If you were injured on someone else’s property because of a hazardous condition, premises liability law can be the tool you use to hold the property owner accountable for the loss you suffered. Under this theory of the law, property owners are obligated to maintain their properties in such a way that visitors and guests don’t come to harm due to unsafe conditions. If they don’t meet their legal obligations, their visitors could sustain painful injuries. You should hire a premises liability lawyer in Summerville, SC to help with your injury claims.
Getting injured on someone else’s property is unexpected, but you can exercise your legal options as the injured party to seek justice while you recover. The Summerville premises liability lawyers of [firm-name] can pursue the compensation you deserve after someone else’s negligence harmed you. Call our lawyers today or contact us online for your free consultation about how we can help.
Can You Sue Someone for Getting Injured on Their Property?
Yes, in most cases. Property owners have a different duty of care to three different types of people who might come onto their property.
An invitee is a person the property owner has invited onto their property for the property owner’s benefit. These can be public invitees (on land that is open to the public) or business invitees (like customers visiting a store). The property owner has the highest level of responsibility to these people. The owner must inspect their property regularly for unsafe conditions and fix them or warn visitors of the dangers.
A licensee is a person who is on the property with the owner’s permission, but not because they benefit the owner in some way. These people can be social guests. The property owner’s responsibility to these people is that they must take reasonable care to avoid causing them harm and must warn them about concealed dangers.
A trespasser is a person who enters the property without permission. The property owner’s only duty is not to harm them intentionally.
Property owners have a duty of care to maintain safe conditions and warn of dangers to their invitees and licensees. If they fail to adhere to these responsibilities, you can pursue a claim against them to seek compensation for your accident-related injuries. If the property owner’s negligence is proven, this can lead to a personal injury lawsuit.
Common Causes for Slip-and-Fall Accidents
Slip and fall accidents are among the most common premises liability cases. Some prevalent causes of slip and fall accidents include:
- Lack of Proper Maintenance – Neglected maintenance can lead to cracked or broken sidewalks, loose carpeting, or torn flooring materials that pose tripping hazards.
- Wet or Uneven Surfaces – Slippery floors due to spills, recently mopped areas without warning signs, or uneven flooring surfaces can easily cause someone to lose their footing. Keeping surfaces even and dry and marking temporary hazards is crucial for safety.
- Environmental Factors – Environmental factors significantly contribute to slip-and-fall accidents, especially when they are unaddressed. Poor weather-proofing of entryways can lead to slippery conditions indoors, outdoor areas that aren’t maintained can become hazardous during adverse weather, and inadequate salting, snow shoveling, or ignored puddles and ice patches can create slick surfaces.
- Cluttered Walkways – Objects or debris obstructing walkways, aisles, or corridors can cause individuals to trip and fall. Keeping hallways or walkways clear of boxes, cables, and equipment can prevent accidents.
- Inadequate Lighting – Poorly lit areas make it difficult to see obstacles or changes in floor elevation, contributing to accidents, especially in stairwells or corridors.
- Lack of Handrails or Guardrails – Missing or improperly installed handrails on stairs or ramps can increase the likelihood of falls, particularly for elderly individuals or those with mobility challenges.
- Negligent Cleaning Practices – Improper cleaning methods or excessive amounts of polish or wax on floors can make surfaces dangerous to walk on safely, potentially causing accidents.
- Failure to Address Known Hazards – Property owners who fail to promptly repair known hazards or provide adequate warning signs for temporary hazards can be liable for resulting injuries.
These incidents can result in serious injuries requiring significant medical attention.
Other Premises Liability Claims
Slip and fall accidents are not the only kind of premises liability case. You may have a claim if you were injured on someone else’s property by a dog bite, in a swimming pool or sports stadium, in or near a construction site, on a playground, or in a park. Any time you were injured on someone else’s property because of an unsafe condition there, you could have a premises liability claim. Premises liability attorneys can help handle the complexities of such cases, proving liability and seeking compensation for your injuries.
Common Premises Liability Accident Injuries
Slip and fall accidents can lead to a variety of injuries, ranging from minor bruises to severe trauma. Some common injuries associated with slip and fall accidents include:
- Fractures
- Cuts and Bruises
- Soft Tissue Injuries
- Head and Brain Injuries
- Back and Spinal Cord Injuries
- Dislocations
- Sprains or Strains
- Internal Injuries
These injuries can lead to significant medical expenses.
