When a person, business, or organization owns property, they have a responsibility to meet certain legal safety standards. If they fail to meet those standards, they may be held liable for injuries or suffering that occur on the premises. However, the legal safety standards in a premises liability case can vary depending on case details and location.
When you work with a North Charleston premises liability lawyer from Shelly Leeke Law Firm, you can expect high-quality legal services and our no-win, no-fee guarantee. If we cannot get results for your case, you will not owe us anything for our efforts. Reach out to learn more about the legal safety standards in a premises liability case and how we can prove these standards were not met, leading to your accident.
Establishing Reasonableness in a Premises Liability Claim
When filing a claim against another party for property negligence, you may need to establish reasonableness standards that can impact the outcome of the case. This standard under the South Carolina Code of Annotated Laws Title 27, Chapter 3 refers to the basic safety standards that all property owners should maintain. Any building open to others should be safe, stable, and receive regular maintenance.
Reasonableness refers to whether the property owner was acting reasonably regarding the probability of injury to another. For example, you may have been injured because the property owner knew about a damaged stair that was a tripping hazard, but they ignored the problem until you fell and broke a bone. In these cases, they were not acting with reasonable care to prevent your injuries.
However, if the defendant was unaware of the damage, provided clear warnings about the danger as required by the open and obvious doctrine as described in Padgett v. Colleton County, or otherwise acted with reasonable care, they may have met the basic safety standard. We offer the tools and resources to determine whether these standards have been met, reviewing the property owner’s behavior and steps taken to protect your safety. If you have questions about this process, do not hesitate to reach out.
Specific Safety Standards Can Vary Depending on Your Claim Type
As you pursue compensation for a premises liability claim, your South Carolina catastrophic injury lawyer with our firm can help you determine what specific safety standards have been violated that caused your accident. Proving that steps were not taken to keep you safe can support your claim by showing the at-fault party did not act reasonably to protect your safety. However, different safety standards may apply to different spaces.
The ASTM and ANSI Safety Standard
The American Society for Testing and Materials (ASTM) is one of the governing bodies that sets certain safety standards for industry customs. The ASTM specifically offers guidance on the safety of walkways, ramps, and other surfaces under ASTM F1637-21. These areas must be slip-resistant, have proper illumination, protect against elevation changes, and receive regular maintenance.
The American Society of Safety Engineers (ANSI) also sets safety standards, but they focus on standards for industrial and workplace settings. If you are an industrial worker, we may be able to help you demand justice. Reach out to a South Carolina slip-and-fall accident lawyer to learn how these standards can impact you.
OSHA Safety Standard
The Occupational Safety and Health Administration (OSHA) provides safety standards for American workplaces. If you were injured at work, and those injuries happened because your employer did not properly uphold OSHA standards, your employer may be held liable for the damages you are due for your injuries. Talk with a premises liability attorney about the specifics of your accident and any evidence you may have of workplace safety violations.
The ADA Standard
The Americans with Disabilities Act (ADA) details certain government regulations regarding the accessibility of buildings. These regulations require all public buildings to provide safe and stable walkways and other accessibility options for people with disabilities. If these safety standards are not met and a person with disabilities is injured because of it, the injured party may have grounds to sue under these laws.
Premises liability accidents that show signs of an ADA violation may be more complex but may also provide further compensation to the injured. In fact, if you have been injured because of an ADA violation, you may be entitled to punitive damages for your injuries, defined under South Carolina Code §15-32-530. We can help you determine exactly what damages you have suffered.
How a Premises Liability Lawyer Can Help You Get Compensated for Your Case
In the wake of a South Carolina premises liability accident, it may be tempting to file your claim alone, but this may place your claim in danger, even if your case seems simple and straightforward. With our team’s 10+ years of courtroom experience, Shelly Leeke Law Firm can provide the support you need before, during, and after your claim. Our tools can help you identify what safety standards have been violated and what you can do to pursue compensation.
While we can play a key role in determining whether certain safety standards have been broken, we can also help you navigate the laws governing your case. For example, according to the South Carolina Code of Laws §15-3-530, you only have three years to file a lawsuit before you are barred from receiving compensatory damages. Additionally, under the South Carolina Contribution Among Tortfeasors Act, you may be held liable if you are not prepared to dispute claims you were partially at fault for during the accident.
We can also provide needed support throughout the process, especially in the courtroom. When you are already juggling changes to your family life and your ongoing physical and emotional recovery, adding your civil lawsuit to your list of tasks can feel daunting. We strive to take the pressure off by representing you as your dedicated South Carolina personal injury lawyer, giving you the time and energy you need to focus on what matters most.
Reach Out to a High-Powered Premises Liability Attorney for Help Today
When you are seeking compensation for a premises liability claim, proving the at-fault party is responsible for negligent behavior can be difficult. You may need significant evidence to support your claim, potentially including testimony from expert witnesses. Fortunately, your South Carolina premises liability attorney is here to help.
At Shelly Leeke Law Firm, we provide the experience, focus, and compassion you need when you have been seriously injured by another person’s negligence. Contact us for a free consultation so we can discuss the specifics of your accident and map out a plan to support you. To learn more about our services, reach out by calling or filling out our contact form.
