Property owners are responsible for more than what they deem as acceptable upkeep. They are responsible for the safety of their visitors. If you were the victim of an unfortunate accident on someone else’s property, you might have an opportunity to seek recovery.
Figuring out your rights, legal doctrines, and negotiating with insurance companies and lawyers could be a daunting task for anyone. A knowledgeable and experienced Florence premises liability lawyer could help guide you through the process. With the help of a local personal injury attorney, you could better discover what options might be available in your case.
An Overview of Premises Liability in Florence
Premises liability holds property owners accountable for failing to make the property safe. It incorporates elements of negligence in order to hold property owners liable for accidents for failing to exercise reasonable care to maintain the property. Some examples of unsafe conditions might include:
- Wet floors
- Ice and snow
- Toxic fumes
- Defective floors or ceilings
For more information, victims of unfortunate accidents such as these should contact a Florence premises liability lawyer.
Standard of Proof
Premises liability plaintiffs in Florence trying to prove negligence are required to show that the defendant owner owed them a duty of care, breached that duty of care, and caused them injuries because of that breach. A duty of care would arise when the property owner had the knowledge or should have had knowledge of the unsafe condition on the property, such as a wet floor. The property owner would be would breach that obligation if they failed to remedy the unsafe condition and mop up the wet floor within a reasonable time.
Statute of Limitations
Premises liability victims in Florence are required to file their lawsuits within an allotted time frame. This time frame is also known as a statute of limitations. Under South Carolina Code §15-3-530, plaintiffs have three years to file their personal injury lawsuit. To ensure prompt filing, victims should consider working with a Florence premises liability lawyer.
Invitees, Licensees, and Trespassers
Owners owe different levels of care to different kinds of visitors. Traditionally, trespassers were not required any duty of care by a landowner. However, courts have decided that landowners still owe a duty to exercise reasonable care to avoid reasonably foreseeable risk of harm to a child, even if they are trespassing.
A licensee is someone with express or implied permission to enter the premises for their own amusement, such as friends or family members visiting. Property owners have a duty to warn licensees of dangerous conditions that could lead to an unreasonable risk of harm if the landowner has knowledge of the condition, and the licensee is not likely to discover that condition.
Invitees are visitors that are on the property to benefit the landowner, such as a shopper in a store. However, landowners still owe a duty of reasonable care to maintain the property in a reasonably safe condition for invitees. For example, if someone is going to their local supermarket and slip and falls on a puddle of spilled milk, the supermarket could be held liable for not taking reasonable care to mop up the milk within a reasonable time.
Contact a Florence Premises Liability Attorney Today
An injury while visiting another’s property is not uncommon, and there are avenues that you may be able to take to receive just compensation for your losses. Depending on your circumstances, a Florence premises liability lawyer could help you develop your options and pursue the recovery you are entitled to receive. Call now to get started on your case today.