In most South Carolina child injury cases, we prove liability by showing:
- The at-fault party owed your child a duty of care. The duty of care is what a reasonable person would do in similar circumstances. For example, in cases involving motor vehicle accidents, the duty of care that an at-fault driver owed to children and others in the vicinity is to drive his or her vehicle safely and legally. A property owner in a premises liability case has a duty to keep his or her property free of dangerous features that could injure visitors.
- There was a breach in the duty of care. The breach is what the at-fault party did that violated the duty of care. Depending on the type of accident, the breach may involve risky driving behaviors, failure to promptly repair a property, or other negligent or reckless behaviors.
- This breach resulted in the accident that caused your child’s injury and subsequent out-of-pocket expenses and impacts on the child’s quality of life.