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November 21, 2009
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Robert P. Foster 
601 East McBee Avenue
Suite 104
Greenville, South Carolina 29601-2945

Phone:
(864) 242-6200

Fax:
(864) 233-0290

E-mail:
Email Me

Web site:
http://www.fosterfoster.com



PositionAreas of PracticeEducation
Published WorksAffiliations


Mr. Foster has been practicing with the same firm as a civil litigator since graduating from law school in 1983. While he practices generally in the area of torts and insurance law, including products liability law, he has focused in recent years in representing burn victims in fires which have been caused by, or accelerated by product defects in ordinary consumer or building products, many having excessive flammability properties. Among these are upholstered furniture, mattresses, decorative plywood paneling, clothing and acrylic bathtubs. Many involve mobile homes. Mr. Foster stays abreast with judicial and legislative developments in these areas.

Mr. Foster has settled numerous cases representing clients in these areas, many of which are discussed in the [Burn Injury, Flammability Products] pages of this site. He has also made television appearances on national and regional newscasts which have featured some of the fire cases he has settled:

February - 2004 CBS Early Show

February - 2004 11 Alive, Atlanta, GA - NBC

February 2000 Extra

Recent Article

Is there a time bomb in your sofa?  a furniture flammability article by Robert P Foster and Joseph B Zicherman,  ATLA Nov. 2005

Representative Cases

Allen v. Greenville Hotel Partners, Inc., 405 F. Supp. 2d 653; 2005 U.S. Dist. LEXIS 38307 (denying summary judgment to franchisee, in RG's failure to secure rear door to hotel leading to entry of arsonist who started a fire causing 6 deaths and 12 injuries)

Allen v. Choice Hotels International , 276 Fe. Appx. 339; 2008 U.S. App. LEXIS 9461 Elsie Marie Allen, As Personal Representative of the Estate of Donna L. Swaim, et. al, vs. Choice Hotels International, Inc., 4 th Cir., Op.#07-1409, Decided May 1, 2008 (unpublished)(summary judgment affirmed for franchisor despite exercising strict and detailed control over franchisee in fire safety and related matters, and despite not requiring franchisee to install sprinklers in hotel as condition of operation)

Wistafke v. La-Z-Boy, Inc. , CV-02-H-1729-NE (Three children died, mother of children injured seriously, in fire accelerated by mattress and upholstered sleeper sofa group made of highly flammable polyurethane foam)

American Mutual Fire Insurance Company of Charleston v. Aetna Casualty & Surety Company , 303 S.C. 301; 400 S.E.2d 147; 1991 S.C. LEXIS 16 (Auto servicing exclusion of liability policy held invalid as against statute defining permissive users covered by insurer)

Collins Music Company, Inc. v. William Bryant Lord, 289 S.C. 458; 346 S.E.2d 724; 1986 S.C. LEXIS 412 (Evidence to correct deficiency in service affidavit of Complaint allowed, in action to quash an order to appear for supplemental proceedings)

Cousar v. New London Engineering Company, Inc., 306 S.C. 37; 410 S.E.2d 243; 1991 S.C. LEXIS 213 (Product liability claim against bag flattening machine maker which severely injured employee when the rollers pulled both arms, and pulled plaintiff up to his neck cutting off oxygen. Right of action by maker against component part maker for contribution did not accrue until machine maker paid or settled the claim. Motion to add third party denied)

State Farm Mutual Automobile Insurance Company v. Dorothy C. Gunning , 340 S.C. 526; 532 S.E.2d 16; 2000 S.C. App. LEXIS 82 (Insured could not stack UIM from vehicles not involved in the accident, so no recovery, despite argument that rules of stacking did not apply to first "back home" vehicle, since there was nothing to stack onto)

Hicks v. Piedmont Cold Storage, Inc. , 324 S.C. 628; 479 S.E.2d 831; 1996 S.C. App. LEXIS 173 (Employee who died when car fell off tines of company forklift, while repairing plant managers car at manager's request off company time, but at plant with company tools, held compensable under workers' compensation laws)

Hicks v. Piedmont Cold Storage, Inc., 335 S.C. 46; 515 S.E.2d 532; 1999 S.C. LEXIS 72 (The Supreme Court reversed, holding the corporation received no benefit from the activity. The Chief Justice dissented, stating the company benefited indirectly because the manager would have more time to spend on plant business if the car was fixed on Saturday.)

