Premises liability stems from someone failing to maintain their property and ensure safety for visitors or guests to their property. Charleston property owners—including business owners, home owners, employers, and public office—all have a duty to maintain the safety of their space. Failing to do so could constitute legal negligence and lead to civil liability.
If you sustained an injury while on the property of another party, an experienced Charleston premises liability lawyer could be of assistance. A dedicated personal injury attorney could investigate your claim, help identify negligent parties, and fight on your behalf for the compensation you need to recover.
Different Types of Premises Liability Claims
Any injury that occurs on someone else’s property could lead to a claim of premises liability. Some of the most common types of injuries that occur around Charleston properties include:
Usually, premises liability claims require demonstrating actual harm suffered as a result of an injury in order to seek compensation. Regardless of the type of injury suffered on another person’s property, an experienced Charleston premises liability attorney could help victims evaluate damages and collect evidence supporting their claim.
Liability when Victims are Hurt on Premises
Not every injury that occurs on someone else’s property automatically leads to a premises liability claim. In order to achieve a successful claim in Charleston, a premises liability lawyer must demonstrate the liability of an owner or property manager.
When determining liability, the courts considers several factors, including whether an owner knew of—or reasonably should have known—the danger. A dedicated attorney could help determine liability by investigating whether the owner took steps to regularly inspect the land or facilities and repair hazards within a reasonable time period, whether the owner warned visitors to the property of the danger, and if the owner acted negligently in failing to address a danger on their property.
Negligence Laws in Premises Liability Cases
South Carolina employs a rule called comparative negligence. While negligence can be generally defined as acting with a disregard for reasonable safety, comparative negligence may be a factor when multiple parties acted with negligence. In these cases, however, injured people who bear some fault for their own damages could still potentially recover.
For instance, if a court determines the plaintiff in a premises liability case was trespassing on a property or provoking an animal that then bit them, their potential compensation could be reduced by the percentage of fault the court determines they hold. If the plaintiff holds more than 51 percent of the total fault, the court may bar recovery altogether.
Working with a Charleston Premises Liability Attorney
No matter how an accident on someone else’s property occurred, a skilled Charleston premises liability attorney could help you seek compensation for injuries. You may be eligible to seek a variety of damages, including repayment of economic losses such as medical bills, lost wages, and costs of therapies and medication.
Depending on your circumstances, you could also seek nonmonetary damage awards, including payment for pain and suffering or loss of enjoyment in life. Contact an experienced attorney and allow them to review your case, help evaluate your claim, and determine damages you may be eligible to obtain.
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