Premises Liability

Premises Liability Attorney in Charleston

When you visit a grocery store, a friend’s home, or a public park in Charleston, you have a reasonable expectation of safety. South Carolina property owners are legally obligated to ensure their premises are safe and warn visitors of any known hazards. When they fail in this duty and someone is seriously injured, they can and should be held financially responsible. This area of personal injury law is known as premises liability.

If you or a loved one has been hurt on someone else’s property due to unsafe conditions, you may be facing significant medical bills, lost wages, and immense pain. The lawyers at Fuller Law are here to help. Our Charleston premises liability lawyers are dedicated to fighting for the rights of the injured.

We understand how to prove a property owner’s negligence and will fight aggressively to secure the fair compensation you need to recover. Contact us to schedule a case assessment.

Understanding Premises Liability in South Carolina

Premises liability is a legal principle that holds property owners accountable for accidents and injuries that occur on their property. The core of any premises liability case is negligence. Getting hurt on another’s property is not a sufficient basis for a valid claim. To pursue legal action, we must demonstrate that the property owner was negligent in their duty to keep the premises reasonably safe.

This means we must prove that the owner knew, or reasonably should have known, about a dangerous property condition and failed to take appropriate steps to fix it or adequately warn visitors. When this negligence leads to a premises liability accident, the victim can file a personal injury claim to recover damages for their losses. Our Charleston premises liability attorneys have experience building complex cases and holding negligent owners accountable.

The Importance of Your Visitor Status

Under South Carolina law, the level of care a property owner should extend to a visitor depends on the visitor’s legal status when the accident occurred.

There are three main categories of visitors:

  • Invitees: This is a person invited onto the property for the property owner’s commercial benefit, such as a customer in a store or a guest in a hotel. Property owners owe invitees the highest duty of care. They must actively inspect the premises for hidden dangers and repair them or provide adequate warning.
  • Licensees: A licensee is a social guest, like a friend visiting your home with the owner’s consent. The property owner must warn a licensee of any known hazards that the licensee is unlikely to discover on their own.
  • Trespassers: A trespasser is someone on the property without permission. Generally, property owners don’t have a duty of care to adult trespassers, except not to willfully or wantonly injure them.

Determining your visitor status is the first step our liability lawyers will take when evaluating your case.

Common Types of Premises Liability Accidents

While many people associate premises liability with a classic “slip and fall,” this area of law covers many incidents caused by dangerous property conditions. Our Charleston premises liability lawyers handle a variety of liability cases, including:

  • Slip and Fall Accidents: Caused by wet floors, spilled liquids, icy walkways, or unsecured rugs.
  • Trip and Fall Accidents: Resulting from broken stairs, uneven pavement, poor or improper lighting, or debris left in walkways.
  • Negligent Security: When inadequate security measures, like broken locks or poor lighting, lead to assaults or other criminal acts.
  • Dog Bites and Animal Attacks: Property owners can be found liable for injuries caused by their pets.
  • Elevator and Escalator Accidents: Malfunctions can cause severe injuries to passengers.
  • Construction Site Accidents: Open pits, falling debris, and other hazards on a construction site can injure non-workers who are lawfully on the premises.

Proving the Property Owner’s Negligence

Winning a premises liability lawsuit hinges on our ability to prove the property owner was negligent. Our legal team will conduct an in-depth investigation into the circumstances of your accident.

We will gather evidence to show that a hazardous condition existed, that the owner knew or should have known about it, that they failed to act reasonably, and that this failure directly caused your severe injuries.

Evidence in a premises liability case can include photographs of the hazard, surveillance footage, witness statements, maintenance logs, and incident reports. We leave no stone unturned in creating a compelling case demonstrating the property owner’s fault.

Injuries Resulting from Dangerous Property Conditions

Premises liability accidents occur suddenly and can leave victims with painful and debilitating injuries. Unlike minor bumps and bruises, the injuries from a serious fall or other accident can have lifelong consequences. We frequently represent clients who have suffered:

  • Traumatic Brain Injuries (TBIs): A fall can easily cause a person to hit their head, causing concussions or more severe brain injuries.
  • Spinal Cord Injuries: Falling down broken stairs or on a slippery surface can result in damage to the vertebrae or spinal cord, potentially causing paralysis.
  • Broken Bones: Fractures of the hip, wrist, ankle, and other bones are common in fall accidents.
  • Neck Injuries and Back Injuries: The jarring force of a fall can cause herniated discs and other painful back and neck injuries that require extensive physical therapy.

These injuries result in enormous medical bills and can prevent you from working, creating a significant financial burden on top of your physical pain.

What Compensation Can You Get in a Premises Liability Lawsuit?

If you suffered harm due to a property owner’s negligence, you can pursue compensation for all of your accident-related losses. Our primary goal is to secure compensation or a verdict that caters to your needs as you heal and rebuild. A premises liability claim can enable you to recover damages for:

  • Medical Expenses: Including emergency room visits, hospital stays, surgeries, medication, and ongoing physical therapy.
  • Lost Wages: Compensation for the income you lost while unable to work.
  • Future Lost Earnings: If your injuries result in a long-term or permanent disability.
  • Pain and Suffering: For the physical pain and emotional distress you have endured.
  • Damage to Personal Belongings: If your property was damaged in the incident.

Why You Need a Charleston Premises Liability Lawyer

Property owners and insurance companies often fight hard to avoid paying on liability claims. They may argue that the hazard was “open and obvious,” or worse, they may try to blame you for your own accident.

Having a skilled Charleston premises liability attorney from our law firm in your corner is your best defense against these tactics. We will protect your legal rights and handle all communications and negotiations with the insurance company. We know South Carolina law and are prepared to take your case to trial if that is what it takes to protect your best interests and achieve a just outcome.

Schedule a Consultation with Our Law Firm

You shouldn’t have to bear the financial burden of an injury resulting from someone else’s negligence. If you have been injured on another’s property, take the first step toward justice today. We will listen to your story, answer your questions, and provide a transparent and honest assessment of your legal options.

There is no cost or obligation, just the information you need to make an informed decision about your future. Contact Fuller Law at 843-994-6610 to schedule a consultation with an experienced liability lawyer in Charleston.