If you were injured in a car accident, would you think twice before filing a claim? For most people, the answer is no, as seeking compensation for injuries in such cases feels straightforward. However, the same can’t always be said regarding premises liability claims.
In premises liability cases, people typically fall into two categories. The first group includes those injured in a “commercial setting,” such as sustaining injuries from a fall at a medical facility, experiencing food poisoning at a restaurant, or encountering hazardous conditions at a hotel. These individuals are often more inclined to pursue compensation through a premises liability claim. The second group includes individuals who get hurt on the property of someone they know (a friend, relative, or neighbor). These cases are often more sensitive, as victims may feel conflicted or guilty about pursuing legal action against someone they trust.
In this article, we will clarify premises liability law in South Carolina, discussing property owners’ legal obligations, visitors’ rights, and what victims should do before filing a claim.
What Is Premises Liability?
The premises liability law is a legal framework that establishes property owners’ responsibility to maintain safe conditions for visitors. This applies to both commercial businesses and private property owners, making them legally accountable when someone suffers an injury on their premises due to inadequate property maintenance or unsafe conditions.
Under South Carolina law, property owners (and, in some cases, occupiers/tenants on their behalf) have a duty to ensure their premises are reasonably safe for visitors or to provide adequate warnings about existing hazards. When this duty is breached and someone gets injured because of such negligence, the injured party may be entitled to seek compensation for their medical expenses, lost wages, pain, and other damages through a premises liability claim.
Types of Property Visitors in Premises Liability Cases
The legal duty a property owner owes to visitors varies significantly based on the visitor’s status and their relationship with the property:
Invitees (Business Guests)
Invitees are individuals who visit a property for business purposes, such as customers at a store or restaurant. These guests demand the highest duty of care because their presence financially benefits the property owner. Practically speaking, business owners must actively inspect their premises for potential hazards, maintain safe conditions, and remedy dangerous situations or provide adequate warnings. For example, a store owner must regularly check for spills, clean them up, and place warning signs to prevent slip-and-fall accidents.
Licensees (Social Guest)
Licensees are friends, relatives, neighbors, and others who have permission to enter the premises but provide no financial benefit to the owner. As such, property owners owe licensees a lesser duty of care than invitees. While they aren’t required to actively inspect for hazards, they must warn guests about any known dangers on the premises. For instance, if a homeowner knows about a loose stairboard, they must inform their guests. Liability usually arises when a property owner is aware of a danger but fails to disclose it
Trespassers
Trespassers are individuals who enter a property without permission. Therefore, property owners don’t owe trespassers any duty of care. However, while property owners generally are not required to protect adult trespassers from harm, an important exception applies to child trespassers. Known as the “attractive nuisance doctrine,” it requires property owners to take reasonable precautions to prevent injuries to children who might be attracted to dangerous features on their property, such as swimming pools, trampolines, or abandoned equipment.
Common Types of Premises Liability Cases
- Slip and Fall: Slip and fall accidents are one of the most common premises liability claims. They occur when hazardous conditions (such as wet floors, uneven surfaces, poor lighting, loose carpeting, or cluttered walkways) cause someone to slip, trip, or fall.
- Negligent Security: These cases arise when property owners fail to implement adequate security measures to protect visitors from foreseeable harm in locations such as apartment complexes, shopping centers, and parking garages. Common examples include insufficient lighting, lack of security personnel, missing surveillance cameras, or inadequate locks on doors and windows.
- Swimming Pool Accidents: Pool-related premises liability cases typically involve inadequate safety measures or poor maintenance of swimming facilities. Hazards include a lack of fencing, missing warning signs, poor supervision, faulty equipment, or unsafe pool designs.
- Animal Attacks: Property owners can be held liable for injuries caused by their animals (such as dog bites), particularly if they knew or should have known the animal posed a danger. Liability is often established through evidence of previous aggressive behavior or the owner’s failure to take reasonable precautions.
The Visitor’s Responsibility
While property owners bear significant responsibility for visitor safety, visitors also have a responsibility to use the property as intended and exercise reasonable caution. Examples of improper use of premises include running in a swimming pool area despite clear “No Running” signs, or interfering with “open and obvious hazards” that a reasonable person would recognize and avoid. If a visitor’s negligence contributes to their injury, it may reduce or eliminate their ability to recover compensation.
Insurance Coverage in Premises Liability Cases
If you’re injured on a friend or family member’s property, filing a claim might feel uncomfortable, but it’s important to know that their homeowner’s insurance typically covers the damages. This means you’re not taking money directly from their pocket.
Homeowner’s insurance exists for situations like these, and using it doesn’t harm your loved one personally. Filing a claim is simply a way to ensure your financial needs are met while allowing your relationship to remain intact.
Considering Filing a Premises Liability Lawsuit in SC? Keep These Things in Mind
If you’re considering filing a premises liability lawsuit in South Carolina, you should be aware of several key challenges:
- The Burden of Proof: You must demonstrate that a genuine hazard existed on the property and that your injury wasn’t simply due to your inattention. This often requires substantial documentation and evidence.
- Determining Fault: You need to establish all three elements of negligence: that the property owner owed you a duty of care, that they violated this duty, and that this violation directly caused your injury.
- Statute of Limitations: South Carolina’s statute of limitations gives you three years from the date of injury to file your lawsuit.
- Claim Classification: You must determine whether your case is better pursued as a premises liability claim or a personal injury claim, as this choice can significantly impact your case strategy and outcome.
- Personal Relationships: When the property owner is a friend or family member, the emotional aspects of filing a claim can make the process more complicated.
Given these challenges, consulting with an experienced premises liability attorney who can evaluate your case and guide you through the legal process is recommended. At Bluestein Attorneys, our team has extensive experience handling premises liability cases throughout South Carolina. We can help assess your situation, explain your options, and work to protect your rights while seeking fair compensation for your injuries. Contact us today for a consultation about your premises liability case. Let us help you understand your rights and determine the most effective path forward for your situation.
