Construction Law

What is Standing to Sue?

By Ryan McCabe

First, the Plaintiff must have directly and personally sustained an injury, or there is immediate danger that the Plaintiff will sustain a direct injury.  It is improper to sue for an injury that is of a general nature common to all members of the public.  Likewise, it is generally improper to sue for the rights of a third party.  However, parties with standing to sue will often assign their rights to another party to sue on their behalf.  This is frequently seen in construction defect cases where individual homeowners assign the homeowners' association or regime the right to sue on behalf of all members collectively. 

Second, causation requires that the injury be fairly traceable to the Defendant's conduct.  This element ensures that the Plaintiff is suing the correct Defendant.   

Finally, redress means that a favorable court decision will likely rectify the Plaintiff's injury.  If the court determines that a party lacks standing to bring a claim, the court will typically grant summary judgment in favor of the opposing party.

This site and any information contained herein is for informational purposes only and should not be construed as legal advice.  Seek a competent attorney for advice on any legal matter.

Full post as published by The South Carolina Construction Law Blog on December 17, 2010 (boomark / email).