(803) 531-3888 | 149 Centre St, Orangeburg, SC 29115

Gerald Davis

Gerald Davis

 

   Gerald J. Davis is a trial attorney and Vietnam Veteran. He received his law degree from the University of South Carolina in 1997.Mr. Davis retired as a “State Trooper” from the State of South Carolina in 1994. During his tenure with the Highway Patrol, he investigated accidents and made arrests for various criminal and traffic violations. This valuable experience makes him uniquely qualified as a trial attorney to represent his clients with knowledge and skills gained from all sides of a wide spectrum of diverse issues.

The harmed party must first discover why the equipment was faulty. If "wear and tear" was the reason, then it is the employer’s liability. Employers have a legal responsibility to manage and inspect equipment correctly and declining to do so suggests they were possibly negligent.

Nevertheless, sometimes the equipment itself is faulty. Even with proper maintenance, the equipment faults due to a inadequate design or defective parts. In this instance, it is the manufacturer that can be held accountable.

Sometimes mishaps concerning equipment happen not because of the equipment itself, but because of the efforts of the equipment operator. If the worker knew that the equipment was defective, and proceeded to use it anyhow, that person could be held responsible. Even if the worker is the one injured, it is plausible for the liability to fall on that person. That is why it is necessary to get sound legal advice when handling an injury case involving defective equipment.

In multiple cases, there are two people that are held accountable. Both the employer and the manufacturer, for instance, can be held responsible. If the equipment was defective, the manufacturer is to blame, but if the employer chose to use it anyhow, they too are responsible.

Negligence and Fault Must Be Considered

In defective equipment cases, the main question is discovering what fault conclusively caused the mishap. Is the fault in the equipment, or in activities concerning the equipment? Did the fault come from the company or from how the equipment was managed at the site of employment? Then, after figuring out fault, the next problem lies in defining negligence. Did someone’s carelessness lead to the incident? Usually, asking these two major questions will undoubtedly show where the liability rests.

If you have any more questions about Work Place Injuries contact The Davis Law Firm at (803) 531-3888

When a man was robbed inside Central Market in Pennsylvania on Feb. 6, police asked him to describe the culprit the best he could. According to Local 21 News, the man described the robber as “as a man in his 30s who was 5-foot-4 and possibly South American or Asian.”

But the thing is, the man didn’t stop there. He provided his own sketch of the robber, which was actually a hilariously terrible drawing. The best part? Police were actually able to arrest the man because of the drawing.

Seriously, I can’t get over it. The drawing is so awful, and yet somehow so like the man. I can’t stop staring at the uncanny resemblance.

The sketch and mug shot have now gone viral, and people online can’t stop laughing about it (and tbh, same).

 Police in Louisiana say a woman came home to discover a naked stranger in her tub, eating her Cheetos while taking a bath, reports the AP. A Monroe police affidavit says 29-year-old Evelyn Washington was arrested on burglary and property damage charges. The Fort Worth Star-Telegram reports that Washington was "caught orange-handed with nowhere to run," and that a responding officer found "a full tub of water and a plate of food along with half eaten Cheetos belonging to the victim on the toilet next to the tub." Washington told the homeowner and police that an unknown male had told her to break into the house. Police found a tall ice chest under a broken window.

Tuesday, 02 October 2018 17:17

Workers Compensation

If you have been hurt at your job, workers' compensation laws allow you certain benefits. These benefits can involve reimbursement of medical bills, payment while you're incapable of work, rehabilitation, permanent partial disability privileges, or total disability privileges. Your employer's workers' compensation insurance is liable for paying these benefits.

Injuries usually covered by workers' compensation include:

1. Traumatic physical injuries
2. Work-related illnesses
3. Mental injuries
4. Repeated trauma injuries

If You've Been Hurt on the Job

If you're hurt while at work or generate a work-related disease, you should inform your employer as soon as possible. Deadlines will differ from state to state, but your eligibility to obtain benefits may be restricted if you wait to inform your employer.

Find out the name of your employer's workers' compensation insurance carrier. You should still get medical treatment and seek workers' compensation with or without this knowledge, but it may be simpler if you identify the name of the insurance carrier.

