Our South Carolina Premises Liability Lawyers Help Those Who Have Been Injured on Someone Else’s Property
Entering into a parking lot, retail store, or even someone’s home should not place you in harms way. We have worked with dozens of clients who have been hurt on property owned by another person. Although many cases involving premises liability are actually slip and fall accidents, these cases are not always as simple as they appear because there are 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.
We help accident victims injured in:
- failure to provide adequate security cases
- slip and fall accidents in retail stores and restaurants
- playground accidents
- elevator accidents
- accidents occurring on unsafe fast-food playgrounds
- swimming pool accidents
- accidents and injuries caused by negligent security
- dog bites and animal attacks
- government property accidents
Proving a Slip and Fall Accident Claim
In order to establish a claim for premises liability, you must establish that the victim was on the property covered by the homeowner’s insurance policy. Importantly, claims are paid by an insurance company and not the actual homeowner. You must also establish that the owner of the premises breached the standard of care.
Standard of Care
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 a 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 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.
Whether the result of inadequate security, and insufficient lighting or failure to maintain the premises, when the negligence of a store owner results in 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:
- falls in a retail store or business,
- 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,and
- railings and other supportive devices which are poorly maintained or break.
Slip and Fall Accident Lawsuits
In order to establish liability, you must present evidence that the owners did not maintain the property, created unsafe conditions which resulted in the injury or that the owner knew about the dangerous problem or hazard and failed to warn visitors. The unusual dilemma with slip and fall accident cases is that often there are no witnesses.
Whether your slip and fall accident is the result of:
- a wet or damp floor,
- a foreign object on the floor,
- an abrupt change in floor levels or unsafe steps,
- poor lighting,
- or on unsafe steps, premises or parking lot
You can be sure that the insurance adjuster will try to dispute liability and deny your claim.
If you have been injured in a slip and fall accident, after making sure that you are safe you should:
- document exactly what happened; make a complaint or file an incident report with the manage on duty;
- obtain a copy of the incident report you file with the manager,
- take pictures of the area where you slipped and fell,
- secure a copy of any incident report completed by the manager or property owner,
- write down the names and phone numbers of each witness that may have seen the accident and/or rendered assistance,
- do not discuss your case with anyone; you can expect that an insurance adjuster will be contacting you. Do not give any statements to the insurance adjuster.
Playground Accident Attorneys
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.
Occurrence and Consequences
The bad news does not stop there. Approximately 45% of playground-related injuries result in severe–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.
Compensation for a Playground Accident
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; and
- the property owner’s failure to take the suitable action directly caused your injury.
Possible compensation in the event of a playground accident:
- Medical expenses
- Lost wages
- Lost future earnings, pain and suffering
- Loss of quality of life
- Other damages
Call Today for a Free Consultation
The sooner our South Carolina Premises Liability attorneys get involved, 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 store’s trained insurance adjuster will be eager to get a statement from you in an attempt to minimize your claim. Call us today (803) 252-4800. We will focus on protecting your rights so that you can focus on getting better.