What Clients Should Know When Preparing for a Deposition
Posted on Aug 22, 2017 by
Nickisha M. Woodward
A deposition is a question-and-answer session with the parties to the lawsuit and the other side’s attorney. Typically, a lawyer will ask the same or similar questions of a witness during the deposition as he or she will ask during the trial of the case. The purpose is to determine what type of witness the person would be if the matter were to proceed to trial. In doing this, lawyers are looking at the credibility of a witness if his or her story differs between the deposition and trial.
Deposition preparation and evaluation of the deponent is critically important in cases. In order to adequately obtain information that is being solicited from the witness, an attorney always must prepare for the deponent. In a deposition, lawyers meet with parties in a case, as well as experts and other witnesses, to ask questions before trial and take statements under oath. This formal questioning is part of the discovery phase, which lawyers use to gather facts to prepare their cases. While depositions are a routine part of litigation, understanding their purpose and how to prepare for them is crucial.
Additionally, lawyers use depositions to determine the strength of their case. Depositions are one of the few times that an attorney gets to evaluate witnesses and use that assessment to determine whether settlement of the case is an option, or if the matter should continue through other motions and trial proceedings. continue reading
South Carolina Auto Liability Case May Set New Bar For Awarding Damages
Posted on May 04, 2017 by
Carmelo B. Sammataro
Questions before the South Carolina Supreme Court could change whether negligence in causing a car accident now may be considered in awarding damages for injuries allegedly caused by a vehicle’s design flaw.
The answers to questions of state law certified in the federal products liability case Donze v. General Motors hinge on the South Carolina Supreme Court’s decision on whether comparative negligence, which apportions damages based on fault, applies in crashworthiness cases.
For years, South Carolina plaintiffs have been able to successfully argue that the circumstances of what caused an accident are irrelevant when considering liability based on crashworthiness, which is the degree to which a vehicle will protect its occupants from the effects of an accident – often referred to as the second collision.
Under the crashworthiness theory in South Carolina, a manufacturer can be held responsible for a design flaw of the vehicle that enhances or aggravates the injuries above and beyond those from the initial collision. continue reading
With Moped Law Under Scrutiny, South Carolina Businesses Get a Wake-Up Call
Posted on Mar 07, 2017 by
William (Billy) Horvath
Businesses that sell or rent mopeds and employees who rely on the two-wheeled transportation for work dodged a bullet last year when a proposed South Carolina law on moped restrictions didn't make its way through the state Legislature. Nevertheless, the proposal's goals should serve as a wake-up call for South Carolina businesses to take appropriate action to protect their employees, assets, and the community.
Last year, the South Carolina Legislature considered Bill H3440 that would have made substantial changes to South Carolina moped law but it ultimately failed to pass. Similar moped regulations have been proposed again this year. continue reading
Attorney-Client Privilege: Use with Care
Posted on Jul 27, 2016 by
Audra M. Byrd
A bedrock principle of our legal system is the protection that the law gives to communications between an attorney and the client.
Like most legal rights, however, attorney-client privilege has limits. Every word shared between a client and attorney isn’t protected. If you’re talking to a lawyer about a sensitive matter, don’t take attorney-client privilege for granted. The law provides exceptions, case law sometimes offers muddled guidance and opposing parties may litigate vigorously over what is covered. Your attorney can advise you as to how it applies to your circumstances, but here are some guidelines about relying on attorney-client privilege and waiving it. continue reading
Business Visas Help Companies Fill Critical Positions
Posted on Mar 23, 2016 by
R. Taylor Speer
Immigration is much in the news these days as the presidential candidates discuss border security, terrorism and preserving jobs for U.S. citizens. These public policy issues deserve a thorough vetting of candidates, but they shouldn’t be confused with the legal business visa process that thousands of American businesses depend upon.
Unfortunately, our schools are not producing a sufficient number of graduates in some professional fields, and American businesses have to bring in foreign nationals to fill critical positions. There is a common misconception that these businesses are hiring cheap labor that displaces U.S. citizens, but that’s wildly inaccurate. American businesses are incurring substantial expense to bring in foreign workers with specialized skills, and they would gladly hire U.S. citizens but for the dearth of domestic talent in some professional areas. continue reading
Take the Extra Step in Product Warnings to Protect Your Company from Liability
Posted on Mar 02, 2016 by
Carmelo B. Sammataro
For years, the assumption in South Carolina law has been that a manufacturer doesn’t have to warn about something that is obviously dangerous, such as a power saw. Do you really need to tell users to keep their hands away from spinning blades? The more challenging concept is: how do you effectively warn about a product that is beneficial when used properly, but that may have dangerous or unintended outcomes if used improperly?
A basic principle of product liability warnings is the concept of the “sophisticated user.” A professional carpenter who uses power tools in his job should be aware of the inherent dangers of a powerful, spinning cutting blade. In comparison, a skilled worker may – or may not -- be expected to appreciate the dangerous qualities of flammable or toxic substances that sometimes are integral components of the job site or the task at hand. continue reading
Turner Padget Lawyer Helps Obtain Favorable Opinion for Defense Bar
Posted on Jul 20, 2015 by
TURNER PADGET LITIGATION TEAM
South Carolina recently became the latest jurisdiction to prohibit the assignment of legal malpractice claims between adversaries in litigation, joining the majority of jurisdictions that have considered the issue. continue reading
What to Expect When You are the Target of a Lawsuit
Posted on Jul 15, 2015 by
Audra M. Byrd
It’s frightening for most business owners to receive notice of a personal injury or premises liability lawsuit, and one of the first questions lawyers are asked is whether to settle the suit and for how much. The good news is that a majority of suits settle, usually within the limits of insurance coverage, and those plaintiffs who insist on going to trial generally have weak cases. continue reading
Considerations for Whether, When and How Much to Pay to Settle Litigation
Posted on Jun 17, 2015 by
Thomas M. Kennaday
Most lawsuits never go to trial, but it is still difficult for a business that is the target of litigation to know whether and when to settle, and for how much.
It may be especially challenging for a defendant to take the initiative to settle when it feels it occupies the moral or legal high ground. However, while it may not seem fair, every defendant starts losing money the day the complaint is filed. Unless a defendant has a viable counter claim or a contractual agreement that the loser pays the winner’s fees and costs, the best a defendant can hope for is to lose only the cost of defense. For this and other reasons, it is often the best business decision to settle, even when in the right. But how much should a defendant pay to settle and at what point in the litigation, and at what number is it better to try the case? continue reading
Tis the Season for Retailers to Know their Premises Liability Risks
Posted on Dec 09, 2014 by
TURNER PADGET LITIGATION TEAM
Nothing says Happy Holidays like the hustle and bustle of Christmastime commerce. Crowded stores, congested parking lots and package-laden shoppers are a welcomed tradition to retail outfits that realize roughly twenty percent of annual sales during the holiday season. But with all the hustle and bustle also comes the increased risk of incidents: the combination of lots of shoppers and lots of merchandise means a greater chance of spills and tumbles (of products and people). The last thing stores want to do is curb retail activity, but how do they keep tabs on potential dangers that could lead to customer injury and legal liability? continue reading