Potential Compensation for Premises Liability Claims
An injury results in several kinds of losses, and you can pursue compensation for all of them in your premises liability claim, including:
- Medical Costs – Compensation for past and future medical bills related to the injury, such as hospital stays, surgeries, medications, rehabilitation, and therapy, are included in this category.
- Lost Wages – If the injury prevents you from working or requires you to take time off for recovery, you may seek compensation for your lost wages.
- Loss of Future Earning Capacity – If your injury means you must change careers to one less profitable or prevents you from working at all in the future, you can seek compensation to cover this loss.
- Pain and Suffering – Injuries can cause persistent physical pain and emotional distress, diminishing your quality of life. These losses have value, and you can be compensated for them.
- Loss of Enjoyment of Life – Your injury may prevent you from enjoying your daily hobbies or recreational activities. You can include this loss in your injury claim.
Personal injury lawsuits can help victims recover these costs by handling the complexities of premises liability law and ensuring they understand their rights and the processes involved in seeking damages.
Do I Need a Lawyer for My Premises Liability Case?
While you’re not required to consult a lawyer for premises liability cases, a personal injury attorney from [firm-name] can provide crucial legal help. Consider several factors when determining whether you should call a premises liability attorney, including:
- Complexity of the Case – Premises liability cases can involve complex legal issues, including proving negligence, gathering evidence, and navigating insurance negotiations or court proceedings. A lawyer with experience in premises liability can navigate these situations effectively on your behalf.
- Severity of Injuries – If your injuries are severe, require ongoing medical treatment, or have resulted in long-term impairment, a lawyer can properly assess your losses and seek fair compensation that covers all current and future expenses.
- Insurance Company Communications – Insurance companies often try to minimize payouts or deny claims outright. Your lawyer can handle all the communications and negotiations with the insurer, advocating for fair compensation and protecting your rights.
- Peace of Mind – Dealing with the aftermath of an injury can be stressful. A premises liability lawyer can alleviate this burden by managing the legal aspects of your case, allowing you to focus on recovery.
Additionally, a Summerville premises liability attorney can provide specialized local expertise, ensuring you receive adequate compensation for injuries sustained due to negligence.
How a Premises Liability Attorney Can Help
A premises liability attorney can provide critical legal advice during a stressful time. They can help with every step of the claims process, including:
- Case Evaluation and Investigation – Your lawyer will thoroughly investigate your accident and gather evidence. This can include witness statements, incident reports, and scene photographs. This information helps establish liability and strengthens your case.
- Liability Determination – Establishing liability in premises liability cases requires demonstrating that the property owner knew or should have known about the hazardous condition and failed to take reasonable steps to address it or failed to warn you about it. Your lawyer will know how to build a compelling case to prove negligence.
- Loss Evaluation – You may not be aware of the full impact of your injury. An experienced lawyer who has handled many premises liability cases will know how to accurately assess the total value of your claim. This is done without overlooking any potential loss, present or future.
- Settlement Negotiations – Insurance companies may try to minimize payouts or deny claims altogether. Your lawyer can handle all communication with insurers, negotiating for a fair settlement that adequately compensates you for your losses.
- Litigation Representation – Your premises liability lawyer can file a lawsuit in court if negotiations do not yield an adequate settlement. They will represent your interests in litigation, presenting evidence, cross-examining witnesses, and arguing your case before a judge or jury. A premises liability lawsuit requires thorough preparation and a solid legal strategy to effectively support your case.
What Is the Statute of Limitations for South Carolina Premises Liability Claims?
The statute of limitations for premises liability claims in South Carolina allows three years in which an injured person can file a lawsuit against the party that harmed them. Failing to file within this time frame typically results in the court dismissing your case. This bars you from seeking compensation for your injuries in court. A premises liability attorney in Summerville can ensure all deadlines are met.
Contact a Summerville Premises Liability Lawyer Today
Building a premises liability claim and adhering to South Carolina law and court procedure rules can be intimidating, but you don’t have to handle your case on your own. At [firm-name], we provide personalized legal help to injured clients daily. Our team of lawyers know the struggles you’re dealing with.
Dealing with an injury can be isolating, but with our law firm’s empathetic, supportive care, you’ll feel better knowing. We’ll look out for your best interests in your claim while you recover. Call today at [phone-number linked=true] or contact us online for your free consultation to discuss your claim. Summerville personal injury lawyers are available to help with your case and get the compensation you deserve.