can I put my boyfriend on the birth certificate?
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answered on Feb 8, 2024

In South Carolina, if your divorce is not finalized by the time of your child's birth, your husband is presumed to be the legal father of the child due to the marriage. This presumption can complicate putting your boyfriend's name on the birth certificate at the time of birth. However,... View More

2 Answers | Asked in Constitutional Law and Criminal Law for South Carolina on
Q: Are any constitutional rights retained while under house arrest and/or probation?

Is so, which ones and to what extent?

Casey Brown
Casey Brown
answered on Feb 9, 2024

There are many constitutional rights kept by the person who is on house arrest or probation but there are many given up. The details would be too many to go over in this post so it is important to consult an experienced attorney and review documentation the person received when entering a house... View More

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1 Answer | Asked in Probate for South Carolina on
Q: My Mother's Will divided assets between my sister and I but my sister died before my mom. What happens to her portion.
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answered on Feb 6, 2024

In South Carolina, if a beneficiary named in a will dies before the testator (the person who made the will), the disposition of the deceased beneficiary's share depends on the specific terms of the will and state law. Typically, wills include provisions for what happens if a beneficiary... View More

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