The degree to which a Moncks Corner property owner owes a duty to protect a visitor varies under South Carolina premises liability laws. When an injury accident happens on the property of another person, several factors determine the specific duty owed by the property owner. If a property owner breaches a duty of care owed to a visitor, they could face liability for any injuries the visitor receives.
If you suffered harm on someone else’s property, you could benefit from discussing your case with a seasoned injury attorney. Building a winning premises liability claim is challenging, but a Moncks Corner premises liability lawyer could help get you started. Call to schedule a consultation.
Classification of Visitors in a Moncks Corner Premises Liability Case
Central to every Moncks Corner premises liability case is the theory that a landowner must take reasonable steps to shield a visitor from danger. However, the duty owed to a specific visitor, and what constitutes a reasonable effort to protect them depends on the visitor’s relationship to the property. A Moncks Corner premises liability attorney should identify the category of visitor their client falls into. The categories include:
An invitee enters a property with the permission of the landowner. They also enter the property for the benefit of the landowner. Examples of an invitee include business customers or home contractors. A property owner owes a Moncks Corner invitee a duty to keep the premises safe, as well as the duty to warn of hidden dangers.
A property owner does not owe a licensee the same duty as an invitee. While a licensee enters the property with permission, they do so for their own purposes. A common example of a licensee includes a social visitor. A property owner owes a Moncks Corner licensee the duty to warn of hidden hazards.
A trespasser enters a Moncks Corner property without permission. In most cases, a landowner owes no duty to an adult trespasser. The same is not true for child trespassers, however.
The Duty Owed to Children
While there are three different categories of adults that each carry their own duty of care, a Moncks Corner property owner owes the same duty to all children no matter their status. Any child, even a trespasser, could prevail in a premises liability claim if injured in an “attractive nuisance” on the landowner’s property.
An attractive nuisance is any feature on the premises that:
- Is inherently attractive to children, and
- Presents a safety risk that is not obvious to children
When a child is too immature to appreciate the danger of a situation, the property owner could face liability for injuries they receive. Common examples of an attractive nuisance include an empty swimming pool or discarded refrigerator.
There are some defenses available to a property owner, however. If the cost to remedy to nuisance is unreasonable, a jury might not find the property owner liable. To learn more about potential defenses in an attractive nuisance case, contact a Moncks Corner premises liability attorney.
Call a Moncks Corner Premises Liability Attorney Today
If you or someone you love suffered an injury on a Moncks Corner property, a skilled personal injury attorney could help. By filing an injury lawsuit, you could recover monetary compensation related to your injuries.
To begin the litigation process, you could use the guidance of a Moncks Corner premises liability lawyer. Call to schedule your consultation as soon as possible.