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South Carolina Civil Litigation Questions & Answers
1 Answer | Asked in Personal Injury and Civil Litigation for South Carolina on
Q: In a courtroom setting w/Jury, what is the proper way to introduce higher court rulings into a trial?

I live in South Carolina, a strict liability state. I was jogging and was attacked and bitten by two dogs. I was injured (not seriously, two puncture wounds in my leg). I filed in small claims court for damages. The Defendant has retained legal counsel. The demanded a jury trial. I am... View More

Carole Jean Hayes
Carole Jean Hayes
answered on Feb 6, 2024

Give the judge the case law before the jury is called in and highlight the applicable parts, and ask him to charge the jury with the highlighted portions. That means he will read those to the jurors when he is telling them about the law which happens after closing statements, and before they... View More

1 Answer | Asked in Criminal Law, Civil Litigation, Constitutional Law and Libel & Slander for South Carolina on
Q: How did they sign a warrant for my arrest based of the statement of a witness that was the so called victims best friend

The so called victim was my husband customer who wrote a bad check for 6500 and my husband and him argued at the dock. I never got off the boat but he said I damaged his car?! We didn't even put.in at that marina I wouldn't even have known.what car or truck was his out of the 60... View More

James L. Arrasmith
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answered on Jan 30, 2024

I understand your concern and frustration regarding the warrant for your arrest. In situations like this, it's important to know that law enforcement can issue a warrant based on the statement of a witness, even if that witness is the alleged victim's friend. However, the validity of the... View More

1 Answer | Asked in Civil Litigation and Contracts for South Carolina on
Q: If given a phone by an individual that passes away before credit balance was paid in full, what happens to the phone?

The credit card is only in the name of the deceased.

James L. Arrasmith
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answered on Jan 25, 2024

In the situation you've described, where a phone was given to you by someone who has since passed away, and the phone's credit balance is unpaid, there are a few considerations under South Carolina law. First, the responsibility for the unpaid balance typically falls to the estate of the... View More

2 Answers | Asked in Car Accidents and Civil Litigation for South Carolina on
Q: I recently got my car stuck in flood waters yet the cops still towed it to the impound should I have to pay to get out
James L. Arrasmith
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answered on Jan 23, 2024

In South Carolina, if your car is towed to an impound lot, regardless of the circumstances, you are generally responsible for the costs associated with towing and storage. This applies even if your car was stuck in flood waters. The decision to tow is often made for safety reasons or to clear the... View More

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2 Answers | Asked in Car Accidents and Civil Litigation for South Carolina on
Q: I recently got my car stuck in flood waters yet the cops still towed it to the impound should I have to pay to get out
Carole Jean Hayes
Carole Jean Hayes
answered on Jan 23, 2024

You will have to pay to get it out and you should also be mindful that there may storage cost involved so I would do this sooner than later. The logic behind it is it was a safety hazard and had to be removed for public safety and you are the owner and are responsible for securing the vehicle.

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1 Answer | Asked in Contracts and Civil Litigation for South Carolina on
Q: Can a third party monitoring service change the daily and bi-weekly rate at each scheduled appointment?

When enrolled in the program my partner was given a daily fee of $7.55 or $52.85 weekly or $105.70 bi-weekly. And he's in a program that is for Greenville and Spartanburg county residents only. But he's a Berkeley county resident. He's now paying up to $200 bi-weekly. They do not... View More

Roy Willey
Roy Willey
answered on Jan 2, 2024

This would be dependent upon the actual agreement or contract he signed. Some contracts allow for variations in pricing due to market conditions, etc. Some do not. So it just depends what he signed and agreed to at the time of initiation of the relationship. He may also have a cancellation... View More

1 Answer | Asked in Civil Litigation, Business Law and Libel & Slander for South Carolina on
Q: I have an issue regarding an Instagram account using my business logo to say damning things about myself

It is not only harmful to my business but the account is putting me in potential physical danager.. I am happy to share more details in private. My question is can I draft some form of letter explaining the danger they're putting me in and have them remove the post?

