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Home Inspection Worthless in Injury Claims

We’ve said it throughout our 11 years practicing personal injury and construction defect law: the home inspection report homebuyers receive is not worth the paper it’s printed on. So frequently our homeowner clients grasp the worthlessness of the home inspection only after it’s too late: a client buys a house, moves in, and promptly discovers that an entire side of the house has been eaten up by termites; a client buys a house, moves in, finds a leaking window the inspector missed, and finds himself plunking down six figures to replace all of the substandard, improperly installed windows in the …

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A New Low: Trucking Industry Seeks Government Handouts to Boost Profits Over Safety

The transportation industry is hitting new lows of shamelessness in placing profits above the safety of the motoring public. Charleston tucking injury lawyer Ben Traywick has published work for the South Carolina Association for Justice which outlines the industry’s lobbying efforts to roll back age minimums for drivers of tractor trailers, 18-wheelers, dump trucks, cement mixers, and other commercial motor vehicles.  The reason given by the industry? Affordably delivering products to consumers. The actual reason? They do not wish to pay the good money it takes to hire a safe, experienced driver, i.e. the kind of driver who is unlikely …

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Teen Truck Drivers to Add Injury Risk to Highways

“TEEN TRUCKERS, COMING TO AN INTERSTATE NEAR YOU.” Year-end Congressional action confirms the accuracy of this unsettling headline. Following a ten-year decline in the number of heavy trucks involved in fatal crashes each year nationwide, the rate of these horrific traffic calamities ticked up in 2011/2012. And it ticked up again in 2012/2013.  Data for the two-year period reported by the Federal Motor Carrier Safety Administration (FMCSA) sets the aggregate increase at a healthy 7%. Lawyers are inquisitive, rightly, and upon considering these data a natural “lies, damned lies, statistics” query arises in the critically thinking mind: did the number …

Credit Score Wrongly Trashed? Fair Credit Reporting Act Can Help.

When firm principal Ben Traywick first became aware that he had something called a “credit score,” he felt pleased and grown up: imagine an 18-year-old with his very own credit score! When, shortly after leaving Charleston to go to USC for college, Ben learned that his credit score was subject to manipulation by companies he’d never heard of, he was outraged: how can someone I don’t even know mess with my credit score? The truth, of course, is that one’s credit score is not his or her own. In fact, from the perspective of the people who make money off the existence …

Nursing Home Arbitration, a Political Football, is (or should be) a Big Deal to South Carolina Families

You may have read that CMS, the agency that administers Medicare, has proposed a rule that would prevent nursing home operators who receive payment via Medicare (which is virtually all of them) from inserting arbitration agreements into contracts with residents. A full description of the rule can be found here. Nursing home operators—which are publicly-traded corporations these days, much more so than the non-profit religious, charitable and community organizations who traditionally ran these facilities—are predictably unhappy with the rules change: by including an arbitration clause deep in a 50-page residency agreement, they avoid ever having to face a jury when …