Author: Adrian Santiago

Picture of the outside of a federal bank

Compliance & Risk Management in Banking: Legal Considerations

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Banking is highly regulated for a reason. Financial institutions hold and manage other people’s money. There must be regulations in place to protect customers and investors. However, compliance can leave you in a maze of regulations and rules where one mistake could result in significant legal and financial problems. Our South Carolina business attorneys discuss compliance and risk management in banking, including strategies for reducing the risk of non-compliance. 

What Is Compliance Risk Management in Banking?

Compliance risks are a concern for any organization, especially for highly regulated businesses like banking. Banks must comply with a host of regulations set by the OCC (Office of the Comptroller of the Currency), the FDIC (Federal Deposit Insurance Corp.), and other regulatory agencies. 

Compliance risk management is the process of identifying and assessing risks related to compliance with industry standards and regulations. It includes the policies and procedures in place to monitor risks and compliance to ensure that a financial institution remains compliant. There should also be a procedure to assess the liability and losses a bank might face for non-compliance. 

The steps involved in compliance risk management for banks include:

Assessing Current Framework

Analyze the systems and processes you use to ensure compliance with regulations and standards. A robust framework for compliance risk management is essential. It should provide a structure to adequately control and monitor compliance risks. Assessing the strength of your current framework identifies areas that need to be improved to reduce risks.

Perform a Risk Assessment

Determine the types of compliance risk to the bank. Formulating a risk matrix is one of the best ways to understand the types of risks the bank faces and the likelihood and impact of each risk. An area that many banks overlook is cyber security compliance. Policies must be in place for effective measures that deal with cyber threats and risks. 

Pinpoint Gaps in Compliance

Identify areas where gaps exist in compliance. Immediately place practices and procedures to fill these gaps to ensure compliance with industry requirements and regulations or modify existing policies to address the compliance gaps. 

Foster a Culture of Compliance

Hold security training programs to ensure employees are aware of the policies and procedures for compliance. Ensure employees are comfortable taking an active role in compliance risk management, including reporting potential compliance risks. As part of the compliance management framework, implement clear responsibilities within the bank and install procedures for accountability.

Remain Current on Changes to Banking Regulations

Changes in regulations and compliance can create legal issues if you are not aware of the changes. Work with legal counsel to ensure you have a procedure in place to receive information about changes and implement new standards and policies to ensure compliance with the changes. 

Learn More About Compliance and Risk Management From Our South Carolina Business Attorneys

All businesses face issues with compliance and risk management. At Willcox, Buyck & Williams, P.A., our lawyers assist companies and business owners in implementing strategies and policies to ensure compliance and lower risks. We also help you navigate legal issues related to these matters. Call today to schedule a consultation with one of our South Carolina business attorneys.

Bicycle on the floor after an accident with a car

Steps to Take if You’ve Been Injured in a Bicycle Accident

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In South Carolina, the scenic roads and vibrant cycling community make biking a popular pastime and mode of transportation. However, cyclists find themselves particularly vulnerable when navigating traffic alongside larger, faster vehicles. Recognizing this, bicycle advocacy groups in the state have been instrumental in pushing for enhanced safety measures and laws that protect cyclists, ensuring they can share the roads safely with motor vehicles.

Despite these efforts, accidents happen. Being hit by a car while cycling can be a frightening and potentially life-changing event. Knowing the correct steps to take immediately after such an incident can significantly affect the outcome of any legal or insurance proceedings that follow.