Roy Willey
Roy Willey
answered on Dec 26, 2023

Yes, you could send them a cease and desist letter. The issue with that is you don’t really know who they are and it’s likely to be ineffective. If you sued you could get more info about them via discovery with instagram to potentially find out who they are. But you will likely need a lawyer... View More

1 Answer | Asked in Personal Injury, Civil Litigation and Wrongful Death for South Carolina on
Q: What can I do if my old trucking company is being falsely accused in a wrongful death lawsuit?

We went out of business in 2011-2012. The deadly accident occurred in SC in 2020. We moved to NY in 2013. The DOT number listed in the lawsuit is not our old DOT number. I have contacted several lawyers in NY & SC only to be told that this isn’t in their wheelhouse. Meanwhile, I have 15 days... View More

Tim Akpinar
Tim Akpinar
answered on Dec 23, 2023

A South Carolina attorney may be able to advise best, since that is the state you posted under. But your question remains open for a week and you mention a short timeline in which to respond to a summons. If there was a liability policy in effect at the time of the accident, the carrier should be... View More

1 Answer | Asked in Civil Litigation for South Carolina on
Q: I allowed a woman to put a shed on my property to live in. We helped her get it ready to move-in. She lived here for

For less than 10 days she abandoned the property over a year ago. The shed is still on my property now she is trying to get it back. Do I have the right to keep it because it was on my property for over a year abandoned?

James L. Arrasmith
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answered on Dec 14, 2023

In your situation, where someone left a shed on your property and now wants it back after a year, there are several legal considerations. Firstly, the fact that the shed was abandoned on your property does not automatically grant you ownership rights to it. Ownership of personal property like a... View More

1 Answer | Asked in Construction Law and Civil Litigation for South Carolina on
Q: My concrete driveway is three years old and is crumbling and is getting holes all over it.

Do I need a lawyer or should I go to the magistrate for civil action thank you

T. Augustus Claus
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answered on Dec 14, 2023

Deciding whether to involve a lawyer or go to the magistrate for civil action regarding your crumbling concrete driveway depends on several factors. First, check if you have a written contract with the contractor and review the warranty terms. If the warranty is still valid (covering three years)... View More

1 Answer | Asked in Personal Injury and Civil Litigation for South Carolina on
Q: My aunt sold all my property in storage while I was in prison for two years. Over $100k. What do I do?

I knew I was facing prison time so I left my Aunt in charge of everything. While I was incarcerated she paid $5k for a lawyer for me and then got mad because I didnt pay her back. I went to prison and could not pay her while in prison. She then sold all my belongings without my permission or... View More

James L. Arrasmith
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answered on Nov 17, 2023

In your situation, it appears that your aunt may have sold your property without legal authority or your consent. This could potentially be a case of conversion, which is the unauthorized taking or selling of someone else’s property.

Firstly, gather all relevant documentation, such as...
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1 Answer | Asked in Civil Litigation and Criminal Law for South Carolina on
Q: Could someone press charges for sending them pictures by mail

In bad judgement I sent over 200 pictures through the mail to my fiancés ex wife after she sent me every date that they’d been together and what they were doing together. Some of the pictures were screenshots of texts, us with our kids, pictures of us together and one of the pictures I had on... View More

James L. Arrasmith
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answered on Nov 9, 2023

It's important to understand that mailing photographs, even in large quantities, isn't typically a criminal act unless the content is illegal, such as explicit material intended for adults. However, sending a suggestive image where a minor could view it may raise legal concerns. The... View More

1 Answer | Asked in Contracts, Personal Injury and Civil Litigation for South Carolina on
Q: My storage unit was broken into through the inside,the unit next to mine was rented and they broke the walls.

The property manager said the cameras weren’t working at the time of the robbery but the district manager said they do work they need the monitors fixed. I haven’t received any updates or anything from the public storage. They haven’t fixed the walls that were damaged in the unit either.... View More

John Michael Frick
John Michael Frick
answered on Oct 3, 2023

You should make a claim on your insurance for the value of the stolen items. Your insurance company will be subrogated to any lawsuit you may file. If the thieves are identified, you likely have a very good lawsuit against them, but they may not have any non-exempt assets to satisfy any judgment... View More

1 Answer | Asked in Civil Litigation and Landlord - Tenant for South Carolina on
Q: Is it legal for a property manager to make me re-sign a lease one month in because of their mistake?

