Premises Liability Lawyers in Lexington
Our Lexington Premises Liability Lawyers at the Strom Law Firm are familiar with litigating South Carolina personal injury cases and can often help victims recover substantially more compensation than they would be able to retain on their own, so it is highly advisable for anyone injured in an accident to discuss their options with one of our Lexington Premises Liability Lawyers
Lexington premises liability law is based in common law and statutory law but is rooted in negligence. To prove liability for negligence in South Carolina, an injured party must prove the following:
- the defendant owed the plaintiff a duty of care,
- the defendant breached that duty, and
- the plaintiff suffered an injury as a result of the defendant’s breach.
Premises liability law is different from common negligence, providing additional guidance beyond basic negligence. The duties owed by a defendant to an injured party are defined in South Carolina by the condition of the property and the activities being conducted by both the injured party and the defendant.
Further, beyond conditions and activities, the proper analysis to be used is determined by the nature of the plaintiff’s presence on the property.
Types of Lexington Premises Liability Claims
Under South Carolina premises liability law, property owners are responsible to appropriately warn visitors, children, and guests of their property of any unsafe conditions to prevent injury. Injuries that can occur can be, brain injury, spinal cord injury, and any other type of personal injury. Any occupant or owner of the land, boat, or a building can be held liable for a premises liability claim. Parties who may be held liable for a premises liability claim include:
- Small and large business owner,
- Commercial property and their managers (mall, condo, apartment)
- Grocery store
- Box store
- Gas station
- construction site
Premises liability injuries are caused by many conditions, including:
- Swimming pool drownings and unfenced swimming pool injuries
- Defective or dangerous conditions
- Improperly maintained premises
- Elevator or escalator accidents
- Slip and fall
- Wet floors
- Accidents involving ATVs or Golf Carts provided by occupants
- Improper or insufficient security
Classification of Lexington Premises Liability Injury Victims
Under South Carolina law, the amount an owner can be required to pay as compensation to a victim depends, in part, on how the victim is legally classified:
- Invitees: Invitees enter the land of another individual at the express or implied invitation of the occupant of the land. Often, this arises when the person entering the land is doing so for the mutual interest of the parties or to the interest of the occupant. An occupant or land-owner owes a duty of reasonable care to an invitee, which carries a duty to warn of “latent” or hidden defects and dangers. The owner must have actual or constructive knowledge of the defect to give rise to this duty. Constructive notice means that the occupant or owner has reason to believe that condition exists, and it would be discovered following a reasonable inspection. An example of an invitee is a customer in a store or a contractor working on a property with the permission of the owner.
- Licensees: Licensees are allowed entry to a property by the consent of the owner or occupant. The duty of care owed to a licensee is not quite as heightened as that owed to an invitee. Owners and occupants have a duty to warn licensees of conditions that are actually known to the owner or occupant. There is not a requirement to actively inspect and discover dangerous conditions on the land or to make unknown conditions safe.
- Trespasser: Trespassers enter land belonging to another without any invitation, right, or lawful authority. They enter for their own purposes, for pleasure or convenience. Trespassers are merely owed by the owner or the occupant a duty of not being harmed by willful or wanton conduct or conditions.
- Exception for children: An exception to the rule, as it applies to trespassers, is if the injured party is a child. If the owner or occupier knows or should know that trespass by children is likely, and they are likely to encounter or be attracted by a condition that is unreasonably dangerous, that owner or occupier may be subject to liability.
As you can see, there are various factors and analyses that must be applied when looking at a premises liability case. Such an analysis can be overly complex and difficult for an injured party and their family to navigate. A Lexington premises liability lawyer can help you analyze the situation and determine liability.
Whether you have been injured on somebody’s hunting land, a store, a friend’s rental property, a friend’s boat, or any other property of another, contact an attorney today to see if you may be entitled to compensation.
How Much Will A Lexington Premises Liability Lawyers Cost You?
Do not hesitate to contact a Lexington premises liability injury attorney. Strom Law Firm will not charge for an initial consultation and will be able to help assess any legal rights to potentially recover financial compensation. Strom Law Firm also will serve as a protection from insurance companies trying to contact you for a quick and low settlement.
Lexington Premises Liability Lawyers for Premises Liability Injuries
Strom Law Firm is experienced in representing victims of Lexington premises liability accidents and other accident injuries. Our Lexington premises liability lawyers are ready to meet with you in person at your convenience to discuss and review your case. You can also contact us online or by phone at 803-252-4800 to schedule a time to talk with a member of our team.