American Security Insurance Company v. Archie 0. Howard , 315 S.C. 47; 431 S.E.2d 604; 1993 S.C. App. LEXIS 90 (Lack of meaningful offer of UIM coverage; coverage rolled on and stacked for each vehicle with UIM coverage, but in amounts limited to the limits of owned vehicle involved in accident)

Samson v. The Greenville Hospital System , 295 S.C. 359; 368 S.E.2d 665; 1988 S.C. LEXIS 64; CCH Prod. Liab. Rep. P11,809; 5 U.C.C. Rep. Serv. 2d (Callaghan) 1274 (Blood shield statute held constitutional upon equal protection grounds, barring implied warranty claim against blood center)

Samson v. The Greenville Hospital System , 297 S.C. 409; 377 S.E.2d 311; 1989 S.C. LEXIS 28; CCH Prod. Liab. Rep. P12,084 (Provision of blood deemed a service, not a sale for purpose of product liability in South Carolina, barring a product claim for AIDS related transfusion)

Becker v. Estes Express Lines, Inc., 2008 U.S. Dist. LEXIS 20400 (Court ruled South Carolina law of negligent entrustment not limited to use by intoxicated driver only, in death case resulting in truck accident caused by truck driver with history of seizures, which was known by his employer)

Sizemore v. Hardwood Plywood and Veneer Association , 114 F.3d 1177 (4 th Cir. 1997) (Court affirms grant of summary judgment to plywood trade association, in spite of association members submitting misleading testing of its member' product, to code officials considering regulation of flammability of product, causing code bodies to be misinformed about the true nature of the flammability of the product.)

Current Employment Position(s):
Partner
Areas of Practice:
Products Liability Including Fires Accelerated by Flammable Products
Fires Causing Burn Injury and Death
Personal Injury and Wrongful Death from Accidents
Litigation Percentage:
95% of Practice Devoted to Litigation
Bar Admissions:
South Carolina, 1983
U.S. District Court District of South Carolina
U.S. Court of Appeals 4th Circuit, 1996
Education:
University of South Carolina School of Law, Columbia, South Carolina, 1983
J.D.
Honors: Top 15%


University of Tennessee, Knoxville, Tennessee, 1979
B.S.
Honors: With Honors
Major:  Mechanical Engineering


Published Works:
Is there a Time Bomb in the Sofa?, ATLA, November, 2005


"The Law of Automobile Insurance in S.C." (Editorial Advisory Board), Covington, 3rd ed., 1996


Professional Associations and Memberships:
South Carolina Bar, 1983 - Present
Member


Selected for inclusion in Best Lawyers in America, (tm), 2009


South Carolina Bar, 1990 - 1996
House of Delegates


13th Circuit Resolution of Fee Dispute Board, 1997 - Present


13th Circuit Resolution of Fee Dispute Board, 2004
Chairman


South Carolina Bar, 1991 - 1996
Practice and Procedure Committees


National Fire Protection Association (NFPA)
Member


Phoenix Burn Society
Member


Birth Information:
1957, Greenville, South Carolina, United States of America
Practice Area Focus
Burn Injury Law
ERISA & Insurance Cases
Personal Injury/Torts
General
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Burn Injury/Flammable Products Personal Injury / Torts Erisa & Insurance Law Video Greeting
  Burn Injury/Flammable Products Personal Injury/Torts Erisa & Insurance Law Personal Injury/Torts  
 

Burn victims can sue makers of dangerous flammable products causing home fires such as upholstered furniture mattresses mobile homes polyurethane foam acrylic bathtubs and more.



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Accidents, including auto, slip and fall, defective products, on the job injuries including wrongful death, brain injuries and other serious injury.



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ERISA, Insurance, Health Insurance, Long Term Disability, Life Insurance, Accidental Death and Other Denied ERISA and Insurance Claims.


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Video Site Overview for ERISA and Insurance Claims



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601 East McBee Avenue - Suite 104 | Greenville, South Carolina | 29601864-242-9200Click Here to Email Us
 

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Past case results do not predict outcomes in future cases. Each case is determined on its own merits. We at Foster Law Firm LLP use our experience and best efforts to try to put our client's case in the best possible position to increase the chances of a successful outcome. Some cases, however, present difficult factual and/or legal circumstances which will affect the outcome of the case.

The Foster Law Firm represents clients from South Carolina and North Carolina in the cities of Greenville, Spartanburg, Anderson, Columbia, Charleston, Florence, Myrtle Beach, Asheville, Hendersonville, Charlotte, Raleigh, Winston-Salem, Greensboro, and more. Nationwide representation through associated counsel.

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