You can sue an individual, business, or other party if you suffer an injury on their property. To find out who is liable for your injury, it may be best to consult with a South Carolina premises liability lawyer. Your attorney can help you submit a claim for the maximum amount of damages.
If you are considering an injury claim, the team at the Shelly Leeke Law Firm can help. We have more than a decade of experience in injury cases. For more information, reach out to us.
Determining Liability for Your Injury
When someone owns or maintains a property, they are responsible for it. If you visit this property and get hurt while you are there, you may be able to seek damages. This depends on where you fall in the following categories of visitors:
- Invitee: You go to a property for a specific purpose, like buying or selling an item.
- Licensee: You have been invited to a property, and as such, the owner is expected to notify you about any hazards.
- Trespasser: You illegally enter a property.
In most instances, a homeowner, business operator, government entity, or another party has a duty of care to an invitee or licensee but not a trespasser, with some exceptions. For example, a child may get injured when they climb into a swimming pool while a homeowner is not there, and their parent could pursue damages. If you are wondering what is an attractive nuisance and if you have a valid claim for damages, you may want to meet with a lawyer to discuss your case.
When a Pet Owner Can Get Sued
You may walk over to pet a dog and get hurt in an animal attack. In this situation, the dog will not be liable for your injury. Alternatively, the pet’s owner may be held responsible.
A dog bite accident falls under the premises liability umbrella. Since a pet owner is responsible for their dog, they should not let anyone pet it if they feel the animal may attack. If a dog bites you, it is a good idea to get medical help and then consult with an attorney to go over your legal options.
You can work with a South Carolina dog bite lawyer to submit a premises liability claim. They can help you build an argument designed to show a judge or jury that the dog owner was negligent, and due to their actions, you deserve to be awarded damages.
Proving Negligence
To secure damages in a premises liability lawsuit, you must prove an at-fault party was negligent. This may require you to present evidence to support your case. Your proof will help show that the following elements of negligence were present when you suffered your injury:
- Duty of Care: A party had a legal obligation to maintain a safe space.
- Breach of Duty of Care: The party knew there were hazards and did not eliminate them or notify you about them, and by doing so, put you in danger.
- Causation: Due to the party’s actions, you got hurt.
- Damages: You are dealing with economic or non-economic losses as a result of your injury.
It pays to partner with an attorney who can provide a breakdown of negligence laws in South Carolina. At the Shelly Leeke Law Firm, we can help you file a claim against a negligent property owner. To learn more, get in touch with us.
Sharing Blame in a Premises Liability Case
Based on the South Carolina Contribution Among Tortfeasors Act, you may be held partly responsible for an injury you suffer on someone else’s property. This act states an individual may get damages if they are less than 50% liable. If a plaintiff is found to be more than 50% responsible, they may not receive any compensation.
As an example, a judge or jury may say you are 20% responsible for an injury. If this happens, the defendant in your case is 80% liable. Therefore, they may be required to pay 80% of the damages you initially requested.
Now, consider what may happen if a judge or jury finds you to be 51% at fault. At this point, you are more responsible for your injury than anyone else. This means you may not recover any damages.
When to File a Premises Liability Claim
Generally, you have up to three years from the date of your injury to pursue damages from an at-fault party. This window may not be extended. If you choose not to file a claim, you may be solely responsible for your injury-related losses.
If you are unsure about whether you have a strong case, you may want to meet with a lawyer. This gives you an opportunity to discuss your case and share your legal concerns and questions. Your attorney can answer frequently asked questions and others to help you determine whether to move forward with a claim.
Just because you ask for damages does not guarantee you will get compensation. You are responsible for the burden of proof. If you cannot provide a sufficient amount of evidence, a judge or jury may be inclined to rule in the defendant’s favor.
How to Settle a Premises Liability Case
To get the best case results, you may need to share medical records, accident scene photos, and other evidence with a judge or jury. If you have a strong body of evidence, the defendant in your case may have concerns. This may prompt them to offer a settlement.
You do not have to settle your case outside the courtroom. It may be beneficial to do so since you may receive a fair settlement proposal. You can review a settlement offer with your attorney, but you have the final say on whether to move forward with it.
If you do not agree to a settlement, you will bring your case to trial. Your attorney will represent you throughout the proceedings. They will help you prove to a judge or jury that you are in no way at fault for your injury.
Get Legal Help
Legal help is available to those who want to file a premises liability claim. The Shelly Leeke Law Firm has a proven track record in injury cases and is here to assist you in any way we can. To schedule a free case consultation, contact us today.
