If you suffer an injury on someone else’s property in Charleston, you may be able to request compensation. This is due to the fact that a person is responsible for taking a reasonable level of care for their property. As such, someone who gets injured on this individual’s property may be able to seek damages on the grounds of premises liability.
Shelly Leeke Law Firm has been serving the community for 10+ years and can answer any questions you may have. In addition, we make it easy to reach an experienced Charleston personal injury lawyer. Contact us today to learn how your Charleston premises liability lawyer can help you file a civil lawsuit.
How to Prove Liability in a Charleston Premises Injury Claim
To move forward with a premises case, you need to show how the property owner failed to take care of the space where you were hurt. It is not enough to say the injury happened.
You have to walk people through what caused it, how it could have been avoided, and why it should not have happened in the first place.
Key Elements You Must Establish
It starts with proving that you were injured on someone else’s property. That part may seem straightforward, but you still need documentation. Medical records, photos, and witness statements can help show what happened and how serious it was.
Your premises liability lawyer in Charleston from Shelly Leeke Law Firm also needs to show that the person responsible for the property did not take care of something they should have.
Maybe a broken handrail was ignored, or a spill was left without a warning sign. If you were invited or had a reason to be there, they owed you a basic level of care. If that care was missing, that is where liability comes in.
Building Your Case with Evidence
Some of the most useful details come from the very beginning. Photos of the area, video footage if it exists, witness names, and any sort of written report can help paint the picture. Maintenance logs or inspection records can also show whether something was overlooked or ignored.
When things are more complicated, we may bring in professionals who know how to explain what went wrong. That could include safety experts, building inspectors, or medical specialists who can speak to your injury. Your premises liability attorney in Charleston can help make sure nothing important gets missed.
Settling a Premises Liability Case Before Trial
Many premises liability cases settle before ever making it to a courtroom. You might receive a settlement offer shortly after filing your claim, or you might wait several months before the other side is ready to negotiate. Either way, this part of the process requires patience and a clear plan. Our team will walk through each offer with you so you know when to move forward and when to hold off.
Every offer deserves careful review. You can accept, reject, or counter the proposal based on what it covers and how it compares to your actual losses. We are here to help you weigh the pros and cons of each option.
A Charleston premises liability advocate from our team will negotiate on your behalf, keep the conversation focused on your best interests, and push for an outcome that truly reflects what you have been through.
Examples of Premises Liability Accidents in Charleston
Premises liability accidents can happen at homes and businesses. They can include:
- Slip and Fall Accidents: You can slip and fall on a wet floor or any other uneven surface, suffer an injury, and sue for damages.
- Dog Bites: Dogs are viewed as property, and if someone’s dog attacks and bites you, the pet’s owner can be held financially responsible for your injury, under S.C. Code § 47-3-110.
- Construction Site Accidents: If a construction site is not blocked off correctly and you get injured while walking or driving through the site, you can request damages.
- Parking Lot Accidents: You can trip and fall in a poorly lit parking lot and file a lawsuit for damages relating to your injury.
If you believe you are eligible for damages under a premises liability lawsuit, hire a reputable Charleston slip and fall accident lawyer. When you do, we can review your legal claim and help you figure out if you can file a lawsuit. If so, we will make sure you request the maximum damages possible from any at-fault parties.
Understanding Property Owners’ Legal Obligations in South Carolina
Property owners in South Carolina are responsible for keeping their land and buildings reasonably safe for visitors. That responsibility changes depending on why you were there in the first place.
Your Charleston premises liability attorney can explain how the law applies to your situation and what you need to know if you were hurt.
South Carolina places visitors into three categories: invitees, licensees, and trespassers. Each group is treated differently. Each one is owed a different level of care by the property owner.
Invitees
Invitees are people who are invited to a property for a business purpose. This includes shoppers at a grocery store, patients at a clinic, or diners at a restaurant. Property owners must inspect their land and structures for dangers and hazardous conditions and fix them quickly or warn people clearly.
Licensees
Licensees are social guests or people visiting for their own reasons. If you are attending a backyard barbecue or stopping by a friend’s house to sell something, you are a licensee. Property owners do not have to inspect for hazards, but they must warn you about anything they already know is dangerous.
Trespassers
Trespassers are individuals or groups who enter an area or property without permission and usually do not have the same rights as invitees or licensees. However, even trespassers have some protection.
A property owner cannot intentionally harm them, and if the trespasser is a child, the rules may change, depending on the context of the incident.
What Constitutes a Breach of Duty
A property owner breaches their duty when they fail to act responsibly for the safety of others. That breach might involve skipping routine inspections, ignoring known hazards, or failing to block off dangerous areas. It can also include poor lighting, broken stairs, slippery floors, or loose wiring.
In South Carolina, property owners are not expected to prevent every injury. But if the hazard was something that should have been fixed or warned about, and someone gets hurt, that can be considered negligence. The case law looks at whether the danger was foreseeable and whether the owner acted reasonably to prevent harm.
Our Charleston premises liability law firm can review the facts of your situation and explain where the property owner failed in their responsibilities. We will gather evidence and help you understand your options if you were hurt due to dangerous conditions on someone else’s property.
Types of Compensation You May Be Eligible to Recover
After an injury, it is easy to feel like everything has been thrown off course. You might be missing work, juggling doctor visits, or just trying to get through the day without pain. When we sit down with you, we will walk you through how the accident has affected your life and talk about what kinds of compensation might apply, including things like:
- Medical bills that keep stacking up
- Paychecks you missed while trying to heal
- Pain that makes even small tasks more difficult
- Emotional strain that does not go away
- Activities you can no longer enjoy
- Broken or damaged personal belongings
- Ongoing care or physical therapy, you still need
- Worry about whether you can keep working the same job
- Stress from juggling appointments, bills, and recovery
- Changes in your relationship with your family or spouse
- Trouble sleeping or staying focused after the accident
You do not need to figure all of this out by yourself. Your Charleston catastrophic injury lawyer can help you gather the right records, ask the right questions, and paint a clear picture of how this has affected your day-to-day life. The more we can document early, the stronger your case will be.
Partner with a Respected Premises Liability Law Firm in Charleston
If you are interested in filing a civil lawsuit, your premises liability law firm in Charleston, with Shelly Leeke Law Firm, is here to help.
We can connect you with a first-rate premises liability representative right away. For more information, please get in touch with us for a free, no–obligation consultation.
