§ 35-2 Wrongful Death - Elements - General Charge
| Library | South Carolina Requests to Charge - Civil (SCBar) (2016 Ed.) |
§ 35-2 Wrongful Death - Elements - General Charge
There are three essential elements of the plaintiff's cause of action. They are denied by the defendant's answer. Since the plaintiff has made these charges as the foundation of his claimed right of damages against the defendant, the burden of proof is upon the plaintiff to establish all three by the preponderance or greater weight of the evidence.
First, that the defendant was negligent [and/or reckless, willful, or wanton] in one or more of those...
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