What are my rights during a police search in SC? There’s a lot of misinformation out there about when police need a search warrant and how you should interact with police if they ask to search you, your car, or your home with or without a warrant. Below, I’ll address...
Is there a spousal privilege in SC? There is, although it is not always helpful. Spousal privilege in SC used to be a common-law rule that prohibited calling a person as a witness against their husband or wife. Now, spousal privilege in SC is statutory – the statute...
Is the smell of marijuana probable cause in SC? As a court in New York noted earlier this year, the smell of marijuana is always probable cause to search and police often take advantage of this – routinely lying about the “overwhelming odor of marijuana” any time...
Does health insurance pay for auto accident injuries? If you are injured in an auto accident, your expenses may be piling up. Hospital bills, EMS bills, medical equipment, medication, and lost wages from the time you were unable to work are just a few examples. But...
Can a passenger sue after an auto accident? What if they were a passenger on a motorcycle? Who can a passenger sue? The driver of the car that they were in? The other driver? Does it matter who was at fault in the accident? When passengers in a car are injured after...
Does SC have strict liability for defective products? It’s reasonable for you to expect that, when you buy a product at the store, it will 1) work as intended and 2) not hurt you. When you bring home a product – whether it’s an appliance, computer, vape pen, or...
What is PIP insurance in SC? PIP insurance in SC, also called Medical Pay, or MedPay, provides additional coverage in the event of an accident, regardless of whether the accident was your fault. Although PIP insurance does not replace your recovery from the other...
Is “good character” evidence admissible in a criminal trial? Character evidence is admissible in a criminal trial, but the rules on character evidence are often misunderstood by prosecutors, defense attorneys, and judges. Can the defense introduce evidence of a...
Can I sue for a motorcycle accident if I wasn’t wearing a helmet? I mean, aren’t you just asking for a head injury if you don’t wear a helmet? Should the other driver be blamed for your decision not to wear a helmet? Didn’t you “assume the risk?” At a minimum,...
SC recognizes the torts of negligent infliction of emotional distress and intentional infliction of emotional distress, although they can be difficult cases to bring. When can a bystander sue for negligent infliction of emotional distress? What if the bystander is...