You should seek medical treatment for your injury immediately. Make sure to inform the doctor that your damage happened on the job or in relation to your job. Once you've got medical treatment for your injury or work-related disease, you should consider communicating with a workers' comp lawyer to assist in guiding you throughout the process of applying for workers' compensation.

After you've obtained medical treatment, make sure that you notify your employer, in writing, before the deadline to get workers' compensation benefits.

Types of Workers' Compensation Benefits

Workers compensation laws differ from state to state. A workers' compensation lawyer in your city should be able to describe to you the application process and the benefits you are entitled to.

If you get workers' compensation following an injury, you cannot sue your employer for extra payment in relationship with your injury. However, you may, be capable of filing a lawsuit against others involved. A workers' compensation attorney can inform you of your legal options.

  • A 34-year-old man was arrested after he stripped at a Planet Fitness gym in New Hampshire, New England Cable News reported Monday.
  • Police say Eric Stagno walked back and forth and started doing poses on a yoga mat before telling officers he thought he was in a "judgment-free zone," referring to Planet Fitness' slogan, according to the report.
  • Stagno is free on bail and is scheduled to be arraigned on September 21 in Plaistow District Court, NECN reported.
 

A 34-year-old man in New Hampshire apparently took Planet Fitness' description of itself as a "Judgment-Free Zone" a little too literally this week.

Eric Stagno has been charged with indecent exposure and disorderly conduct after witnesses say he stripped at a Planet Fitness in Plaistow, New Hampshire, New England Cable News reported Monday.

Police say he walked back and forth and started doing poses on a yoga mat before telling officers he thought he was in a "judgment-free zone," NECN reported.

"While we appreciate that Planet Fitness is known for our non-intimidating, welcoming environment, in this case, Mr. Stagno clearly took our Judgement Free Zone a little too far," a representative for Planet Fitness told Business Insider.

Stagno is free on bail and is scheduled to be arraigned on September 21 in Plaistow District Court, NECN reported. He did not immediately respond to Business Insider's request for comment.

 

South Carolina's Medical Malpractice Statute of Limitations

Anyone who desires to file a medical malpractice claim in South Carolina first should be conscious of the statute of limitations, which is a law that establishes a strict limit on the amount of time you have to get your case started in South Carolina's civil court system.

You can locate this law at South Carolina Code of Laws section 15-3-545, and it states that this type of case needs to be filed "within 3 years from the time of the treatment, omission, or operation giving origin to the cause of action or 3 years from time of discovery or when it reasonably should have been discovered, not to pass 6 years from time it happened."

In simpler terms, you must file the lawsuit inside 3 years of the date that you were actually harmed on or could have reasonably known that you were harmed on, the defendant's medical error. But when six years have passed, your right to file a medical malpractice lawsuit is no longer available in South Carolina, subject to a few rare exceptions.

The most popular exception to South Carolina's six-year rule is medical malpractice cases concerning "the placement and inadvertent, accidental, or unintentional leaving of a foreign object in the body," like a medical tool after surgery. In those rare cases, the lawsuit has to be filed inside of two years from the time on which the presence of the unknown object was detected, and the extended six-year deadline does not come into play.

If the lawsuit deadline has ended and you decide to try and file the complaint anyhow, you can almost, without doubt, count on the defendant asking the court to drop the case, and the court allowing the motion. If that occurs, that’s the conclusion of your lawsuit. That's why it's so essential to know and comply with the medical malpractice statute of limitations.

If you have any questions, contact The Davis Law Firm at (803) 531-3888.

Sunday, 23 September 2018 20:32

DUI In South Carolina

1ST Offense:
-Jail: 48 hours to 90 days
-Fines: $400 to $1000
-License Suspension: 6 months
-IID Required: no

2ND Offense:
-Jail: 5 days up to 3 years
-Fines: $2100 to $6500
-License Suspension: 1 year
-IID Required: yes

3RD Offense:
-Jail: 60 days to 5 years
-Fines: $3800 to $10000
-License Suspension: 2 years
-IID Required: yes

4TH Offense:
-Jail: 1 to 7 years
-Fines: up to $10000
License Suspension: Permanent
-IID Required: ----

Lookback Period: 10 years

Multiple convictions for drunk driving could also end in a court-ordered installation of an Ignition Interlock Device on your car at the convicted driver's expense. You could also be required to attend an alcohol or drug intervention program. The Department of Motor Vehicles will issue and publish the names of all motorists who have had their license suspended as a result of a DUI.