In the original lease I obviously allotted for a certain amount. I go to check to pay my first month and now there is an additional payment each month for something called the renters package which essentially is renters insurance. They are saying that it is required, and there is no opting out... View More

John Michael Frick
John Michael Frick
answered on Oct 2, 2023

It is certainly legal for the landlord to ask but you are under no legal obligation to agree.

The lease that you and your landlord signed is a valid contract that is binding on both parties. If the lease does not require renter’s insurance, you are not required to buy renter’s...
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1 Answer | Asked in Contracts, Civil Litigation and Construction Law for South Carolina on
Q: Can I fire a general contractor? What are the consequences?

No contract for job. Incomplete and shoddy work. Taking too long to complete. Asking for money and has never presented us with an invoice or an accounting of what has been paid. Now asking for $10k. This may turn into a civil lit/contract law situation

Zach S. Naert
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Zach S. Naert
answered on Jun 29, 2023

Although you do not have a written contract, presumably you do have a verbal contract, which is the verbal agreement for the work to be done and the compensation to be paid. It would be a good idea to preserve all of your evidence now, as you noted, it may turn into a civil litigation/contract... View More

1 Answer | Asked in Civil Litigation and Nursing Home Abuse for South Carolina on
Q: is there a place that the public can check on wins or jury cases for a lawyer?
Roy Willey
Roy Willey
answered on Jan 23, 2023

Yes, if you know what you are looking for. When hiring a civil litigation attorney you should ALWAYS ask about their success in the courtroom with jury verdicts. This is not because your case will absolutely go to trial, it may not, but insurance companies know the lawyers that will go the... View More

2 Answers | Asked in Civil Rights, Constitutional Law and Civil Litigation for South Carolina on
Q: I’m curious on if i can take legal action for a situation that happened to me.

I rented a Uhaul truck from a facility and paid for it in full, and then on my drive home I was followed by police, pulled over, and then had 6 cop cars swarm me and demand i get out at gunpoint. I was detained, placed into handcuffs, read Miranda rights, and then told the truck was stolen. I did... View More

Eva Zelson
Eva Zelson
answered on Oct 20, 2022

False imprisonment occurs when an individual is wrongfully held in custody. However, if you are arrested based on evidence, even if it is later revealed that the evidence was incorrect and that you are actually innocent of the accused crime, you probably do not have a claim for false arrest because... View More

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1 Answer | Asked in Civil Litigation, Landlord - Tenant, Personal Injury and Civil Rights for South Carolina on
Q: I feel like I have a good case for a lawsuit against my former leasing company that I rented from. It’s a lot.
James L. Arrasmith
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answered on Dec 29, 2023

To determine whether you have a viable case against your former leasing company, it's important to consider several key factors. First, identify the specific grievances you have against the company. These could include issues like breach of the lease agreement, failure to maintain the... View More

1 Answer | Asked in Civil Litigation, Health Care Law, Personal Injury and Wrongful Death for South Carolina on
Q: Can my family sue for how a hospital profiled my mother who passed away? Failed to diagnose cancer but passed from clot.

My mothers medical journey was a nightmare and a hospital system failed her horribly. She was profiled from day one. Even her FNP will attest to this. We had an autopsy done. Her abdomen had caused her pain for almost a year. Protruding and painful. The cancer center cancelled her appt 2 months... View More

Tim Akpinar
Tim Akpinar
answered on May 8, 2023

A South Carolina attorney could advise best, but your post remains open for two weeks. I'm very sorry for the loss of your mother. You could reach out to law firms to try to set up a free initial consult. This appears to be a complex file with a long patient history - and it isn't clear... View More

1 Answer | Asked in Estate Planning, Contracts, Civil Litigation and Probate for South Carolina on
Q: How can I get an appointed attorney for a person with mental disabilities and poor. Trustee is stealing his money.

The petitioner is indigent, has mental and physical disabilities, the trustee has been committing frauds and not distributing his money so he can’t pay for an attorney. Can the court appoint an attorney and order the trustee to pay for it or get him an attorney probono? I have been assisting him... View More

John Michael Frick
John Michael Frick
answered on Feb 10, 2023

You should consult an attorney about appointing a guardian of the person because of his physical and mental disabilities.

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