In Summerville, SC, a property owner is legally required to keep their environment safe. If this individual chooses not to do so and you get hurt on their property, you can sue them. To do so, partner with a Summerville personal injury lawyer.
The Shelly Leeke Law Firm has more than 10 years of experience with personal injury lawsuits. Our Summerville premises liability lawyer will file your lawsuit — and you will not be charged anything unless we win or settle your claim. For more information, please reach out to us.
South Carolina Laws on Premises Liability
Premises liability refers to the legal responsibility of a property owner if someone gets injured on their land. Both homeowners and business operators are responsible for maintaining a safe environment. South Carolina laws recognize four general classifications for people who come onto someone else’s premises:
1. Adult Trespasser
An adult trespasser is not authorized to be on someone else’s property. The property owner does not owe a duty of care to a trespasser. However, the owner is not allowed to willfully harm the person who entered their property illegally.
If someone is invited to visit a property, the property owner owes this individual a duty of care. This means the owner is responsible for making sure the invitee is safe. If the visitor gets hurt, the owner of the property can be held accountable.
A licensee is someone who has an owner’s permission to visit a property. For example, you may invite a plumber to visit your property to complete repairs. In this situation, you can warn the plumber about any hazards to avoid being liable for any injuries they could suffer due to such issues.
South Carolina has a doctrine in place relating to swing sets, swimming pools, and other attractive nuisances. The owner of a property must account for these items and prevent kids from accessing them. Otherwise, if a child gets hurt due to an attractive nuisance, the adolescent’s parents can sue the property owner.
You may be able to recover damages if you or your child got hurt on someone else’s property in South Carolina. To find out, connect with a Summerville premises liability attorney from the Shelly Leeke Law Firm. Get in touch with us today.
Accidents that Can Happen Due to a Negligent Property Owner
A premises liability lawyer in Summerville reviews your case and helps you determine if you have a strong argument. They will encourage you to sue if you suffered an injury on someone else’s property due to no fault of your own. Common accidents that warrant premises liability lawsuits include:
Slip and Fall Accident
A business owner or homeowner may decide not to install handrails or fix broken stairs that lead to a slip and fall. In either of these scenarios or many others, you can submit a slip and fall accident claim. This allows you to request compensation for a brain injury, broken bones, and any other injuries.
Elevator or Escalator Accident
If an elevator or escalator is not aligned properly, people who use it are prone to falls. It is a property owner’s responsibility to inspect their premises regularly. If an owner ignores a faulty elevator or escalator and you get hurt while utilizing it, you can request compensation.
A dog can bite you and cause you to get hurt. In this scenario, you can file a dog bite accident lawsuit, which qualifies as a premises liability claim. Your lawsuit allows you to hold the pet’s owner responsible for any costs relating to your dog bite injury.
You have a maximum of three years to file a lawsuit based on any of these accidents and other premises liability claims, per South Carolina’s statute of limitations. How much money you can get in a lawsuit depends on the severity of your injury and other factors. It is in your best interests to submit your claim as soon as you can after your accident since the statute of limitations for filing a lawsuit cannot be extended.
Types of Damages that You Can Recover in a Premises Liability Lawsuit
To get damages, you must show that the property owner had a duty of care to you and violated this responsibility. In addition, you must prove that the owner was negligent, caused your accident and injury, and that you suffered losses due to this individual’s inability or unwillingness to take care of their property. If you are successful, you may be able to recover several types of economic and non-economic damages, including:
Your medical treatments can include physical therapy and other forms of long-term care. Even if they do not, your insurance may not cover all of your medical costs. By filing a lawsuit, you can request compensation for any medical bills you incur due to your accident and injury.
If you suffer a traumatic brain injury (TBI) or any other health problems, you may be forced to miss work for months or years or be unable to return to your job. Your lawyer will review your pay stubs. They will help you calculate your lost wages and include them in your premises liability claim.
Pain and Suffering
You can experience mental anguish, emotional distress, and other pain and suffering. These subjective losses can affect your ability to enjoy your life to the fullest extent. Your attorney will consider these losses and account for them when you file your claim.
Economic and non-economic compensation are considered compensatory damages. You can receive this type of compensation, along with punitive damages, which are awarded to deter future acts of negligence. Punitive compensation is capped at three times the amount of compensatory damages awarded or at an inflation-adjusted cap of $677,065 as of December 2023 — whichever amount is greater.
Hire a Premises Liability Attorney in Summerville
If you suffer an injury on someone else’s property, having a knowledgeable attorney at your side is critical. The Shelly Leeke Law Firm understands premises liability lawsuits and is here to help you out. To get started or request a free case consultation, please contact us today.