How to Protect Your Rights After a Charleston Premises Liability Accident
South Carolina law requires property owners and managers to maintain safe conditions and address reasonably foreseeable potential hazards that could hurt visitors. When they fail to uphold this duty of care, you can suffer severe injuries through no fault of your own.
If you have been hurt on someone else's property in the Charleston area, you may be entitled to compensation through a premises liability claim. The Charleston premises liability lawyers at Derrick Law Firm Injury Lawyers are committed to advocating for the rights of those injured due to property owner negligence. This article will provide an in-depth look at premises liability law in South Carolina, the types of accidents that may warrant a claim, and the steps you can take to protect your legal rights after an incident.
Understanding South Carolina Premises Liability Law
Premises liability is an area of personal injury law that deals with injuries that occur on someone else's property due to unsafe conditions or lack of proper maintenance. Under South Carolina law, property owners and occupiers are legally obligated to keep their premises reasonably safe for visitors. This duty of care varies based on the visitor's classification, which may be one of the following:
- Invitees. An invitee is someone who enters a property for the owner's commercial benefit, such as customers at a business or restaurant patrons. Whether you are shopping on King Street, enjoying the nightlife on Market Street, or are at any other Charleston business, property owners owe the highest duty of care to invitees and have a legal duty to inspect the property for hazards and either repair defects or warn of dangers.
- Licensees. You may be considered a licensee if you are a guest and enter a property with the owner’s consent for non-business purposes. Property owners have a duty to warn guests of known hazards.
- Trespassers. Property owners typically do not owe a duty of care to trespassers. However, they should not willfully cause them harm.
To hold a property owner liable for your injuries in Charleston, you must establish that:
- The property owner owed you a duty of care based on your visitor status.
- The property owner breached this duty by failing to maintain reasonably safe conditions or warn of known hazards.
- This breach of duty directly caused your injuries.
- You suffered quantifiable damages, such as medical expenses, lost wages, or pain and suffering.
Common Types of Premises Liability Accidents in Charleston
Premises liability accidents can occur on any type of property. Whether you are visiting Charleston on vacation or for business, or you live in the Holy City, we encourage you to be aware of the following types of potential accidents:
Slip and Fall Accidents
Slips, trips, and falls are among the most common premises liability accidents. These incidents can occur due to hazardous conditions such as:
- Wet floors
- Uneven floors or loose carpeting
- Inadequate lighting
- Cluttered walkways
Additionally, defective stairways or handrails can cause slip and fall accidents from heights. Some slip and fall accidents result in relatively minor injuries like embarrassment or bruises. However, others can result in severe injuries, such as brain injuries, spinal cord damage, or broken bones.
Swimming Pool Accidents
Swimming pool owners have a heightened duty of care to ensure their pools are safely maintained and adequately secured to prevent accidental drownings or injuries, especially involving children. Lack of proper fencing, supervision, or safety equipment can lead to premises liability claims.
Elevator and Escalator Accidents
Malfunctioning elevators or escalators can cause severe injuries, such as crushing injuries, falls, or entrapment. Property owners have a duty of care to regularly inspect and maintain these systems to prevent injuries.
Inadequate Security
Property owners may sometimes be liable for criminal acts on their premises if they fail to provide adequate security measures, such as proper lighting, surveillance cameras, or security personnel in high-risk areas.
Dog Bites and Animal Attacks
Under South Carolina's strict liability laws, dog owners are responsible for injuries caused by their pets, regardless of whether the animal has a history of aggression. Property owners must take reasonable steps to restrain animals and prevent attacks.
These are just a few examples of premises liability accidents that can occur in Charleston. Regardless of the circumstances, if you were injured due to a property owner's negligence, you should consult a Charleston premises liability lawyer for more information.
7 Steps to Take After an Accident on Someone Else’s Property
Knowing what to do when you’re hurt at a Charleston business or private residence can be confusing. Some things you can do to protect yourself include:
1. Seek medical attention. Seek prompt medical treatment for any injuries, even if they initially seem minor. Some injuries, like head trauma or internal bleeding, may not present immediate symptoms. Prompt medical attention could prevent your injuries from worsening, relieve pain, and provide valuable evidence if you pursue a premises liability case.
2. Report the incident. Notify the property owner, manager, or appropriate authority about the accident as soon as possible. Request a copy of the incident report for your records.
3. Document the scene. Take photographs or videos of the accident scene, paying close attention to the hazardous condition that caused your injuries. Capture images from multiple angles and include any visible injuries, if possible.
4. Obtain witness contact information. If any witnesses saw what happened, collect their names and contact information. Their statements could be valuable evidence in your case.
5. Preserve evidence after the accident. Keep any clothing, shoes, or personal belongings damaged during the accident. These items may serve as significant evidence.
6. Avoid discussing fault. While reporting the incident is essential, avoid making statements that could be construed as admitting fault to the insurance company. Also, do not post about the accident, injuries, or activities on social media. These statements could potentially undermine your claim.
7. Contact a Charleston personal injury lawyer. Consult with one of our experienced premises liability lawyers as soon as possible. We can evaluate your case and advise you on your legal rights and options.