Our South Carolina bike accident attorneys put together this guide on what to do if you’re involved in a bicycle accident with a car:

13 Things To Do If You’re in a Bike Accident in South Carolina

  1. Remain Calm and Assess Your Situation: Keeping calm allows you to think clearly and make better decisions following an accident.
  2. Move to Safety: Prioritize your immediate safety by moving out of the roadway to prevent further accidents.
  3. Call 911: It’s essential to report the accident to law enforcement and secure a police report, which plays a critical role in any legal and insurance claims.
  4. Exchange Information with the Driver: Collect contact and insurance information from the driver without discussing the accident details or admitting fault.
  5. Gather Witness Information: Witnesses can offer unbiased accounts of the incident, so collect their contact information for future reference.
  6. Document the Accident: Take detailed notes and photos of the accident scene, your injuries, and any damages to your bicycle and the vehicle involved.
  7. Seek Medical Attention: Even if you don’t feel injured, getting a medical evaluation is crucial since some injuries may not be immediately apparent.
  8. Do Not Repair Your Bicycle: Keep your bicycle in its damaged state until it has been documented and assessed by an attorney, as it serves as important evidence.
  9. Avoid Social Media: Refrain from posting details about the accident or your injuries online, as these posts can be used against you in insurance or legal matters.
  10. Consult a Personal Injury Attorney: An attorney can provide valuable advice on your rights and the best course of action for your situation.
  11. Report the Accident to Your Insurance: Inform your insurance company about the accident but consult with your attorney before providing detailed information.
  12. Follow-up with Medical Care: Continue to seek medical care for any injuries, following up as needed to address any delayed symptoms.
  13. Maintain Detailed Records: Document all medical treatments, communications with insurance companies, and any other expenses related to the accident.

Talk to Our South Carolina Personal Injury Attorneys

Navigating the aftermath of a bicycle accident can be overwhelming. By following these steps, you can protect your health, safety, and legal rights, ensuring that you’re well-prepared to handle the challenges that come with seeking compensation and recovery. Always consider consulting with a personal injury attorney who can guide you through the legal complexities specific to South Carolina, helping to secure the support and compensation you deserve.Contact our office today to speak with an attorney about your accident.

Lawyers looking over a business contract draft

Drafting Enforceable Contracts: Tips to Avoid Breach

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In the business world, contracts are necessary to protect yourself and your business. In addition to being the backbone for nearly every transaction, contracts ensure the parties fulfill their obligations. Parties to a contract can suffer financial harm from contract breaches when the contract hasn’t been drafted properly and isn’t legally enforceable. Here are our top five contract drafting tips to help business owners avoid contract breaches in South Carolina.

1. Clearly Define the Parties and Terms of the Contract

Ambiguity is one of the most common causes of contract breach. Although the parties to a contract may assume that they agree on the terms’ meaning, disputes can arise when the terms are overly ambiguous. The contract should clearly identify all parties to the contract, including any subsidiaries or affiliates, to avoid confusion and potential breach of contract claims. 

It’s also essential to clearly outline the scope of the contract. The contract should clearly state the rights and obligations of each party, including any exclusions or limitations. The terms should be specific about the duties and responsibilities of each party and not leave any room for misinterpretation.

2. Include Precise Payment Terms

Many breach-of-contract claims involve misunderstandings about payment terms. When drafting a contract, it’s important to include detailed terms related to payment. The contract should specify the amount, acceptable payment methods, and due date for each payment. To ensure accountability, it should also specify any interest charges or penalties that will be incurred for late payment.

3. Address Remedies for Breach of Contract

Breach of contract can happen even when the contract has been well drafted and is legally enforceable. The contract should address the remedies available for a party whom a breach of contract has injured. Addressing the available legal remedies upfront can prevent you from undergoing a lengthy court battle. 

Consider including provisions that outline the penalties for a breach of contract. Examples of penalties for breach of contract include termination rights and liquidated damages. The contract should also include any available dispute resolution methods the parties must use.

4. Conduct Thorough Due Diligence

Before entering into a contract, both parties should conduct thorough due diligence. Learning about the other party’s financial stability, reputation, and previous business practices may help you avoid a breach of contract. 

An in-depth understanding of the other party’s licensing requirements and compliance with industry regulations can help you make informed decisions and minimize risk. You may decide not to enter into a contractual agreement with the other party. If you do, you will benefit from working with an attorney to include provisions that protect yourself.

