Property owners can be negligent, which can lead to accidents and injuries. If you get hurt at a home or business due to an owner’s negligence in Moncks Corner, SC, seek legal help. At this point, partner with a Moncks Corner personal injury lawyer.
Do not leave your premises liability case to chance. The Shelly Leeke Law Firm will provide you with guidance and support throughout your litigation. Get in touch with our Moncks Corner premises liability lawyer today.
How Visitors Are Classified in South Carolina Premises Liability Cases
If someone invites you to visit their property, you are considered to be an invitee. You expect the owner of a property to eliminate hazards and keep you safe. If they fail to do so and you suffer an injury on their property, you can submit a claim.
In instances where someone enters a property with the owner’s permission, they are classified as a licensee. A homeowner can hire an HVAC technician to complete repairs. The technician is a licensee, and the owner of the house is expected to let this individual know about any hazards.
People can still trespass on a property, and the owner of the space is not likely to be held responsible if these individuals get hurt on their land. There is an exception for child trespassers who may not be able to comprehend a particular danger. Also, an owner cannot intentionally harm a trespasser.
Elements of Negligence in Premises Liability Cases in South Carolina
To get compensation in a premises liability claim, you must show that the at-fault party had a duty of care to you. This duty is a responsibility to take a reasonable amount of care for their property. If the owner of a property does not take care of their space, this individual is negligent and can be held accountable.
For example, you can visit a grocery store and slip, trip, and fall due to a slick floor. It is reasonable to expect the grocery store owner to maintain clean floors. Since the owner did not do this and you got hurt, you can sue for damages.
Along with a duty of care, you must prove that the party responsible for your injury breached their responsibility to provide a safe space. You must also show that you suffered an injury and incurred losses. A Moncks Corner premises liability attorney will build evidence and gather witness testimony to verify that the elements of negligence were present.
Types of Premises Liability Claims
You can file a premises liability lawsuit against a homeowner or business operator. In addition to slip and fall lawsuits, there are many reasons why people sue on the grounds of a premises issue. Common reasons for claims based on premises problems include:
Lack of Security
It is a property owner’s responsibility to take appropriate security measures to keep those who visit their space safe. For instance, a college must ensure that there is adequate security for faculty and students across its buildings. If a faculty member or student gets hurt due to a crime that occurs on the college’s grounds, they may be able to file a lawsuit against the school based on a lack of security.
Poor Lighting
An apartment complex may fail to provide enough lighting to allow its residents to safely walk outside the premises at night. If a resident does not see a crack on a walkway and slips, falls, and gets hurt at nighttime at the complex, the building owner can be held responsible. The resident can work with a premises liability lawyer in Moncks Corner to pursue damages.
Faulty Escalator or Elevator
When you take an escalator or elevator, you expect it to bring you up or down from point A to point B. There can be times when a business owner does not inspect and maintain an escalator or elevator. At these times, the equipment can become hazardous, and anyone who gets hurt as a result of a malfunction may be able to sue.
Swimming Pool Hazard
Anyone who has a pool in South Carolina must gate it off or take other precautions to prevent people from entering it illegally. Otherwise, the pool is an attractive nuisance. If someone uses the pool and gets hurt, they can still file a claim against the owner.
The statute of limitations for personal injury claims in South Carolina is three years. At the Shelly Leeke Law Firm, our premises liability attorney in Moncks Corner will submit your claim in accordance with this statute. To learn more, please reach out to us.
How a Lawyer Helps with a Premises Liability Lawsuit
If you want compensation due to an accident and injury that took place on someone else’s land, hire a lawyer. You can attempt to get money from a negligent property owner on your own, but doing so can be problematic if you lack legal experience and expertise. An attorney will guide you through the legal process and offer assistance in many areas, including:
- Evidence Collection: Your lawyer will preserve evidence and collect medical records, photos, videos, and other items that will be used to argue your case.
- Communication with an Insurance Company: You will not have to risk making statements to an insurance company, since your attorney will communicate with the business on your behalf.
- Trial Prep: If you require a trial, your lawyer ensures you understand what can happen during the proceedings and establish realistic expectations for them.
Meet with an attorney to determine if you are eligible for a personal injury settlement. This gives you the opportunity to discuss the quantifiable and subjective losses that you have incurred due to a negligent property owner. If you have a compelling case, your lawyer will file your claim and make sure you are well-positioned to get compensation.
Get Started with Your Premises Liability Lawsuit
Hiring a premises liability attorney who has a track record of success is critical. The Shelly Leeke Law Firm makes it easy to connect with a proven lawyer. Please contact us today to schedule a free case consultation.
