If your personal injury was caused by negligence on the behalf of a property owner, your case may be considered premises liability.
Property owners, especially those with businesses or rental properties, are obligated to keep their property safe. Depending on the specifics of your case, you may be able to file a personal injury claim for premises liability in order to secure compensation for hospital bills, lost income, and pain and suffering.
Here’s what you need to know when it comes to premises liability in South Carolina.
What Constitutes Premises Liability in SC
There are many different instances which may constitute premises liability. If your injury was caused by a hazard on the property that the owner knew about but failed to fix, your case may be considered premises liability.
For instance, if you tripped, slipped, or otherwise fell on another person’s property due to debris, damaged flooring, or water or ice, this would generally be considered premises liability. If you were exposed to hazardous substances at your rental property—such as lead paint, asbestos, or mold—that the property owner knew about but did not remove, this is also premises liability.
Even if you were bitten by someone’s dog on their property that they failed to control or your child was injured in an unsupervised swimming pool accident, premises liability may be your best route for legal action.
What You Need to File for Premises Liability
In order to file for premises liability, time is of the essence. Gathering proof of the hazard that injured you isn’t always possible days or even hours after the fact.
You’ll need as much evidence as you can gather, including photos of the scene, witnesses, even the clothing you wore that day can be helpful in your case. You can and should provide an incident report—if filed—and any medical reports, including bills.
All this evidence will be necessary when trying to prove that the property owner was negligent. However, how responsible the property owner is for your injury will depend on your status as a visitor at the property.
Determining the Level of Care Owed
Depending on your visitor status as defined in the state of South Carolina on the property in question, the property owner may not be responsible for your injury.
South Carolina identifies four different classifications of visitors in premises liability cases:
- These adult individuals do not have permission to be on the property.
- These include guests of a business.
- These visitors include friends and family or otherwise social visitors.
- Minors who are on the property.
Invitees are owed the highest level of care while trespassers are given almost none. Depending on whether or not you had permission to be on the property or were invited, your grounds in a premises liability case may vary.
Getting Your Case Resolved
When you’re injured and can’t work or pay your bills, the person or company that’s responsible for your injury should be held accountable. Schedule a free consultation with our attorneys at Harden Law today to discover if your personal injury case is considered premises liability and how you can move forward.