How much do you have to drink for a DUI in South Carolina (BAC*)?

-Under 21 : .02 %

-21 or older: .08 %

-Commercial: .04%


** BAC = blood alcohol content

What if you refuse to take a chemical test in South Carolina?

South Carolina has a suggested consent law. This implies that if you refused to submit to a substance test, you will be subjected to a fine and license suspension.

Refusal to take the test :

1ST Offense
6-month license suspension

2ND Offense
9-month license suspension

3rd Offense
1-year license suspension

Drinking and Driving Laws in South Carolina

It is illegal in the State of South Carolina to operate a motor vehicle with a blood alcohol concentration (*BAC) of .08 % or greater. The limit is lower for commercial drivers and drivers under the age of 21 (Legal Drinking Age). The .08 limit is the official measurement of the "impaired" driver in the United States. It is also illegal to operate a motor vehicle in the State of South Carolina under the influence of substances such as marijuana, cocaine, inhalants and other controlled substances.

 

Thursday, 20 September 2018 11:41

Why Are Criminal Law Lawyers So Important?

Criminal defense lawyers must serve those charged with crimes in court. Crimes can vary in severity from a misdemeanor up to a felony. Discipline can range from a minor fine to years in prison or even death.

Representation is essential for those charged with a crime. The U.S. Constitution declares that all citizens accused of a crime will be presented representation. If you have hired the assistance of a criminal law lawyer or are attempting to retain one, you should understand what services your lawyer should be able to perform.

Why are Criminal Defense Attorneys Important?

Criminal law is a complicated body of state and federal legislation. Each state frequently sets its own penalties for state crimes. The majority of crimes are usually state offenses. Exemptions include creating damage to federal property or causing injury to a federal employee.

The average person will not have an adequate understanding of criminal law. Unfortunately, failing to understand the criminal law is infrequently a sufficient defense to bypass being found guilty.

Although a person has the legal right to represent themselves throughout criminal trial processes, the consequences of having inadequate legal representation can be critical. Misdemeanors might only involve a fine or a short jail sentence, but felonies, which are more severe crimes, can lead to lengthy prison terms. This is why it is so necessary to have someone educated about the law argue on your behalf.

Criminal Defense Attorney Services Pre-Trial

Criminal defense lawyers can help clients during the criminal justice process, including pre-trial. Some people prefer to hire a lawyer through the investigation phase of a crime before they are charged. This usually occurs if someone is a suspect and has ground to believe that he/she will someday be charged. In these cases, a criminal defense attorney may help instruct the person while being investigated by authorities to guarantee the suspect doesn't reveal any incriminating information.

A criminal defense lawyer can also help in persuading a court to dismiss charges against you based on inadequate evidence or incorrect procedure. For example, in numerous cases, a police officer must have probable cause before conducting an arrest. Probable cause involves a compelling reason to believe that you have performed a crime. Criminal defense lawyers have knowledge of probable cause as it is established within your jurisdiction and might be able to offer a challenge to the officer's argument in court. If the lawyer can prove that the officer did not have a probable cause to examine the alleged crime scene and make an arrest, charges on you could be dismissed before a trial begins.

When you are detained for a crime, you may be held pending trial. Though, you usually can be discharged as long as you present a certain amount of money which is called bail. Bail is designed to assure that you show up for trial. A criminal defense lawyer can try to convince the court to lessen your bond or waive it entirely.

If you know you will be deemed guilty of a crime, you might want to try to get a plea bargain with the prosecution. A plea bargain is a contracted agreement to decrease charges to a lesser offense or lessen the sentencing. Your lawyer can represent you throughout plea negotiations to improve your chances of obtaining a reduced punishment.

Criminal Defense Attorney Services at Trial

Criminal defense lawyers can also help you during the criminal trial. They can investigate your case, distinguishing its strengths and weaknesses. From there, you and your lawyer can cooperate to come up with a defensive approach.

Your lawyer can also explain the ups and downs of pleading guilty, mainly when a plea bargain is on the table.

Your attorney can also help with the conventional steps of a criminal trial, from jury selection to presenting opening statements to examining witnesses. And criminal defense lawyers can help you with the appeals process.