5. Hire an Experienced Attorney to Draft and Negotiate Contracts

Drafting legally enforceable contracts requires an in-depth understanding of contract law. Many individuals and businesses have begun using online contract services to save money. Unfortunately, these services don’t provide the same legal evaluation and experience as working with an attorney.

For over 125 years, the attorneys at Willcox, Buyck & Williams, P.A. have helped South Carolina businesses draft and negotiate effective, legally enforceable contracts. When you work with our attorneys, we will ensure your contracts comply with all applicable South Carolina and federal laws and regulations.

Contact an Experienced Contract Attorney in South Carolina

At Willcox, Buyck & Williams, P.A., our attorneys help South Carolina businesses navigate the complexities of contract law. We will answer your questions and work with you to draft an effective contract agreement that protects you and your rights. Don’t hesitate to contact Willcox, Buyck & Williams, P.A. to schedule a complimentary case evaluation.

Business partners in an argument

Dissolving a Business Partnership: Legal Steps and Considerations

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Dissolving a business partnership can be emotionally and financially painful. Some have even described the process as comparable to getting divorced. When individuals form a business partnership, they usually agree on all the major business issues. Partners may not anticipate the partnership breaking down because they’re on the same page when it begins. 

Unfortunately, business relationships deteriorate more frequently than many of us realize. Disputes between the partners can arise, the business circumstances could change, or one partner may decide to leave or retire. Dissolving a business partnership can be a complicated legal process, and understanding the steps in the process can help you navigate it effectively.

1. Carefully Consider the Partnership Agreement

If you are considering dissolving your partnership or you’ve already begun the process, considering your partnership agreement is an essential first step. Ideally, you will have started your partnership by drafting and signing a written partnership agreement. The partnership agreement should include a clear exit strategy detailing the procedures each partner needs to follow to dissolve the partnership. 

The agreement should also address issues such as handling existing customers, which partner should keep which business assets, and what will happen to the commercial property. If you have an LLC, you should review your operating agreement. An attorney can help you understand your obligations under your contractual agreements.

2. Try to Resolve Disputes Effectively

Tensions can be high when navigating disputes between business partners. You may think litigation is inevitable because you cannot resolve your disagreements. However, in many cases, partners can resolve their disputes out of court. Negotiating an amicable resolution through mediation or arbitration may save you significant money and protect your personal and business reputation.

3. Consider Your Ideal Outcome and Work Toward It

As you begin the negotiation process, having your ideal outcome in mind is essential. What would you like to happen at the end of the dissolution process? Write down your goals and then discuss your desired outcomes with your business partner. Instead of trying to sabotage each other, you can work towards reaching your future goals.

4. Consider Your Current and Future Customers

Keep sight of the needs of your customers or patients, especially if you are in a contentious dispute with your business partner. Your professional reputation will be on the line. If the disagreement leads to clients feeling like they’re being treated poorly or neglected, even if you don’t intend to do so, your prospects in your industry could be damaged. Maintaining professionalism and working toward the goal of dissolving the partnership as amicably as possible may help you retain customers in the future.

5. Consult with an Experienced Attorney

Dissolving a business partnership can significantly impact you personally and as a business owner. Working with an experienced attorney can help you protect your rights as you move through the process. 

The South Carolina business Attorneys at Willcox, Buyck & Williams, P.A. are here to provide you with experienced legal counsel. We will help you understand your options and work with you to ensure you dissolve your partnership properly. We will work diligently to resolve your partnership’s dissolution amicably.  

When necessary, our experienced litigators are prepared to represent you in court. If you are going through the dissolution of a business partnership, don’t hesitate to contact Willcox, Buyck & Williams, P.A. to schedule an initial consultation with one of our skilled attorneys.

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Do Uber & Lyft Have Driving Hour Limits?

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Rideshare companies like Uber and Lyft are popular throughout South Carolina. They provide a convenient alternative to public transportation and taxis. However, rideshare drivers may put profits over safe driving practices, including driving while they are fatigued or drowsy. Our South Carolina personal injury lawyer discusses driving hour limits for Uber and Lyft drivers in this blog and what you should do if you are involved in a rideshare accident.

