South Carolina Injury Law Journal - Anderson and Greenville Lawyer & Attorney Workers' Compensation Cases, Product Liability Lawsuits, and Accidents

Driving from Greenville, South Carolina to Anderson, South Carolina every day for work, you tend to notice the regular cars you pass, things going on along the interstate, and creative billboards.  Trust me, I knew when the Motivational Seminars were coming into town, southbound and northbound.

A billboard that made its point today gave me cause to pull over and take a picture. It reads:

 "Stop texting! You almost hit my client. i85lawyers.com."

For all the bad things you hear about lawyer advertising at least this crowd is trying to get its point across to the drivers speeding by at 80mph+  on Interstate 85 (ironically this billboard is right past the 65mph speed limit sign southbound past Exit 35). 

More preventative measures need to be taken so that lawyers and insurance companies don't have to be involved because that means someone is injured or dead. I like my job but I will be successful at whatever, I do. Right now it just so happens to be that I fight for the individual against the faceless insurance company. Maybe with personal injury attorneys turning toward preventative messages and minimizing carelessness on the roadways we are headed for Utopia.

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South Carolina dog bite law adheres to strict liability when it comes to dogs biting or harming people, S.C. Code Ann. § 47-3-110:. The only defense would be if the dog was provoked in some way by the person that it attacked.

Recently the South Carolina Supreme Court rendered an opinion that helps in better illustrating the specific phrase of the dog bite law, "other person having the dog in his care or keeping." In Clea v. Odom Opinion No. 27029, the court determined that claims for strict liability and common law negligence could move forward against the landlord for a tenant's dog that attacked a child in the common area of the apartment complex. Citing Harris v. Anderson County Sheriff's Office, 381 S.C. 357, 364, 673 S.E.2d 423, 427 (2009) the court stated, the presence or absence of a duty determines liability in situations that involve a statutory claim against a person having the dog in his care or keeping.  Id. at 365, 673 S.E.2d at 427.  There are three scenarios under § 47-3-110 when the attack is unprovoked and the injured party is lawfully on the premises:

First, the dog owner is strictly liable and common law principles are not implicated.  Second, a property owner is liable when he exercises control over, and assumes responsibility for, the care and keeping of the dog.  Third, a property owner is not liable under the statute when he has no control of the premises and provides no care or keeping of the dog.

Although each set of facts in a case are unique to that particular case, the SC Supreme Court helps limit the dark corners for the at fault owner or keeper's liability insurance company to hide.

 If you know liability insurance companies trying to hide from their duties to pay a fair and reasonable amount for the negligence of their insured, let me know.

RELATED ARTICLES:

Dogs Bite, Owners Pay: South Carolina Dog Bite Law

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If 100 people were polled about the the most important aspect of their insurance company, sadly 90 percent would say the cost, or price.  Yet, what good is paying insurance premiums if you are never going to be able to have peace of mind in the time you are in need of that insurance coverage? What? You never thought about actually having to use that insurance coverage?  

Automobile insurance is mandated by most states, homeowners and property insurance is mandated by most mortgaged backed lien holders. When your life insurance policy goes into effect you won't have to worry because you're dead but wouldn't it be comforting in your final days to know that your family will have no additional worries or hassles?

Then do your homework or just Google the insurance company you are thinking about engaging in coverage of your most valuable assets-you and your family! My friends ask me all the time what are the best insurance companies on my end to deal with. Of course I am jaded and cynical but there are those insurance companies that are fair and equitable. There are more that are inequitable and immoral but those are easy to find in an Internet search. Try Googling  "Allstate sucks" to see what comes up.

Chubb Insurance started a recent advertising campaign entitled,  "Who insures you doesn't matter. Until it does."  Chubb states the reason for this advertisement campaign:

A new corporate print advertising campaign reminds commercial and personal insurance purchasers and their agents and brokers that an insurer is only as good as its financial strength and its willingness to pay its claims in a fair, prompt and hassle-free manner.

The reason this campaign caught my attention in a recent magazine was not the headline but the photos. I have posted links to two of my favorite photos from their advertisements below. 

Be in the 90% of people that talk about insurance costs, not in monetary value, but intrinsic value that go much further in your time of need.

1.  Picnic with bull;
2. Golfing with alligator;

Related Articles:

South Carolina's Top Three Automobile Insurance Companies;

Nationwide Is Not On Your Side: Marketing Jingles are Flashy, Fictional, & Frustrating;

Would You Take Advice from the Devil on How to Get to Heaven?: Insurance Company Lies; and

Allstate Policy Holders and Victims Should Know They Are Not in Good Hands.

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On Saturday, July 30, 2011, a driver of a northbound 18 wheeler apparently fell asleep at the wheel causing his large tractor trailer to cross the median and run head on in to another semi-trailer traveling southbound on I-85 in Anderson, South Carolina.  After the two 18 wheelers collided, the southbound semi-trailer's back end jack knifed and collided with an SUV towing a boat.  Unfortunately, the drivers of the SUV and 18 wheelers were killed in the collision. Anderson Independent and Channel 7 News reported on this collision  shortly after it happened and provided on the scene video of the incident, detailing the carnage and wreckage at the sight. 

Channel 7 reports that the northbound tractor trailer driver that crossed over the median into the southbound traffic has been identified as 69-year-old Eddie Wyatt, of Rockmart, Georgia. It is believed from the Anderson County Coroner's Office  autopsy Monday that Mr. Wyatt did not have any health problems and most likely fell asleep at the wheel.

Additionally, the driver of the northbound tractor trailer has been identified as Clay Johnson, 38 of Charlotte, North Carolina.  The third victim, Jeremy Scott Wilson, 33 of Blacksburg, South Carolina, was driving the Toyota Tundra involved in the accident.  Medics airlifted two other people to Greenville Memorial, who were in the SUV. It was a couple from Simpsonville Chris Schulve is listed in good condition at Greenville Memorial and his wife has already been released. 

Driving interstate 85 every day from Greenville to Anderson for my daily commute to Trammell Law Firm, P.A., I can personally attest to the massive amounts of unpredictable traffic. You never can predict the actions of others but always be alert to others around you. 

Anderson Independent published the picture below, video and story entitled, "Three Killed in Accident on Interstate 85"

 Please Click on the link below for the video:

http://www.independentmail.com/videos/detail/three-die-in-head-on-i-85-truck-collision/

RELATED ARTICLES

"Wrecking" Havoc on Interstate 85 in Upstate South Carolina

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