Understanding Premises Liability: What Happens if You’re Injured on Someone Else’s Property?
Every day, people in South Carolina visit public places like grocery stores, restaurants, and parks or enter private properties like a friend’s home or an apartment complex. While these visits are usually uneventful, accidents can happen when property owners fail to maintain safe conditions. From slipping on a wet floor in a store to tripping over uneven pavement in a parking lot, these incidents fall under the legal concept of premises liability.
If you’ve been injured due to unsafe conditions on someone else’s property, you may have the right to seek compensation for your injuries. However, premises liability claims can be complex, requiring a clear understanding of the legal responsibilities of property owners and the steps you need to take as a victim.
In this blog, we’ll delve into the basics of premises liability law in South Carolina, the responsibilities of property owners, and what you should do if you’re injured on someone else’s property. If you’ve been injured and need legal assistance, the experienced team at Morris Law is here to help.
What Is Premises Liability?
Premises liability is a legal principle that holds property owners and occupiers responsible for maintaining a safe environment on their property. If a property owner’s negligence leads to hazardous conditions that cause injury to a visitor, they may be held liable for the resulting damages.
Premises liability claims often arise from situations such as wet floors, broken staircases, or negligent security. The National Safety Council reports that slips, trips, and falls are among the most common causes of injuries in public and private spaces, emphasizing the importance of maintaining safe conditions.
To succeed in a premises liability claim, the injured party must prove that the property owner’s negligence directly caused their injury.
Legal Responsibilities of Property Owners in South Carolina
South Carolina law requires property owners to maintain safe conditions for visitors. However, the level of responsibility varies depending on the visitor’s status: invitee, licensee, or trespasser.
- Invitees
Invitees are individuals who enter a property for the mutual benefit of both parties, such as customers in a store or tenants in an apartment complex. Property owners owe invitees the highest duty of care, which includes:- Regularly inspecting the property for hazards.
- Fixing unsafe conditions in a timely manner.
- Providing adequate warnings for dangers that cannot be immediately resolved (e.g., “Wet Floor” signs).
- Licensees
Licensees are individuals who enter a property for their own purposes or as social guests, such as friends visiting a home. Property owners owe licensees a duty to warn them of known hazards that may not be obvious, such as a loose step or a poorly lit walkway. - Trespassers
Trespassers are individuals who enter a property without permission. In general, property owners owe trespassers a lower duty of care. However, they must refrain from willfully or wantonly causing harm. For example, setting traps to intentionally harm trespassers is illegal.
In the case of child trespassers, property owners may be held to a higher standard under the attractive nuisance doctrine, which applies to hazards like swimming pools or abandoned machinery that might attract children.
Common Causes of Premises Liability Accidents
Premises liability accidents can occur in various settings and for many reasons. Common causes include:
- Wet or slippery floors without warning signs.
- Uneven sidewalks or pavement.
- Poorly maintained elevators or escalators.
- Cluttered walkways or tripping hazards.
- Inadequate lighting in stairwells or parking lots.
- Broken or unstable handrails on stairs.
- Failure to remove snow, ice, or debris in a timely manner.
Steps to Take If You’re Injured on Someone Else’s Property
If you sustain an injury due to unsafe conditions on someone else’s property, taking the right steps can protect your health and strengthen your premises liability claim.
- Seek Medical Attention Immediately
Your health should always be your top priority. Seek medical attention promptly, even if your injuries seem minor at first. A medical evaluation can document the extent of your injuries, which is critical for your claim. - Report the Incident
Notify the property owner, manager, or landlord about the accident as soon as possible. For example, if you slip and fall in a store, inform a manager and request a written incident report. Be sure to obtain a copy of the report for your records. - Document the Scene
Gather evidence at the accident site to support your claim. Use your phone to take photos or videos of the hazardous condition that caused your injury. Capture details like:- The exact location of the accident.
- The dangerous condition (e.g., a wet floor or broken step).
- Any visible injuries.
- Collect Witness Information
If anyone witnessed the accident, ask for their names and contact information. Their statements could be valuable evidence to corroborate your claim. - Preserve Evidence
Keep any physical evidence related to the accident, such as torn or dirty clothing or shoes. This evidence can help demonstrate the severity of the incident. - Avoid Speaking to Insurance Adjusters Alone
Insurance adjusters may contact you to discuss your claim. Be cautious about providing statements or accepting a settlement offer without consulting an attorney. Adjusters often aim to minimize payouts, and anything you say could be used against you. - Contact a Premises Liability Attorney
Premises liability cases can be legally complex, and having an experienced attorney on your side can make all the difference. The legal team at Morris Law can help you navigate the process, gather evidence, and negotiate with insurance companies to secure the compensation you deserve.
How Morris Law Can Help
Premises liability cases require a thorough understanding of South Carolina law and the ability to gather compelling evidence. The team at Morris Law has extensive experience handling premises liability claims and fighting for the rights of injured victims.
Here’s how we can assist you:
- Investigating the accident and identifying liable parties.
- Collecting and preserving critical evidence, including surveillance footage and maintenance records.
- Working with medical experts to assess the extent of your injuries and calculate damages.
- Negotiating with insurance companies to secure fair compensation.
- Representing you in court, if necessary.
Final Thoughts
Premises liability cases can be challenging, but you don’t have to navigate the legal system alone. If you’ve been injured on someone else’s property due to unsafe conditions, the experienced attorneys at Morris Law are here to help. We’ll fight to protect your rights and ensure you receive the compensation you deserve.Contact us today for a consultation to discuss your case. Let us handle the legal complexities while you focus on your recovery.