What Are the Driving Hour Limits for Uber and Lyft Drivers?

Both rideshare companies have instituted driving hour limits for their drivers. According to Lyft’s driving requirements, drivers must take an uninterrupted six-hour break every 12 hours they are in driver mode. The 12 hours do not have to be consecutive to require the six-hour break. The system prevents the driver from going back online to accept rides for six hours.

Uber introduced a similar driving hours limit in 2018. After spending 10 hours “on trip,” the app notifies the driver they must take a six-hour break. The driver must be offline for a full six hours before the “on-trip” time limit resets. During the six hours, the driver cannot receive new trip requests. The “on trip” timer resets whenever the driver takes a six-hour break. 

The Dangers of Drowsy Driving in South Carolina

Being drowsy behind the wheel causes drivers to be less responsive to driving conditions. Therefore, the risk of crashing increases. Drowsiness can cause drivers to pay less attention to the road. It also impacts a driver’s capability to make good driving decisions and slows reaction time. 

A CDC survey found that 1 in 25 adult drivers admitted to falling asleep while driving in the past 30 days. People at greater risk of drowsy driving include:

  • Anyone who does not get enough sleep
  • Teens and young adult drivers
  • Individuals who work night or swing shifts
  • People with untreated sleep disorders
  • Commercial truck drivers
  • Individuals who take medications that cause drowsiness

Rideshare drivers may be susceptible to drowsy driving if they drive long hours without breaks. Also, many rideshare drivers have full or part-time jobs other than driving for Lyft or Uber. Therefore, they may not sleep enough because they work two jobs.

What Should You Do if You Are Involved in a Rideshare Accident in South Carolina?

If you are involved in an Uber or Lyft accident, steps to take include:

  • Seek emergency assistance by calling 911 to report the accident to the police and EMS
  • Gather evidence by taking photographs and making a video of the accident scene
  • Talk with witnesses to get their names and contact information
  • Do not discuss the circumstances of the accident with anyone at the accident scene other than a police officer
  • Do not admit fault for the cause of the crash or imply you could be partially to blame
  • Report the accident to Uber or Lyft through the app
  • Seek immediate medical treatment for your injuries

Consult a South Carolina rideshare accident attorney as soon as possible. Rideshare accidents can be complicated and involve multiple parties and insurance companies. You may have multiple claims for injuries and damages from an Uber or Lyft accident. 

Contact Us for a Free Consultation With a South Carolina Personal Injury Attorney

Uber and Lyft accidents can be complicated car accident cases. Our South Carolina personal injury attorneys at Willcox, Buyck & Williams, P.A. have experience handling these types of cases. Call now for a free case evaluation from an experienced car accident lawyer.

icy road surface and car tire

9 Facts You Should Know About Winter Car Crashes

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Winter months bring the joy of holidays spent with family and friends. Unfortunately, this time is also marked by often deadly road conditions. Inclement weather, reduced visibility, and icy roads significantly increase the likelihood of vehicular accidents. Despite its milder winters compared to other states, South Carolina is not immune to these risks. Understanding the causes, effects, and preventive measures for winter car crashes can help you stay safe during these challenging months.

Moreover, should you or a loved one fall victim to a winter weather car crash, seeking assistance from experienced South Carolina car accident attorneys is crucial. They can guide you through the legal intricacies while helping you secure the compensation you deserve.

Let’s explore some critical facts about winter weather car crashes and how to mitigate their risks.

