Premises liability cases can be complex, especially when you bear partial responsibility for the incident. Understanding your rights and obligations in such situations is important for the potential outcome of your case. At our firm, we recognize the nuances of these cases and strive to provide comprehensive guidance to our clients.
With more than a decade of experience handling premises liability cases, the Shelly Leeke Law Firm brings a wealth of knowledge and a deep sense of empathy to every client interaction. We understand that accidents happen, and sometimes, multiple factors contribute to an injury. A North Charleston premises liability lawyer can help you understand your position and pursue the best possible outcome, regardless of the circumstances.
How Sharing Fault May Get Tricky
When it comes to premises liability cases where you share some of the fault, the legalities can become a bit confusing, which is why you should understand how a personal injury lawyer can help with your injury claim. The property owner’s legal team may attempt to shift more blame onto you to reduce their client’s liability. This tactic can significantly impact your compensation, as South Carolina follows a modified comparative negligence rule.
Understanding how fault is determined and apportioned is helpful in these cases. Factors such as signage, lighting, your actions leading up to the incident, and even your footwear can all play a role in determining fault. You must have a clear and honest account of the events, as any discrepancies can be used against you in court.
The concept of “open and obvious” hazards can complicate matters further. If the danger that caused your injury was clearly visible or known to you, it might affect your claim’s validity. However, each case is unique, and various factors can influence how the law applies to your situation.
Types of Ways You May Share Fault in a Premises Liability Case
In premises liability cases, there are several ways in which you might be considered partially at fault for an incident. Understanding these potential scenarios can help you better prepare your case and anticipate potential challenges. Here are some common ways you might share fault:
- Ignoring warning signs or barriers
- Entering restricted areas
- Engaging in risky behavior
- Failing to pay attention to your surroundings
- Wearing inappropriate footwear for the conditions
- Being distracted (e.g., using a mobile phone while walking)
- Failing to use available safety equipment
Each of these factors can contribute to determining shared fault in a premises liability case. You should discuss any potential contributing factors with your attorney honestly. This transparency allows your legal team to develop the most effective strategy for your case.
Types of Potential Compensation
In premises liability cases, various types of compensation may be available to you, depending on the nature and extent of your injuries. Understanding these potential forms of compensation can help you better appreciate the full scope of your claim. Here are some common types of compensation in premises liability cases:
- Medical expenses (past and future)
- Lost wages and loss of earning capacity
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Property damage
The specific compensation you may be eligible for will depend on the details of your case and the extent of your injuries. It is important to keep thorough documentation of all expenses and losses related to your injury. This documentation will be important in building a strong case for fair compensation, even if you share some fault in the incident.
What You Should Know About South Carolina Laws
The South Carolina’s contribution Among Tortfeasors Act is vital in determining the outcome of premises liability cases, especially when a shared fault is involved. For example, the state operates under a modified comparative negligence regulation, which can profoundly influence your ability to recover losses. Under this rule, you can only recover damages if you are found to be 50% or less at fault for the incident.
If they determine that you are over 50% at fault, they will prevent you from recovering any compensation. However, if your fault is 50% or less, you can still recover damages, but the amount will be reduced by your percentage of fault. For example, if you are awarded $100,000 in damages but found to be 30% at fault, your award would be reduced to $70,000.
Understanding these nuances is crucial when building your case. Your attorney will work to minimize your perceived fault while emphasizing the property owner’s negligence. This strategy aims to ensure you stay below the 50% threshold and maximize your potential compensation.
Consider Statute of Limitations to Know When to File a Claim
The statute of limitations is a critical factor in premises liability cases, setting a strict timeline for when you can file a legal claim. In South Carolina, the statute of limitations for most premises liability cases is three years from the date of the injury, according to the South Carolina Code of Laws, Title 15. This time limit applies to both personal injury claims and property damage claims arising from the incident.
While three years may seem like a long time, starting the legal process as soon as possible is important. Delaying can lead to loss of evidence, your witnesses could forget exactly what happened, and other challenges that can weaken your case. If your case involves a government entity, you may have to file a notice of claim much sooner, typically within a few months of the incident.
Cases involving minors or individuals with mental incapacities are exceptions to the three-year rule. It’s advisable to consult with an attorney right after your injury instead of relying on exceptions. This proactive approach ensures you can build a strong case and meet all necessary deadlines as you are trying to figure out how long your premises liability claim may take to settle.
Take Action Today to Protect Your Rights with a South Carolina Premises Liability Attorney
If you experience an injury on someone else’s property and believe you may share some fault, it is helpful to seek legal advice promptly. At Shelly Leeke Law, we understand the difficulties of premises liability cases and are ready to guide you through the legal process. Our team will work diligently to ensure your rights are protected and you receive potential compensation for your injuries.
Do not let concerns about shared fault deter you from seeking the justice you deserve. Contact Shelly Leeke Law today for a confidential consultation. We will review the details of your case, explain your legal options, and develop a strategy tailored to your unique situation. Remember, time is one of the most important pieces to your case, so do not put off taking the first step.
