It is reasonable for people who visit the land of another to expect safety from harm. This includes protection against intentional acts of violence as well as accidents. While it is true that a landowner must protect visitors from harm, this extent to which they must act does vary.
Premises liability claims may arise out of a variety of situations. Something as simple as a slip and fall may leave a property owner responsible for a person’s losses. In some cases, even the criminal acts of third parties may make a property owner liable if the owner did not take proper steps to prevent the crime.
A Myrtle Beach premises liability lawyer could help injured individuals to promote their rights after injuries that occur on another party’s land. Responsive legal professionals could help determine a person’s rights under State law and evaluate whether the landowner failed to provide adequate protection.
What is a Premises Liability Claim?
Premises liability claims describe personal injury cases that arise out of injuries that occur while visiting the land of another party. These landowners have a duty to keep visitors on their land safe, and if an injury does occur, that landowner may be responsible.
Perhaps the most obvious example of a premises liability claim is that of a slip and fall. If a landowner allows a puddle of liquid to form in areas where guests have access, the owner may be liable if the guest slips and falls. Similar rules require a property owner to keep the land in good repair. That owner may be liable if a broken stair, faulty handrailing, or a lack of lighting contribute to an injury.
Premises liability claims also describe situations where a third-party commits a criminal act. If a landowner fails to provide proper locks on an apartment complex, has inadequate lighting outside their business, or does not hire enough security staff for their bar or restaurant, they may be liable for assaults, kidnappings, or sexual abuse. A Myrtle Beach premises liability attorney could help to explain what it means to pursue a lawsuit using this theory of law.
When Does a Landowner Owe a Visitor a Duty of Care?
As stated above, premises liability claims can arise out of many forms of conduct. However, an injured person can only expect to collect compensation for their losses if they can prove that the landowner owed them a duty of care. In short, this means demonstrating that the landowner had an obligation to keep them safe.
State law groups visitors on land into one of three categories. The first are trespassers. These people enter land without the permission or knowledge of the owner. In these situations, landowners must only refrain from causing intentional harm to the visitor.
The second groups of visitors are those that have permission to enter the land. If they enter for their own benefit, such as to attend a party, they are licensees in the eyes of the law. Owners must warn licensees of any known hazard that may cause an injury.
Finally, people who enter land with permission and for the benefit of the owner are invitees. These include shoppers and patrons in a church. Owners in this scenario must warn guests of known dangers and have a duty to inspect their land for potential hazards.
No matter in which category a visitor falls, they all must adhere to the same statute of limitations. This is the time limit to demand payment in court. According to South Carolina Code §15-3-530, this time limit is three years. Contact a Myrtle Beach premises liability attorney today to learn more about visitors’ rights under the law.
Let a Myrtle Beach Premises Liability Attorney Help Pursue the Claim
Suffering a personal injury while visiting land that is the property of another can place you in a difficult position. There is no doubt that you endured a physical harm. In addition, this harm could also inflict emotional trauma and economic damages. However, the owner may deny that they had a duty to protect you. Or their insurance company may state that your own actions caused the injury. It is not surprising that many people become discouraged.
A Myrtle Beach premises liability lawyer is here to help you. Whether your injury was the result of a slip and fall, a broken stair, or a failure of a landowner to prevent crime, an attorney could help to press for your legal rights. Contact a lawyer today to see how they could take the lead in your case and allow you to focus on getting back to normal.