Understanding Winter Weather Car Crashes: The Statistics

To fully grasp the gravity of winter weather car crashes, it’s necessary to review some hard-hitting statistics:

  1. Federal Highway Administration (FHWA) data reveals that icy or snowy roads lead to over 1,300 fatal accidents annually.
  2. The FHWA also found that injuries resulting from accidents on snowy, slushy, and icy roads can be more severe, affecting more than 116,000 people each year.
  3. Even if precipitation doesn’t accumulate on roads, it can still cause accidents. Approximately 76,000 people annually are injured when snow or sleet are falling.
  4. Precipitation, whether in the form of rain, sleet, or snow, also increases the risk of fatalities. Nearly 900 people lose their lives each year in traffic accidents that occur during snow or sleet.
  5. According to the U.S. Department of Transportation, nearly 70% of U.S. public roads are in regions that receive at least five inches of average snowfall each year. More than two-thirds of U.S. residents are likely to drive in snowy conditions each year.
  6. Weather-related conditions contribute to more than one in five traffic accidents each year, amounting to almost 1,235,000 accidents.

The Most Dangerous States for Winter Weather Car Crashes

While winter weather car crashes can occur anywhere, certain states bear a higher risk. Based on data from various government agencies and research institutions, the following states have been found to be particularly prone to winter weather car crashes:

  1. Michigan: With an average annual snowfall of 50 inches, Michigan has seen more than 300 annual driving fatalities during winter months in recent years.
  2. Wyoming: Despite its sparse population, Wyoming ranks as the worst state for fatal crashes caused by snow and sleet. The state’s challenging terrain and heavy snowfall contribute to this alarming statistic.
  3. Ohio: Ohio is known for having the most deaths from winter driving each year, averaging around 86 deaths per year.

Preparing for Winter Road Conditions: Top Recommendations

Preparation is key to reducing the risks posed by winter road conditions. Here are some tips to help you safely navigate snowy and icy roads:

  1. Check Your Vehicle: Before setting out, ensure your car is in good condition. Check your tires, brakes, lights, windshield wipers, and battery. Ensure your vehicle’s defrost system is functioning properly.
  2. Slow Down: Lower your speed when driving in winter weather. Maintain a reasonable distance from the vehicle in front of you to allow for safe braking.
  3. Avoid Sudden Movements: Avoid abrupt steering or acceleration, which could cause your vehicle to skid on slick roads.
  4. Stay Vigilant: Keep distractions to a minimum and stay alert to the road conditions and the behavior of other drivers.
  5. Avoid Cruise Control: Using cruise control on icy or snow-covered roads can lead to loss of control over your vehicle.

Turning to South Carolina Car Accident Attorneys

While winter weather car crashes are a significant concern, understanding the risks and taking appropriate precautions can help tremendously. Should you find yourself in an unfortunate situation, remember that South Carolina car accident attorneys stand ready to provide the assistance and representation you need.

Remember, your safety is paramount. Always prioritize it over any other concerns. Winter conditions can be challenging, but with the right knowledge and preparation, you can successfully navigate through them.

If you or a loved one has been involved in a winter weather car crash, it’s crucial to consult with competent South Carolina car accident attorneys. Our experienced team can provide invaluable advice, help you determine the best course of action, and fight diligently to recover the financial compensation you are owed. Contact our office today for a free consult.

Business partners yelling across the table

Defending Your Company From Unfair Competition (Slander/False Accusations)

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You’ve worked hard to build your company. Deceptive and wrongful business practices can cause economic injury to your business. The law of unfair competition protects companies from fraudulent, deceptive, and unfair business practices. Companies can recover losses resulting from these practices. 

Our experienced South Carolina business attorneys handle complex business tort cases like unfair competition claims. We are seasoned trial lawyers with extensive experience litigating business torts to protect our clients’ business interests. If your company has been damaged because of slander, false allegations, or other deceptive business practices, contact our office to speak with an attorney. 

Understanding Unfair Competition

Unfair competition can crush a small business, making it impossible for the business to compete in the marketplace. Companies engage in many forms of unfair competition, including trademark infringement, fraud, interference with business relationships, and theft of trade secrets.

Slander and false accusations are another form of unfair competition. Defamation is false communications about your business that are likely to result in damage to your business’s reputation and economic loss. Slander is a type of defamation that occurs when someone makes false statements with malicious intent to cause harm to your business. For example, your competitor creates negative reviews about your company online or tells people your company is being investigated for defective products. 

