Home Personal Injury Premises Liability

Representing People Injured on the Property of Another

Premises liability applies to injuries that occur on someone else’s property. Under South Carolina law, property owners are required to maintain their premises in a reasonably safe condition for visitors. When they fail to do so, and someone is injured as a result, the injured party has a right to pursue a negligence claim for compensation.

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- Julian Allen

What Types of Accidents Fall Under the Category of Premises Liability?

Any accident caused by an unsafe condition existing on a property may fall under the category of premises liability. Examples of common premises liability accidents include:

  • Slip or trip and fall accidents
  • Elevator and escalator accidents
  • Swimming pool accidents
  • Amusement park accidents
  • Dog bites

What Types of Injuries Can Occur in Premises Liability Cases?

Premises liability accidents can cause a wide range of injuries, including:

  • Traumatic brain injury
  • Spinal cord injury
  • Fractured bones
  • Head, neck, and back injuries
  • Electric shock
  • Severe burns

How Are Damages Calculated in a Premises Liability Claim?

Damages in a premises liability claim are calculated based on the extent and severity of your injuries and the losses you have suffered. Commonly claimed damages include:

  • Past and future medical expenses
  • Lost earnings
  • Loss of future earning potential
  • Permanent disability
  • Scarring and disfigurement
  • Pain and suffering
  • Emotional trauma
  • Mental anguish
  • Diminished quality of life

Does It Matter Why You Were on the Property?

There are three different categories of visitors to a property for premises liability purposes. Property owners have different duties to visitors in each category:

  • Invitees: These are people on the property with an express or implied invitation to be there and their presence is connected to the property owner’s business, for example a customer at a grocery store or guest in a hotel room. The person’s presence provides a benefit to the owner. Property owners have a duty to invitees to keep the property free of reasonably foreseeable hazards.
  • Licensees: The duty of care is not as high to licensees as to invitees. Licensees are visitors on the property for their own purposes, for example social guests, who were invited but their presence is not related to any business relationship with the owner. Property owners have a duty to warn licensees of any known hazards.
  • Trespassers: Adult trespassers are owed the lowest duty of care by property owners in South Carolina. They are only required to refrain from injuring trespassers intentionally. When trespassers are children, however, a different set of protections apply under the concept of attractive nuisance – something that could attract a child to the property without the owner’s knowledge and lead to the child being injured, such as an unfenced swimming pool.

What Should You Do If You Have Been Injured or Lost a Loved One in a Premises Liability Accident?

If you have been hurt or lost a loved one in an accident caused by property owner negligence, your best course of action is to speak with an experienced Charleston personal injury lawyer as soon as possible. These cases are very fact specific. Your best chance of recovering full compensation is to have an experienced South Carolina premises liability attorney on your side.

You are not automatically entitled to compensation if you were hurt on someone else’s property. To prevail in a premises liability claim, you must prove that the property or business owner:

  • Did something that created a hazard on the property; or
  • Knew, or should reasonably have known, that a hazard existed on the property, and failed to remedy the situation.

At Allen Law, we have more than a decade of legal and trial experience. Attorney Allen is a former insurance defense attorney with extensive experience from the “other side,” which gives us an advantage for our clients. Call us today to schedule a free consultation at (843) 882-5005.