Premises Liability Lawyers in South Carolina
If you or a loved one has been injured in a Premises Liability accident, you may be entitled to compensation for your lost wages, medical bills, or any permanent impairment. The South Carolina Premises Liability Lawyers at the Strom Law Firm, LLC have years of experience helping clients recover damages for injuries. Call us today at 803-252-4800 to discuss the details of your case with one of our experienced attorneys.
South Carolina premises liability law is based on 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 distinct 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 South Carolina Premises Liability Claims
Under South Carolina premises liability law, property owners are required to appropriately warn visitors and guests of their property of any unsafe conditions to prevent injury. Any occupant or owner of the land 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
- Elevator or escalator accidents
- Defective or dangerous conditions
- Improperly maintained premises
- Slip and fall
- Wet floors
- Accidents involving ATVs or Golf Carts provided by occupants
- Improper or insufficient security
Classification of South Carolina 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, pleasure, or convenience. Trespassers are merely owed by the owner or 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. A premises liability lawyer can help you analyze the situation and determine liability. Such an analysis can be overly complex and difficult for an injured party and their family to navigate.
Whether you have been injured on somebody’s hunting land, a store, a friend’s rental property, boat, beach house, or any other property of another, contact a South Carolina premises liability attorney today to see if you may be entitled to compensation.
How Much Will South Carolina Premises Liability Lawyers Cost You?
Do not hesitate to contact a South Carolina 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.
South Carolina Premises Liability Lawyers for Premises Liability Injuries
Our South Carolina premises liability lawyers are ready to meet with you in person at your convenience. Strom Law Firm is experienced in representing victims of South Carolina premises liability accidents and other accident injuries. 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.
Helping Those Who Have Been Injured on Someone Else’s Property
The Premises Liability Lawyers at Strom Law Firm fights for compensation from negligent property owners. We understand South Carolina’s statutes and the complex legal questions that can arise in premises liability cases. Many of these accidents may include multiple injured parties who have suffered numerous and significant injuries. The lawyers at Strom Law Firm will devote time and resources to fighting for fair compensation on behalf of our injured clients. We take the necessary steps to hold bus companies accountable for the injuries caused by their negligence or other wrongful behavior.
Entering a parking lot, retail store, or even someone’s home should not place you in harm’s way. We have worked with dozens of clients who have been hurt on property owned by another person or organization. Many cases involving premises liability actually slip and fall accidents, crime victims, dog bites Neither of these cases are simple matters because of the frequently complex issues regarding insurance coverage and liability. If you or someone you love was injured through a defective property condition, you could be entitled to damages for medical bills, pain and suffering, and lost wages.
Our premises liability lawyers help accident victims injured in:
- playground accidents
- elevator accidents
- sexual assault at an apartment complex
- sexual assault in a business
- sexual assault in a parking lot
- accidents occurring on unsafe fast-food playgrounds
- swimming pool accidents
- failure to provide adequate security
- accidents and injuries caused by negligent security
- dog bites and animal attacks
- government property accidents
- slip and fall accidents in retail stores and restaurants
Proving a Premises Liability Claim
In order to establish a claim for premises liability, it must be established that the victim was on the property covered by the property owner’s insurance policy. Importantly, claims are paid by an insurance company and not the actual property owner. You must also establish that the owner of the premises breached the standard of care.
What is the Standard of Care in a Liability Claim?
The standard of care also called reasonable care or ordinary care is the level of care a property owner should reasonably give to maintaining the safety of their property and ensuring the safety of the people who enter that property. The standard of care owed to a person on someone else’s property depends upon whether the person on the property is a trespasser, a licensee, or a business invitee.
A trespasser is someone who enters the property of another without an express or implied invitation, for his or her own purposes, and not to perform any duty owed to the owner. Where property owners are not aware of the presence of trespassers, property owners usually do not have any duty to warn a trespasser of a danger, or to make their premises safe for the benefit of a trespasser. However, if the property owner is aware that people are trespassing, the property owner may be obligated to exercise ordinary care in relation to the safety of a trespasser.
A licensee is a person who is invited to enter or remain on the property for any purpose other than a business or commercial one with the express or implied permission of the owner or person in control of the property. A social guest is considered to be a licensee, not an invitee.
Typically, an owner is liable for physical harm caused to a licensee by a condition on the property if the owner of the property knew or should have known that the property presented an unreasonable risk of harm and failed to take reasonable steps to ensure that the property was safe.
An invitee is a person who is invited to enter or remain on the property for a commercial benefit to the possessor of premises, or for a purpose directly or indirectly connected with business dealings with the possessor, such as shopping. An owner has a duty to use ordinary care to warn or otherwise protect an invitee from risks of harm from a condition on the possessor’s premises.
Premise Liability in Store Accidents
Whether the result of inadequate security, insufficient lighting, or failure to maintain the premises, when the negligence of a store owner results in an accident, you may be able to file a lawsuit to recover the costs you have incurred for lost wages, medical bills, disfigurement and/or any injury from which you have suffered.
Common premises liability cases against a store owner include:
- Slips and falls in a retail store or business
- Sexual Assaults
- Tripping over foreign objects left on the floor
- Falling merchandise or objects from overhead
- Falls caused by uneven pavement
- Injuries or attacks prompted by inadequate lighting or inadequate security
- Railings and other supportive devices which are poorly maintained or break
Playground Accident Lawsuits
While playgrounds are meant to be a fun place for children, improperly maintained or unsafe playground equipment can result in serious injuries. If a loved one was injured in a playground accident, contact our Premises Liability Lawyers near me today to discuss the details of your case. You may be entitled to compensation for those injuries.
The Center for Disease Control (CDC) and Prevention says every year, emergency departments treat more than 200,000 children ages 14 and younger for playground accidents and injuries. The bad news does not stop there. Approximately 45% of playground-related injuries result in severe injuries including fractures, internal injuries, concussions, dislocations, and amputations.
The CDC also says nearly 75% of nonfatal injuries related to playground equipment happen on public playgrounds. The majority of these injuries occur at schools and daycare centers.
We will review the facts of your case to determine whether the owner failed to:
- Provide safety mats or safety equipment
- Inspect and/or repair damaged equipment
- Take measures to provide a safe swimming environment
- Post warnings about dangerous conditions or equipment to avoid
- Properly train staff
Grounds for a Playground Accident Lawsuit
To receive payment for an accident that occurred on a playground or something similar, you must establish that the property owner had a legal duty to you.
Legal liability may be established by presenting evidence that:
- The property owner was aware or should have known, that there was a dangerous circumstance
- The property owner had a chance to repair or fix the dangerous condition
- The property owner’s failure to take the suitable action directly caused your injury
Possible compensation in the event of a playground accident includes:
- Medical expenses
- Lost wages
- Lost future earnings
- Pain and suffering
- Loss of quality of life
- Other damages
- Wrongful Death
Call Today for a Free Consultation with Our of Our South Carolina Premises Liability Lawyers
The sooner our premises liability lawyers get involved with your liability case, the more likely we will be able to investigate the scene and develop the evidence to protect your case. You can be certain that the property’s trained insurance adjuster will be eager to do everything they can in an attempt to minimize your claim. Call us today (803) 252-4800 for a free consultation to discuss the facts of your case with our Premises Liability Lawyers. We will focus on protecting your rights so that you can focus on getting better.