The South Carolina Unfair Trade Practices Act gives businesses a framework for bringing action against companies and individuals who use slander and false accusations as unfair methods of competition. However, these claims are complex and require an experienced business defamation lawyer to handle the case. 

Identifying Slander and False Accusations

A defamatory statement is a false allegation that can severely disrupt business. The elements of slander and false accusations are:

  • A person or company made a false statement about your business
  • The statement was spoken or written to a third party
  • The party acted with negligence or intent to harm
  • The statement damaged your business

There is a difference between legitimate competition and unfair practices. Companies make statements to convince consumers to use their services or purchase their products. However, when a company fails to verify statements and accusations as accurate, they could be negligent. Likewise, intentionally making false accusations to hurt a company reveals malice and aforethought. 

Legal Remedies for Allegations of Unfair Competition 

Slander and false accusations against your company can damage your reputation, decrease your customer base, discourage new customers, lower employee morale, and decrease your bottom line. You have the right to file a lawsuit seeking compensation for damages and other remedies. Damages a business could recover from unfair competition include:

  • Injunctive relief to stop the party from continuing to make defamatory and slanderous statements
  • Compensatory damages for actual losses 
  • Attorney’s fees and expenses for the filing of the action

The court may also award treble damages if the party willfully and knowingly violated the law by making statements to harm your business intentionally. 

Preventative Measures for Businesses

It can be difficult to prevent unfair competition because you cannot control what another company or person says or does. A company can use contracts to prevent unfair competition by including non-disclosure clauses and confidentiality agreements. However, these contracts only apply to vendors, employees, and third parties engaging with the company. 

A company can try to protect itself from accusations of wrongdoing by never misleading customers, misrepresenting a product or service, making false guarantees, engaging in price switching, or concealing pertinent information. However, the best way to protect your company from unfair competition is to retain a South Carolina business lawyer as soon as you suspect wrongdoing or fraudulent behavior. The sooner you stop unfair competition, the less your business may suffer. 

Contact Us for a Free Consultation With a South Carolina Business Attorney

The best way to protect your business from slander and false accusations is with the help of an experienced South Carolina business attorney. At Willcox, Buyck & Williams, PA, our legal team fiercely defends you and your company against unfair competition. We pursue claims against the responsible parties to recover compensation for the damages and losses your business sustained. Schedule a consultation today to discuss how we can help you protect the business you’ve worked hard to establish.

Empty crosswalk in road

What to Do if You’ve Been a Victim of a Pedestrian Accident

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Pedestrian accidents have been on the rise for decades. The Governors Highway Safety Administration (GHSA) estimates that 7,508 pedestrians were killed in 2022, the highest number since 1981. From 2010 to 2021, pedestrian traffic deaths increased by 77%, while all other traffic deaths only increased by 25%. Thousands of people are treated for non-fatal pedestrian accident injuries each year. 

Our South Carolina personal injury attorneys discuss what to do if you or a loved one has been injured in a pedestrian accident.

Immediate Steps After a Pedestrian Accident

The moments following a pedestrian accident are chaotic. If you or a loved one are injured in a crash with a vehicle, call 911 to report the accident and request emergency medical services. The 911 operator will also dispatch police officers to the accident scene.

Do not discuss the accident with bystanders other than to ask them for their names and contact information. You do not want to say something that could be construed as admitting fault. If you can, and it is safe for you to do so, take pictures and make a video of the accident scene.

Seek immediate medical treatment for your injuries. Delays in medical care could reduce the chance of making a full recovery. It could also create problems for a personal injury claim and make it more challenging to recover compensation for your injuries and damages. 

Understanding Your Rights

Drivers in South Carolina have a duty of care to avoid a collision with a pedestrian. However, pedestrians must follow all traffic control devices and obey pedestrian laws.

