Anything from a loose floorboard in a bustling beachfront restaurant to a dimly lit stairwell in a vacation rental can change what was meant to be a pleasant visit into a painful ordeal. Premises liability accidents in North Myrtle Beach may occur when property owners fail to address hazardous conditions, resulting in injuries that disrupt lives and create significant financial burdens.
What Does Premises Liability Mean in South Carolina?
Premises liability law defines the legal duty property owners owe to those who enter their land or buildings. The level of care required depends on the visitor's legal classification, which includes:
- Invitees. This group includes business customers, hotel guests, and patrons of entertainment venues. Property owners owe invitees the highest duty of care, which requires active efforts to inspect the premises, identify hidden dangers, and repair or warn of unsafe conditions.
- Licensees. Social guests or individuals visiting for their own purposes, like a neighbor, typically fall into this category. Owners must warn licensees of any known dangers, but do not have the same duty to conduct safety inspections.
- Trespassers. People who enter a property without permission fall under this category. They are owed the lowest duty of care since they were not invited onto the property. There is one critical exception, however. The "attractive nuisance" doctrine requires owners to secure hazards, such as swimming pools or construction equipment, that could foreseeably attract and injure children.
Premises liability claims hinge on proving the visitor’s classification, what the property owner knew or should have known about the dangerous condition, and what the property owner did about it. Some potential evidence in these types of cases includes maintenance logs, incident reports, and witness testimony.
Five Premises Liability Scenarios
Premises liability incidents can happen anywhere and in many different ways. Five possible types of premises liability cases include:
Slip and Fall Accidents
These are among the most reported premises liability incidents.
Possible dangers include:
- Freshly mopped floors
- Spilled liquids
- Uneven pavement
- Potholes
- Cracked or warped flooring
- Poorly maintained staircases with loose or missing handrails
The severity of injuries from a fall often depends on the victim’s age and the nature of the impact, but can range from sprains to traumatic brain or spinal injuries.
Inadequate Security Incidents
Property owners have a duty to provide reasonable security measures. When they fail to do so, and a visitor is assaulted, robbed, or otherwise harmed, the owner may bear liability. The level of security that needs to be provided depends on the property’s location, use, history of criminal incidents, and other factors. Possible inadequate security scenarios include poorly lit parking garages or walkways, broken or non-existent locks on doors and windows in rental properties, or a complete absence of security personnel in a location where such a presence is standard. A premises liability lawyer may investigate prior criminal incidents on or near the property, review security protocols, and consult experts to determine if a lack of reasonable security was a proximate cause of an injury.
Dog Bites and Animal Attacks
South Carolina law imposes strict liability on dog owners in most bite cases, meaning a victim does not need to prove the owner knew the dog was vicious. If the attack occurs while the victim is lawfully on the property, such as a mail carrier, guest, or customer at a business that allows pets, the owner may be liable. Incidents can occur in public spaces, common areas of residential complexes, or even inside rental properties where a landlord was aware of a dangerous animal but took no action. Some injuries require medical treatment and can leave lasting physical and psychological scars.
Swimming Pool Accidents
There are many swimming pools to enjoy in North Myrtle Beach and throughout South Carolina. Property owners may be responsible for injuries that occur in or around swimming pools if, for example, they:
- Failed to install proper anti-entrapment drain covers as required by federal law
- Did not install adequate fencing around pools
- Had insufficient depth markers, leading to diving accidents
- Hired untrained lifeguards or failed to have sufficient lifeguards on duty
Swimming pool accidents can result in drownings, near-drownings with brain damage, or catastrophic spinal cord injuries.
Elevator and Escalator Malfunctions
Elevator and elevator accidents caused by improper installation, poor maintenance, or lack of inspections can result in injuries. Common issues include sudden jerks or stops that throw passengers off balance, doors closing on individuals, or, in worst-case scenarios, a catastrophic free fall. Liability may extend beyond the property owner to include the maintenance company contracted to service the equipment if the company failed in its duties. These cases may require technical investigation and expert testimony to pinpoint the cause of the failure.
Actions to Consider After a Premises Liability Accident
The steps taken after a premises liability accident may influence physical and financial recoveries and may include:
- Seeking medical attention. A professional medical evaluation documents injuries and may establish a link between the accident and the resulting harm.
- Reporting the incident. Notify the property manager or owner and request a copy of any written incident report.
- Documenting the scene. Photograph the specific hazard, such as a spill, broken step, or poor lighting, from multiple angles.
- Collecting witness information. Obtain names and contact details of anyone who saw the accident occur.
- Preserving evidence. Keep torn clothing or damaged items, and start a file for all medical bills and records.
Additionally, avoid giving detailed or recorded statements to insurance adjusters before consulting a North Myrtle Beach premises liability lawyer.
Potential Compensation in a Premises Liability Claim
Recoverable compensation varies from case to case, but typically falls into key categories, such as:
- Medical expenses. This covers past and future costs for hospital care, surgery, rehabilitation, medications, and necessary medical equipment.
- Lost income. Compensation in this category includes wages lost during recovery and due to permanent disabilities that reduce future earning capacity.
- Pain and suffering. These damages account for physical pain, emotional distress, mental anguish, and loss of enjoyment of life.
In cases involving egregious misconduct, courts may also award punitive damages to punish the wrongdoer and deter future behavior.
Selecting a Premises Liability Lawyer
Choosing a North Myrtle Beach premises liability lawyer can be an important decision for injury victims. There is no one right way to do it. However, even though past results are not a guarantee of future outcomes, some people choose to consider a demonstrated history of handling similar claims. Additionally, they may consider whether a firm has the resources to consult necessary experts, and a firm’s communication style.
