South Carolina Code 23-43-190. Private suits
Current as of: 2023 | Check for updates
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Terms Used In South Carolina Code 23-43-190
- Certification: means conforming to the regulations of the Council. See South Carolina Code 23-43-20
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Fees: means monies to be paid to the council from any person engaged in the manufacture, inspection, or installation of modular building units. See South Carolina Code 23-43-20
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
Any person in an individual capacity, or on behalf of a class of persons, damaged as a result of a violation of this chapter or applicable regulations has a cause of action in any court of competent jurisdiction against the person to whom the label evidencing certification has been issued with respect to the pertinent modular building units, or, if it is not certified, against the manufacturer of the pertinent modular building units. An award may include damages and the cost of litigation including reasonable attorneys’ fees. The cause of action created by this section is subject to the same limitations period applicable in this State for causes of action of similar nature.