South Carolina is an at-fault state. If a driver hits a pedestrian, the driver can be held liable for damages. Pedestrians can recover compensation for their economic and non-economic damages. Damages in a pedestrian accident include:

  • Past and future medical bills
  • Impairments and disabilities
  • Lost wages and reduction in earning capacity
  • Pain and suffering
  • Scarring and disfigurement
  • Out-of-pocket expenses
  • Emotional distress and mental anguish
  • Loss of enjoyment of life and diminished quality of life
  • Long-term personal and/or nursing care

Before you can recover compensation for a pedestrian accident claim, you must prove the driver was negligent or intentionally caused the accident. 

The Role of a Personal Injury Attorney

Proving fault for a pedestrian accident might not be simple. The insurance company for the driver may fight the claim. It might try to blame you for causing the accident or contributing to the cause of your injuries. 

A personal injury lawyer investigates how the crash occurred. They gather evidence proving causation, fault, and damages – the elements you need to prove to win a pedestrian accident claim. A pedestrian accident attorney also handles the insurance company and files a lawsuit to protect your rights when necessary. 

Navigating the Claims Process

Most pedestrian accident claims begin with filing an insurance claim with the driver’s insurance provider. The company assigns an insurance adjuster to investigate the claim to determine if the insured driver caused the accident. The adjuster works for the insurance claim and gathers evidence to protect the company from liability.

Therefore, it is best to allow your lawyer to handle all matters related to the insurance claim. Adjusters often try to get accident victims to say something that could be twisted to suggest the victim was partially to blame for causing the accident. If you are partially to blame, you will not receive the total amount of your damages, and you could even lose the right to receive any money for your claim. 

Once you complete medical treatment, your lawyer prepares a settlement demand package outlining your injuries and damages, the legal basis for a personal injury claim, and a demand for settlement. Your attorney negotiates with the insurance company for a fair settlement. If the company disputes liability or challenges damages, your attorney files a lawsuit and takes the case to court. Even if your attorney files a lawsuit, your case could be settled before trial. 

Contact Us for a Free Consultation With a South Carolina Personal Injury Lawyer 

You deserve compensation for the pain, suffering, and financial losses caused by a negligent driver. Our South Carolina pedestrian accident lawyers at Willcox, Buyck & Williams, PA, can help you recover a fair settlement amount. Contact our law office today to schedule a free case evaluation to discuss your situation with an attorney.

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What Are the Components of a Product Liability Claim?

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Product liability refers to the legal responsibility of a manufacturer and/or other parties for damages caused by a defective product. Filing a product liability claim is the first step in seeking compensation for injuries caused by a defective or dangerous product. Our South Carolina personal injury attorney discussed the components of a product liability claim in this blog, including the damages you can receive for a claim. 

What Are the Elements of a Product Liability Claim in South Carolina?

South Carolina law holds sellers and other parties liable when they manufacture and sell dangerous or defective products that cause injuries or harm to consumers. As the injured party, you must prove the legal elements of a product liability claim by a preponderance of the evidence. 

You can sue a party for product liability under general negligence, strict liability, or breach of warrant. Negligence claims require that you prove the party failed to meet the standard of care required under the reasonable standard. The reasonable standard is what a reasonably prudent party would have done in a similar situation. 

Additionally, negligence claims require that you prove the manufacturer, designer, or other party knew or should have known the product was defective or unreasonably dangerous. However, they distributed the product without taking any corrective action. On the other hand, breach of warranty and strict liability claims do not require you to prove negligence. 

Regardless of the cause of action used to sue for injuries caused by a defective product, you must prove the following components of a product liability claim:

  • The product was unreasonably dangerous and defective;
  • The defect existed when the product was in the control of the seller, manufacturer, or designer;
  • The product was not modified after leaving their control;
  • The product was being used for its intended purpose; and,
  • The defective was the proximate cause of the victim’s injuries.

Proving liability for a product liability claim can be challenging. A product liability lawyer may consult experts to gather evidence proving a product was defective, and the defect caused your injury. 

What Damages Can I Receive for a Product Liability Claim in South Carolina?

