South Carolina Personal Injury Law Blog

FTC Reports ID Theft Is Once Against Most Common Complaint

According to the Federal Trade Commission, more than 670,000 cases of fraud and identity theft were reported in 2006. In seven consecutive years, identity theft continues to be the most common complaint. Last year, the problem cost consumers nearly $1.2 billion. 

Source:  "670,000 Identity Theft, Fraud Cases in 2006" published in the Los Angeles Times.   

Trespass to Chattel

"Chattel" refers to items of personal property such as a car, pet or jewelry. A wrongdoer commits trespass to chattel if he or she intentionally possesses someone else's property without their consent--even if only for a brief period of time. Courts require that some sort of actual harm results from the trespass to chattel.  For example, if you take your friend's new car for a joy ride without his authorization and during the course of your ride you dent the back fender, you have committed a trespass to chattel.

At Stevens - MacPhail, P.A., we strive to obtain fair and just compensation for our clients' injuries.  Using our experience and the extensive resources available to us, we focus on achieving the best possible recovery for our clients.  In all matters involving personal injury it is essential that measures be taken promptly to preserve evidence, investigate the accident in question, and to file a lawsuit prior to the deadline imposed by the statute of limitations.

If you or a loved one has been injured, you can call Stevens - MacPhail, P.A. at (800) 897-8856 or (864) 598-9172 or e-mail us to schedule a meeting.  The initial consultation is free of charge, and if we agree to accept your case, we work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds.  Don’t delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.

Peanut Butter Recalled Due to Salmonella Risk

As has been widely reported, ConAgra Foods, Inc., has recalled Peter Pan and certain batches of Wal-Mart's Great Value house brand peanut butter after it was linked by federal officials to nearly 300 cases of salmonella in 39 states.

Dirty jars or equipment at the plant of the manufacturer, ConAgra Foods Inc, are susected as the culprit in the outbreak.  Shoppers across the country were warned to throw out jars with a product code on the lid beginning with "2111," which denotes the plant where it was made.

Salmonella is group of bacteria that cause typhoid fever and a number of other illnesses, including food poisoning, gastroenteritis and enteric fever from contaminated food products. The bacteria can cause stomach pain, nausea, vomiting, diarrhea, headache, fever and chills. It can attack in as little time as 6 to 7 hours or take as long as 3 days. It seldom causes death and can be cured with antibiotics.

Source:  "Bad Peanut Butter from Peter Pan" by Ben Glass, published at his Northern Virginia Personal Injury Lawyer blog.

Jury Finds School District Liable for Young Girl's Death

A family in CA was awarded $10.3 million in damages for the death of their 6-year-old girl who was struck and killed by a van in her school's parking lot. The Los Angeles Unified School District and the driver of the van were held liable for her death. The jury also found that the district was aware of the parking lot's dangerous conditions prior to the accident. 

Source:  "Jury Orders L.A. Unified to Pay $10.3 Million in Child's Death" by Charles Proctor, published in the Los Angeles Times.

Newer Contraceptives Double Risk of Fatal Blood Clots

The Public Citizen's Health Research Group reported that "third generation" birth-control pills containing synthetic progestin have an increased risk of blood clots and do not prevent pregnancy any more effectively than older contraceptives do. According to the group's director, the U.S. Food and Drug Administration has been aware of the risks since 1995. The group filed a petition with the FDA to ban these contraceptives. 

Source:  "Some Contraceptives May Cause Blood Clots: Petition" published in Forbes.

Trespass

The law recognizes that owners of property have inherent rights, perhaps the most important being the right to the "exclusive" use of their property. A defendant will be liable for trespass if he or she enters the plaintiff's property without the plaintiff's consent and interferes with the landowner's exclusive right to use the land.

As generally used, "trespass" occurs when either:

1. a person intentionally enters another’s land, without permission;
2. a person remains on another’s land without the continued permission to be there, even if he entered rightfully; or
3. a person puts an object on (or refuses to remove an object from) another’s land without permission.

Note that the term "trespass" refers only to intentional interference with another’s interest in property. If one accidentally enters another’s land, this is generally not trespass.

For example, a burglar who intentionally enters someone's home commits trespass. On the other hand, if you have an unexpected epileptic seizure while driving your car and end up driving across someone else's lawn and causing damage to the property, you are not liable for trespass.

At Stevens - MacPhail, P.A., we strive to obtain fair and just compensation for our clients' injuries.  Using our experience and the extensive resources available to us, we focus on achieving the best possible recovery for our clients.  In all matters involving personal injury it is essential that measures be taken promptly to preserve evidence, investigate the accident in question, and to file a lawsuit prior to the deadline imposed by the statute of limitations.

If you or a loved one has been injured, you can call Stevens - MacPhail, P.A. at (800) 897-8856 or (864) 598-9172 or e-mail us to schedule a meeting.  The initial consultation is free of charge, and if we agree to accept your case, we work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds.  Don’t delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.

Youth Suicide Rate Increases After Decade of Decline

The U.S. Centers for Disease Control and Prevention reports there has been a 18 percent increase in suicides in youths under age 20 from 2003 to 2004.  The increase coincided with the FDA's "black box" (strongest) warnings claiming antidepressants could cause suicidal behavior in children. Mental health experts blame the drop in use of antidepressant drugs for the increase in youth suicide rates.

Source:  "Youth Suicide Rate Up After Years of Decline" by Lindsey Tanner, published in The Seattle Times.

Fraud and Misrepresentation

Fraud occurs when someone intentionally makes false statements to induce another person to engage in certain conduct or give up something of value. For example, if a store sold you what they claimed was a diamond ring, and you later find out it is worthless cubic zirconium, you would have a claim of fraud against the store.

Misrepresentation occurs when one person makes a false statement (or impression) with the intent to deceive another person. The requirements to establish misrepresentation are similar to those required to establish fraud, and there are a number of elements that must be proven in order to recover damages in these types of cases.

At Stevens - MacPhail, P.A., we strive to obtain fair and just compensation for our clients' injuries.  Using our experience and the extensive resources available to us, we focus on achieving the best possible recovery for our clients.  In all matters involving personal injury it is essential that measures be taken promptly to preserve evidence, investigate the accident in question, and to file a lawsuit prior to the deadline imposed by the statute of limitations.

If you or a loved one has been injured, you can call Stevens - MacPhail, P.A. at (800) 897-8856 or (864) 598-9172 or e-mail us to schedule a meeting.  The initial consultation is free of charge, and if we agree to accept your case, we work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds.  Don’t delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.

Widow's Negligence Suit Against NFL May Proceed

The widow of former Minnesota Viking Korey Stringer, who died of heatstroke, may proceed with her lawsuit against the NFL and equipment maker Riddell Inc.  In her negligence lawsuit, she claims the defendants did not do enough to ensure the equipment protected players from injuries or death caused by heat-related illnesses. Her husband, a 335 lb lineman, died at the age of 27 after heat and humidity pushed his body temperature to 108.8 degrees. 

Source:  "Judge: Korey Stringer Lawsuit to Proceed" by Erica Ryan, published in the San Jose Mercury News.

Sprint Nextel Sued Over Deceptive Fee

Sprint Nextel Corp. allegedly defrauded its customers by charging them a 1 percent fee for a 0.7 percent business tax that doesn't go into effect until next year. The Texas attorney general claims the company violated state law by collecting more from their customers than the amount of tax the company will have to pay. The lawsuit seeks a court order that would require Sprint to stop imposing the fee and reimburse all customers who have paid it. 

Source:  "Sprint Sued; Fee Deemed 'Deceptive'" by April Castroe, published in the Austin American Statesman.