Property Owner Responsibility for Injuries
You may be a victim of a 'slip and fall' accident in a store. You may have injured yourself because of a defective stairwell or at a building where there were code violations. In South Carolina, you may be able to recover based on a premises liability legal action.
Understanding Premises Liability Law
Premises liability law concerns the duties of owners and occupants of property to those who enter that property. In recent years, Courts have held owner occupants responsible for foreseeable attacks and other security breaches.
The degree of duty depends on the status of the person entering the premises. For example, a shopper at a retail store is owed a high degree of care, while a trespasser is owed a low degree of care.
Visitor Classifications in South Carolina:
- Invitees (Business Customers): Owed the highest degree of care. Property owners must keep premises reasonably safe and warn of known dangers. In South Carolina, a business customer has the right to assume the safe condition of the premises.
- Licensees (Social Guests): Owed a duty to warn of known dangerous conditions that are not obvious.
- Trespassers: Owed a minimal duty - property owners must not willfully or wantonly injure trespassers.
Common Premises Liability Cases
Slip and Fall
Wet floors, spills, ice, and slippery surfaces
Trip and Fall
Uneven surfaces, potholes, and obstacles
Defective Stairs
Broken or poorly maintained stairwells
Code Violations
Buildings not meeting safety code requirements
Inadequate Lighting
Poor lighting creating dangerous conditions
Negligent Security
Foreseeable criminal attacks due to lack of security
Swimming Pool Accidents
Drowning and diving injuries
Parking Lot Hazards
Dangerous parking lot conditions
Falling Objects
Improperly stored items or structural failures
Property Owner Responsibilities
By law, business owners and occupants must keep their premises reasonably safe for business customers. In South Carolina, a business customer has the right to assume the safe condition of the premises.
Property Owner Duties Include:
- Regular inspection of the property for hazards
- Prompt repair or warning of dangerous conditions
- Adequate lighting in walkways and common areas
- Proper maintenance of stairs, railings, and walkways
- Warning signs for known hazards
- Reasonable security measures when foreseeable crimes may occur
- Compliance with building and safety codes
- Snow and ice removal (when applicable)
Types of Properties Where Accidents Occur
- Retail stores and shopping centers
- Restaurants and bars
- Hotels and motels
- Apartment complexes and rental properties
- Office buildings
- Parking lots and garages
- Privately owned residences
- Government buildings and public spaces
Our Investigation and Representation
Smith, Watts and Associates successfully represent people who have suffered injuries due to negligence involving premises liability actions. Part of our success is due to our top-notch investigative capability to determining facts.
We thoroughly investigate each case by:
- Documenting the scene with photographs and video
- Interviewing witnesses
- Obtaining incident reports and surveillance footage
- Reviewing property maintenance records
- Examining building code compliance
- Consulting with safety and engineering experts
- Analyzing prior similar incidents at the location
Recoverable Damages
Victims of premises liability accidents may recover compensation for:
- Medical expenses (emergency care, surgery, rehabilitation)
- Lost wages and loss of earning capacity
- Pain and suffering
- Permanent disability or disfigurement
- Loss of enjoyment of life
- Future medical care costs
Injured on Someone Else's Property?
If you have been injured due to a dangerous condition on someone else's property, contact Smith, Watts and Associates today for a free consultation. Our investigative expertise helps build strong cases.
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