Injured victims can recover compensation for their economic damages (monetary losses) and non-economic damages (pain and suffering). Examples of damages for a defective product claim include:

  • Medical bills and expenses
  • Pain and suffering from mental anguish, physical injuries, and emotional distress
  • Lost wages and benefits
  • Diminished quality of life
  • Out-of-pocket expenses
  • Loss of enjoyment of life
  • Impairments, disabilities, scarring, and disfigurement
  • Reduction in earning capacity

Carefully documenting damages increases the value of your claim. Other factors impact how much a product liability case is worth, including the severity of your injuries, the strength of the evidence proving liability, and the parties involved in the case. Our attorneys work to maximize the value of damages to recover a fair settlement or jury verdict for your case. 

Schedule a Free Consultation With our South Carolina Personal Injury Attorney 

If a defective product injured you, you could be entitled to compensation for your injuries. Contact Willcox, Buyck & Williams, PA, to schedule a free case evaluation with an experienced South Carolina product liability attorney. Our legal team has extensive experience handling defective product claims. We will help you seek the maximum compensation available for your claim.

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Rectifying a Case in Breach of Fiduciary Duty

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A fiduciary owes a duty of care to someone to act in their best interests to benefit them financially. Fiduciary relationships are common in business. A business relationship can create a fiduciary duty to act with full disclosure, fair dealing, and good faith. A party may owe the other party the duty to act with loyalty and confidentiality. Our South Carolina business attorney discusses how parties breach their fiduciary duty and how you can rectify a breach of fiduciary duty.

Examples of Breaches of Fiduciary Duty in South Carolina 

Many business relationships create a fiduciary duty. Examples of parties who may have a fiduciary duty include:

  • Accountants 
  • Employees
  • Guardian or conservator
  • Personal representative 
  • Attorney
  • Trustee
  • Power of attorney 
  • Corporate officer
  • Principals 

A fiduciary is held to the highest standard of conduct when executing their duties. They must act in good faith to do what is in the other party’s best interest. The fiduciary must keep the party’s money and property separate from the fiduciary’s assets. They must also keep accurate and complete records and work to manage the person’s property with care.

Examples of breaches of the fiduciary duty include:

  • Failing to disclose relevant facts and information 
  • Acting in the best interest of a competitor adverse party
  • Denying access to documents by shareholders, clients, or partners
  • Sharing trade secrets and confidential information 
  • Failing to disclose a conflict of interest
  • Acting in the fiduciary’s best interest and/or making side deals
  • Embezzling money from a trust, estate, or client account
  • Negligent management of assets and income 
  • Failing to keep accurate books and records
  • Exposing a partnership to liability because of malfeasance or negligence 
  • Failing to follow the terms of a trust or a Will

The above list is not an exhaustive list of the ways a fiduciary could breach their duty of care. Breaches of fiduciary duty occur in many ways. If you believe a fiduciary breached their duty of care, talk with a lawyer as soon as possible about rectifying a case of breach of fiduciary duty.

What Should I Do if I Suspect a Breach of Fiduciary Duty?

If you believe a person of trust has breached the fiduciary duty they owe to you, investigate the matter immediately. Gather as much information and documentation as you can regarding the matter. Then, seek legal advice from a South Carolina business attorney.

Your attorney may advise you to take one or more actions to protect your best interests and rectify the breach of fiduciary duty. For example, suppose an employee breaches their fiduciary duty. In that case, your attorney may advise you to terminate the employment and take steps to mitigate the damages caused by the breach of duty.

You may need to file a lawsuit to rectify a breach of fiduciary duty. Generally, you have three years to file a lawsuit under South Carolina law. However, you should not wait to consult an attorney. Your lawyer will need to gather evidence proving you had a fiduciary relationship, the other party breached their duty, and you sustained damages because of the breach. 

Schedule a Free Consultation With Our South Carolina Business Attorney 

It can be financially and emotionally devastating if you trust another party and they breach their fiduciary duty. Contact our South Carolina business attorney to discuss how you can rectify a breach of fiduciary duty. You may be entitled to compensation for your damages and financial losses.