Can I File a Premises Liability Claim in South Carolina?

If you were injured while shopping, attending a social event, or even visiting a private residence, you have rights. In this post, we’ll explore who can file a premises liability claim in South Carolina and how property owners' responsibilities can vary depending on the type of visitor.

What is Premises Liability?

Premises liability means that property owners can be held legally responsible if someone is injured on their property due to unsafe conditions. In South Carolina, premises liability applies to businesses, private landowners, and even tenants. These claims cover a wide range of injuries, from slip-and-fall accidents to criminal acts committed by third parties.

Examples of Premises Liability Claims:

Slip-and-Fall Accidents: Slipping on a wet hotel lobby floor with no warning signs.

Inadequate Security: Being assaulted in a parking garage with poor lighting and no security.

Falling Objects: Being injured by merchandise falling from a high shelf in a warehouse.

Types of Visitors and Their Rights in South Carolina:

Property owners’ responsibilities change based on the type of visitor. In South Carolina, visitors are categorized as:

1. Invitees: Business Customers

Invitees are people who enter a property for business purposes, like customers in a store, restaurant, or shopping mall. Business owners owe these visitors the highest duty of care. They must keep the property safe and actively look for potential hazards to prevent injuries

For instance, a grocery store owner must make sure spills are cleaned up quickly and warning signs are up if the floor is slippery. If a customer slips on an unmarked spill, they may have grounds to file a premises liability claim.

2. Licensees: Social Guests

Licensees are people who are invited to a property for social reasons, such as dinner guests or friends at a party. The property owner or host isn’t required to search for dangers, but they must warn guests about any known hidden hazards.

For instance, if they have rotting or unsafe stairs in their house and don’t mention it to their guest, they could be liable for any resulting injuries. 

3. Trespassers: Adults and Children

In general, property owners have no legal duty to protect adult trespassers (people who enter without permission). However, there’s an exception for child trespassers. Under the “attractive nuisance” doctrine, if a property has something dangerous that might attract children, like an unfenced swimming pool, the owner must take reasonable steps to prevent harm.

How a Charleston Personal Injury Lawyer Can Help

Understanding whether you have a valid premises liability claim depends on the circumstances of your visit and the property owner’s legal duty. A Charleston personal injury lawyer can help by assessing your situation, gathering evidence, and explaining your rights. They can also negotiate with the property owner’s insurance company or represent you in court if necessary.

Reach Out to Riders Law Group Now to Learn More About Your Legal Options

If you’ve been injured on someone else’s property in South Carolina, you may have the right to file a premises liability claim. Contact Riders Law Group today to speak with a Charleston personal injury lawyer. We’ll review your case and help you understand your options for getting the compensation you deserve.

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If you’ve been injured due to someone else's negligence in South Carolina, it can be hard to know what to do next. At Riders Law Group we can help you get the compensation you deserve to continue providing for your family and to recover after an accident. 

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