Accidents can happen anywhere—at the grocery store, a restaurant, a hotel, or even a friend’s house. If you have been injured on someone else’s property due to the owner’s negligence, you may have a premises liability case. A Charleston premises liability lawyer at Briggs Law Group can help you pursue the compensation you deserve.
Our experienced attorney understands South Carolina premises liability law and how to build strong cases on behalf of our clients. We provide compassionate, personalized representation aimed at achieving the best possible outcome in your case. If you have been hurt, do not hesitate to contact a Charleston premises liability attorney at our firm for a free consultation about your legal options.
What Is Premises Liability?
Premises liability law is based on the idea that those who own or control property have a duty to keep the premises reasonably safe for lawful visitors. When they fail in this duty and someone gets injured as a result, they can be held liable.
Some frequent examples of premises liability cases include:
- Falls caused by slippery surfaces, loose flooring, poor lighting, or other unsafe conditions
- Tripping hazards such as uneven pavement, potholes, or obstructed walkways
- Accidents involving swimming pools
- Malfunctions or failures of elevators and escalators
- Injuries occurring at amusement parks
- Fire-related incidents
- Exposure to harmful chemicals or toxic fumes
- Insufficient security measures leading to assaults or other criminal acts
The specific duty of care owed by a property owner depends on the status of the visitor. In South Carolina, there are four main categories:
- Invitees: Invitees are people who enter the property for the financial benefit of the owner, such as customers at a store. Property owners owe the highest duty of care to invitees to inspect the premises, fix any known dangers, and warn of potential hazards.
- Licensees: Individuals who enter a property for their own reasons but with the owner’s permission. Social guests are a typical example. Property owners must inform licensees of any known hazards that are not immediately visible.
- Adult trespassers: A trespasser enters the property without permission. Property owners generally do not owe any duty to adult trespassers except to avoid purposefully harming them.
- Children: Owners have an increased duty of care toward children, even those who enter without permission. Under the attractive nuisance rule, a property owner may be responsible for injuries if a hazardous feature, like a swimming pool, is likely to capture a child’s attention and lead to harm.
Premises Liability at a Business
Businesses have a duty to provide a safe environment for their customers. This includes fixing potential hazards in a timely manner and warning customers of dangerous conditions.
For example, if a jar of sauce falls off the shelf and shatters at a grocery store, the store employees must promptly clean up the spill and put out a wet floor sign to alert customers of the slippery conditions. If they fail to do so and you slip and fall, you may have a valid claim against the store.
Other examples of negligence that can lead to injury at a business include:
- Failing to clean up spills on floors
- Not repairing broken stairs, loose railings, cracked floors, or torn carpeting
- Inadequate lighting in stairwells and parking lots
- Lack of security
- Negligent hiring of employees
Premises Liability at a Residence
Homeowners and tenants can also be liable if a visitor gets hurt due to dangerous conditions on the property. While you may be hesitant to file a claim against a friend or family member, it is important to remember that homeowners’ and renters’ insurance is there to compensate people injured on the property.
Some potentially hazardous conditions that can result in injuries on residential property include:
- Slippery walkways due to snow and ice accumulation
- Unmarked steps
- Exposed tree roots
- Unsecured area rugs
- Unrestrained pets
- Unstable furniture that can tip over
- Swimming pools without proper fencing or safety equipment
- Balconies and decks in disrepair
The value of your Charleston premises liability case will depend on factors such as the severity of your injuries, the amount of your medical bills and lost wages, whether you suffered any permanent impairment or disability, and how the injury has impacted your life overall. An experienced Charleston premises liability lawyer can evaluate your case and give you a better idea of what it may be worth.
Time Limit for Filing a Charleston Premises Liability Lawsuit
It is important to be aware that you have a limited amount of time to file a premises liability lawsuit in South Carolina. Personal injury claims in South Carolina have a statute of limitations of three years from the date of the injury. If you do not file your case within that three-year window, the court will likely dismiss it.
There are very few exceptions to this rule, so it is crucial that you speak to a Charleston slip fall attorney as soon as possible to get your case started. The sooner you begin, the sooner your lawyer can start preserving evidence and building your case.
Why You Need a Charleston Premises Liability Attorney
Premises liability cases can be complicated. The property owner and their insurance company will look for any reason to deny liability and pay you as little as possible. They may try to downplay the seriousness of the hazard, claim they had no knowledge of it, or even blame you for your injuries.
An experienced Charleston property injury attorney can anticipate these tactics and build the strongest possible case on your behalf. Your attorney will identify all potentially liable parties, gather crucial evidence, interview witnesses, hire necessary experts, and handle all communications with the insurance company. Your lawyer will fight for every dollar you deserve, whether through an insurance settlement or by taking your case to trial.
Charleston Premises Liability Lawyer at Briggs Law Group
If you have been injured on someone else’s property, contact the Briggs Law Group today to discuss your case with a knowledgeable Charleston premises liability lawyer. We have experience in handling complex premises liability claims. Get in touch with us to schedule a free consultation.