If you have any questions or require legal representation, do not be hesitant to contact The Davis Law Firm today at (803) 531-3888

 

For some strange, inexplicable reason, public poopers have been waging turd terrorism across the country in recent months. First, there was the Mad Pooper of Colorado Springs, a jogger who would routinely pinch a loaf on the same family's lawn while out on a run. Then, there was the Arkansas Shit Bandit, another jogger who liked to do number two near parked cars. Now, it looks like New Jersey police have finally caught their own dastardly defecator—and this one feels like the end of particularly shit-centric Scooby-Doo episode.

According to police, the mystery pooper who'd been shitting on the Holmdel High School track every morning wasn't some angry student failing gym—it was the superintendent of a neighboring school district, NJ.com reports.

Faculty at the school, apparently tired of cleaning coils of human doo off their track "on a daily basis," put together a sting operation and caught the man, 42-year-old Thomas Tramaglini, in the act. Police arrested Tramaglini on the track early Monday morning.

Tramaglini, the Kenilworth school superintendent, is now being charged "with lewdness, littering, and defecating in public," according to a Holmdel Township Police Department Facebook post. The school district has reportedly placed him on paid leave while he faces the charges.

It's unclear why exactly Tramaglini allegedly made it his duty to make duty at the high school, but since this was an ongoing issue, the question is worth exploring. What inspires a seemingly normal person to begin pooping in public? Is it out of anger, borne from some deep-seated rage only weaponized shit can fix? Is it some animalistic urge, an instinct to rebel against our civilized turd-in-bowl world and drop a deuce in nature? Or is it just, like, really funny to poop outside once in a while?

According to NJ.com, Tramaglini was running on the track before his arrest, so maybe that has something to do with it. If this is actually the third case of joggers hanging roots during their exercises, then our society is apparently in desperate need of more public restrooms for the runners out there. In the meantime, though, can't you start carrying a bag? Come on, everybody—if you need to squeeze one out in public, at least do us all the courtesy of scooping it yourself.

Thursday, 13 September 2018 16:51

South Carolina And Car Accidents

The National Highway Traffic Safety Administration (NHTSA) states that in 2015, approximately a thousand people died in traffic collisions here in South Carolina. The state’s traffic death rate of about 20 accident-related deaths per 100,000 people is nearly double that of the national average. Why are South Carolinians at risk while on the road?

Primary Causes of Traffic Accidents and Deaths in South Carolina

There are several potential factors that can contribute to an automobile accident here in South Carolina. The most typical bad behaviors that can produce a collision include:

Drunk driving.
NHTSA’s statistics for 2015 reveal that out of 977 deadly accidents in South Carolina, 301 involved a person driving under the influence. That’s approximately one-third of all traffic-related deaths in the Palmetto state.

Speeding.
The NHTSA data reveals that 361 people were killed in South Carolina because of speed-related crashes, producing over one-third of traffic-related deaths.

Texting and distracted driving.
Nationwide NHTSA statistics confirm that in 2014, over 3,100 people were killed because of distracted driving and 431,000 people were harmed. Texting is the newest contributor to distracted driving, but different actions like speaking on the phone, eating/drinking, and changing the radio all produce accidents, too.

Extra usual reasons for accidents in South Carolina involve tailgating, dozing at the wheel, and failure to yield.

Protect Yourself and Your Legal Rights
The greatest way that you can preserve yourself proactively is by evading bad driving behaviors. Just by never driving intoxicated, following posted speed limits, and not using your phone while you drive, you can bypass being the potential reasonof tragedy on the road.

Though, we can’t always estimate the behavior of other people. Collisions can and do occur every day, no matter how careful we are. When someone else’s carelessness causes a wreck, the best thing you can do is to seek legal help from a qualified accident lawyer. Your car wreck lawyer can make sure that your rights are defended and help you seek fair compensation for any property damage, medical bills, lost wages, and other expenses you might need.

How to Get Legal Help After an Accident
If you’ve been in an auto collision and require legal help right away, please don’t delay to call me today. You can reach The Davis Law Firm at (803) 531-3888.

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Criminal Blunders

LEGAL DISCLAIMER

Information found on this Website is not, nor is it intended to be, legal advice.

You should consult an attorney regarding your individual situation.

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