South Carolina Personal Injury Law Blog

State Farm Accused of Racketeering

In a lawsuit filed last week, a group of Mississippi homeowners accused State Farm Fire & Casualty Co. of a “pattern of racketeering” in the handling of claims related to Hurricane Katrina.  Attorneys for the homeowners claim that the insurer manipulated engineering reports in order to deny policyholder claims.  The use of the racketeering statute is a new tactic for attorneys pursuing Katrina-related claims against insurance companies. 

Source:  "Racketeering Alleged in Katrina Suit" by Michael Kunzelman, published in the Houston Chronicle.

Woman Files Lawsuit After Falling Into Open Grave

A federal judge has allowed an elderly woman to proceed with her lawsuit against a funeral home and the town of Highlands, NC. According to the lawsuit, she fell into a grave while attempting to place flowers on a friend's casket, and she sustained a broken hip in the fall.  The woman claims that the site was not safe for the June 2004 service, because workers did not dig the grave to the proper size, cover the opening with plywood, or warn people of the danger. 

Source:  "Woman Sues After Falling Into Open Grave" published in the Boston Globe.

Conversion

Conversion is an intentional interference with another’s possession or ownership of property that is significant enough such that the interfering party is required to pay for the property’s full value.  For example, assume that a friend borrows your lawnmower but never returns it despite your requests. The friend will be liable to pay damages to you under the theory of conversion. Note that this is a civil remedy which differs from any penalty imposed upon the friend under the criminal law of theft.

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.

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.

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.