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.