A premises liability claim is a type of personal injury claim. It is prompted when a victim is injured on someone else’s property, and the incident leading to the injury occurred because of the property owner’s negligence. Injuries come with a high price tag–costing victims physically, financially, and emotionally.
After sustaining an injury on someone else’s property, connect with Shelly Leeke Law Firm and speak with an experienced North Charleston premises liability lawyer. You may have grounds to file a claim and collect compensation to recover your losses. Successful cases are built on a foundation of strong evidence, and your attorney will work to gather convincing evidence to bring the most favorable possible resolution to your premises liability claim. And do not worry about costs. We operate on a “no win, no fee” basis, so you do not pay us until you get your settlement.
Prove the Elements of Negligence
For a successful outcome to any personal injury case, including premises liability, you must prove the four elements of negligence: duty of care, breach in duty, causation, and damages. The team at Shelly Leeke has extensive experience investigating claims. You can trust a South Carolina premises liability attorney from our firm to examine your situation to find evidence supporting each element of negligence.
Evidence to Prove Duty of Care
A duty of care is a person’s legal obligation or duty to take measures or avoid actions that put others in danger. A person’s duty of care toward others changes depending on the relationship. Your premises liability attorney in South Carolina will review your case to determine the duty of care owed to you by the negligent party.
If you see a neighbor at a restaurant, in that setting, the neighbor does not owe you any special duty of care or vice versa. However, once you each enter your vehicles to drive home, you owe each other and all others on the road a duty to follow traffic laws and avoid unsafe driving practices. If your neighbor invites you to their home for a social gathering, they owe you and other guests a duty as the homeowner and must warn you of any known hazards–loose carpeting, broken steps, or shaky railings, for example– and take measures to protect you from them.
All property owners or occupiers owe those visiting their properties a duty to preserve their safety. For example:
- Renters must keep elements of their apartments or rented homes clear of hazards under their control.
- Landlords, under South Carolina Law §27-40-440, must maintain safe properties, ensuring they meet safety codes, that common areas are well-lit and safe for passage, and any hazards not under the renters’ purview are fixed.
- Business owners must keep their properties safe for clients, including parking areas under their control.
- Building owners must remove asbestos or other toxins from your home or workspace.
- Government agencies must keep areas open to the public (state parks, for example) safe for visitors.
Evidence to Prove the Breach
Next, your attorney will look for evidence supporting the negligent party’s breach in duty. A “breach” is a failure or lapse. Drivers who speed or drive while under the influence have breached their duty of care to other drivers on the road.
A property owner may have breached their duty by failing to:
- Warn guests of a hazard.
- Have procedures in place for quickly fixing or marking a danger.
- Equip a property with fire alarms, exits, extinguishers, or other features.
- Hire adequate security personnel at large events.
- Clear debris or other tripping hazards from a walkway under their purview.
- Equip areas with proper security measures, such as lighting and door and window locks.
- Secure a pool, trampoline, or other construct that could attract children and lead to injury.
While property owners do not owe trespassers a duty of care, those with pools or other “artificial conditions” have an obligation to protect children or those with intellectual disabilities who may enter uninvited. In the eyes of the law, specifically Chapter 85, §15-82-10, these populations are not capable of recognizing the risks of engaging with those structures or criminal trespassing. It falls to the property owner to exercise a proactive duty to protect these populations.
Evidence to Prove Causation
It is not enough to show evidence of a breach. Your premises liability lawyer in South Carolina must also prove the breach caused an accident leading to the injury in question. For example, if you are in an accident with a drunk driver, but the crash occurs because of a faulty traffic light, the driver’s drunkenness may warrant criminal charges but not civil liability–the greater fault may lie with the agency overseeing traffic light operations.
Depending on the circumstances of your case, your attorney may find evidence to show:
- Lack of crowd control caused you to be trampled by a rowdy crowd.
- An unmarked wet floor caused you to slip and fall and sustain an injury.
- Broken door locks to your apartment complex gave open access to your building, and you were hurt in an attack by someone who subsequently entered.
- An unsecured pool provided easy access to your child who fell in and was deprived of oxygen, causing an acquired brain injury.
Evidence to Prove Damages
Finally, you must show the injuries sustained cost you measurable damages. Victims do not always recognize the full extent or implications of their losses, but an experienced attorney from our team will factor in every relevant detail when determining a fair personal injury settlement demand. Every case is different, but your attorney will build your case with evidence from:
- Your medical team, regarding your care and future costs.
- Other medical experts to confirm prognosis and costs.
- Lost-wages calculations if you missed work during recovery, and lost future wages and benefits if you cannot go back to work.
- Additional bills accrued because of your injuries.
- Testimony from your caregivers and you to prove the value of non-tangible losses incurred by your pain and suffering, losses to your relationships, and enjoyment of life overall.
Experienced Investigators and Skilled Legal Representatives
Connect with a South Carolina premises liability lawyer from Shelly Leeke Law Firm as soon as possible after sustaining an injury on someone else’s property. Our team of experienced investigators and skilled legal representatives will work to build a convincing case and fight to secure substantial compensation for your injuries and losses.
