Tort Law and Filing Claims against Those Causing Injuries/Losses in SC
The Mallory Beach case refers to the legal investigation of a 2019 boat crash case in Hampton. Tort law plays a role in it by bearing connections to the nature of charges against the intoxicated driver. Torts refer to individuals’ omissions and deliberate or non-deliberate acts leading to harm or injuries affecting others, and such laws seek to hold individuals liable for losses caused by their actions (Goldberg et al., 2021). Along with that principle, in this case, the Beach family’s claims were focused on seeking punishment for Paul. Even though he did not clearly intend to kill anyone, his negligent behaviors, such as drinking, resulted in harm to five passengers and their families.
Under South Carolina tort law, individuals affected by the injuries can file claims against those responsible for causing them. Specific exceptions to that pertain to public entities rather than actions by individuals (Harris, 2023). Interestingly, the case of Mallory Beach involved Senator Massey’s attempt to alter the state’s law to extend liability to those potentially responsible for the harm (Harris, 2023). It might allow the deceased teenager’s family to hold liable the indirectly involved parties, such as the driver’s family members.
The Leading Claim, Criminally Liable Party, Brought Charges, and Other Charges
The party considered criminally liable for the boat accident was Paul Murdaugh. It was because he was driving the boat before the crash and refused to take safety measures to protect his passengers, such as allowing a sober person to drive the water vehicle (Harris, 2023). The leading claim filed in the case by the Beach family was Mallory’s wrongful death (Harris, 2023; Tripp, 2023). The charge brought against Paul was a felony charge related to staying in control of his vehicle despite alcohol intoxication or DUI, leading to Mallory’s death (CBS News Staff, 2023). However, it was not the only charge against the driver.
There were other charges brought against Paul by those who faced the consequences of his behavior. Miley Altman and Morgan Doughty, both close friends of Mallory, sought compensation from Paul’s family (Jewers, 2023). Their claims were concerned with non-fatal yet serious injuries in these two passengers affected by the crash (CBS News Staff, 2023). The $10 million and $5 million claims were initiated due to the survivors’ post-accident physical ailment and trauma and moral harm associated with losing a close friend (Jewers, 2023). Morgan’s motivations may also be linked to her troubled relationship with Paul.
The Defendant’s Guilt, Sentencing Outcomes, and Other Related Events
The outcomes for the defendant did not follow the expected path due to other tragic events following his release on bond. A blood alcohol test conducted right after the accident indicated that alcohol concentration in the driver’s blood was three times as large as the legally allowed limit, and passengers’ testimonies indicated his guilt directly (CBS News Staff, 2023). Apparently, considering all the evidence to prove his intoxication and problematic behaviors before the crash, Paul would have been found guilty and served a proportionate sentence.
However, while awaiting trial to establish his guilt and a criminal sentence, Paul rejected the accusations and was released from police custody on bond (CBS News Staff, 2023). No sentencing actually took place due to other related yet unexpected events, including Paul’s and his mother’s violent gun-related deaths in June 2021 (CBS News Staff, 2023). Concerning the outcomes, Alex, Paul’s father, became the key suspect despite claiming that he had found the two dead in their house in Islandton, and his punishment involved two life sentences (Deliso, 2023). The charges against Paul were eventually dropped due to his sudden death.
References
CBS News Staff. (2023). Mallory Beach death: Inside the boat crash that killed S.C. teen. CBS News.
Deliso, M. (2023). Alex Murdaugh says he lied to investigators during testimony in double murder trial. ABC News.
Goldberg, J. C., Sebok, A. J., Zipursky, B. C., & Kendrick, M. (2021). Tort law: Responsibilities and redress (5th ed.). Aspen Publishing.
Harris, J. L. (2023). Could a $15M settlement in the Mallory Beach case change the law in SC?The State.
Jewers, C. (2023). Family of Mallory Beach, 19, reach settlement with Buster Murdaugh, 26, in $50 million lawsuit after she was killed during fatal late night river ride on boat driven by his underage drunk brother Paul Murdaugh. Daily Mail.
Tripp, D. (2023). Mallory Beach boat death lawsuit involving Murdaugh family settled for $15 million. ABC 33 40 News.