If you get hurt in a car accident, you probably are aware that you could file a claim against the at-fault driver (and their insurance company). But what happens if you get hurt on someone else’s property? Can you sue the homeowner or the business?

If you are hurt on another person’s property, you can bring a claim against them and their homeowner’s, renter’s, or commercial liability insurance policy. Whether you were hurt in a fall, by a dog bite, or in another way, you can pursue financial compensation for all of your losses.

Our Simpsonville slip and fall attorneys will fight for your right to maximum compensation for your medical bills, lost wages, pain and suffering, and other losses.

At Brooks Derrick Accident and Injury Lawyers, we represent people who have been hurt in all types of accidents, including on other people’s property. We handle all cases on a contingency fee basis, which means that you’ll never pay a fee unless we recover money for you. To learn more or to schedule a free consultation with a South Carolina personal injury lawyer, contact our law firm today.

What Is a Premises Liability Claim?

Premises liability is a type of personal injury law. Essentially, if you are injured due to a dangerous condition on someone else’s property, you may be able to file a lawsuit against them.  Through this type of claim, you can recover money for your property damage, lost wages, medical expenses, pain and suffering, emotional distress, and other losses.

Generally, landowners have a duty to maintain their premises in a reasonably safe condition. However, your ability to file a claim will be based in part on whether or not you were legally on the property and the reason you were there. There are three potential categories of visitors:

1. Invitees are on the premises for a business reason (such as customers at a store). Property owners owe invitees the highest duty of care. This duty involves using reasonable and ordinary care to keep the premises safe and to protect invitees from injury caused by hazardous conditions that they may not discover on their own.
2. Licensees are social visitors (like friends and family) who are also owed a high duty of care. A property owner is required to use reasonable care to warn guests of dangerous conditions that they know about but that are not reasonably discoverable by licensees.
3. Trespassers include anyone who is not legally on the property. Property owners do not owe trespassers a duty of care. The one exception to this rule is children. If a property owner has an “attractive nuisance” (like a pool) on their premises, then they can be held liable if they fail to take measures to protect children from that danger (such as by fencing in their pool with a locked gate).

In practice, this means that if you are legally on someone’s property and get hurt, you might be able to pursue a premises liability claim against them. This claim can be brought against someone who owns the property, occupies it (a tenant), or manages the property.

Premises liability cases can arise in any number of ways. The classic example is a slip and fall, such as a situation where a person falls on a wet floor at a store. Other types of premises liability claims include:

• Dog bites/dog attacks
• Negligent security (such as insufficient lighting in a parking lot)
• Swimming pool accidents
• Construction site accidents
• Playground injuries
• Deck and balcony collapses

A claim for these types of accidents will typically be handled by the property owner’s insurance company. This means that if you are injured at a family member’s or friend’s house, you won’t be filing a lawsuit against them personally. Instead, you will be filing a claim against their insurance policy. This may still make you uncomfortable, but the reality is that this is why people have insurance – and your loved one wouldn’t want you to bear the financial burden of the accident.

Our Simpsonville premises liability attorneys understand the complexities that often arise in these situations. We treat each client with compassion and respect while advocating for their right to full compensation.

What Do I Have to Prove to Win a Premises Liability Claim in South Carolina?

In personal injury cases, the injury victim (plaintiff) typically has the burden of proving that the at-fault party (defendant) is responsible for their losses. This requires introducing evidence that the defendant was negligent in some way.

For a premises liability case, the plaintiff will have to prove the following:

• The defendant owed the plaintiff a duty of care;
• The defendant violated that duty of care in some way;
• This violation caused the plaintiff’s injuries; and
• The plaintiff suffered damages (losses) as a result.

In this type of case, the duty of care will depend on the plaintiff’s status as an invitee, licensee, or trespasser. Broadly, property owners have a duty to maintain their premises in a reasonably safe condition for invitees and licensees. This includes fixing any known hazards (like a broken stair) or warning visitors about those hazards. For invitees, property owners have an additional responsibility to regularly inspect the premises to check for any dangerous conditions.

Our South Carolina premises liability lawyers will work with you to gather evidence to support your claim. This may include proof that the defendant owned, occupied, or managed the property, as well as evidence to show that you were legally on the premises. They will also seek out information about the hazardous condition to prove that the property owner knew or should have known about it, but failed to fix it or warn you about it.

For example, consider a situation where you were seriously injured after falling on uneven stairs outside of a restaurant. The property owner was aware of the condition, as several other people (including employees) had fallen on those same stairs but hadn’t been hurt badly. The property owner did not fix the stairs or put up a sign to warn patrons to be careful. 

In this scenario, your lawyer would request incident reports from the restaurant and photos and videos of the stairs. They may also interview witnesses, such as employees who knew that the stairs were a hazard. This type of evidence can be used to show that the property owner violated its duty of care to maintain the premises in a reasonably safe condition.

Our attorneys also gather other types of evidence to prove your claim. This usually includes things like your medical bills and pay stubs to prove your losses. We will also typically work with experts to establish other aspects of your case, such as a medical professional who can offer their opinion as to how your injuries affect your ability to work or to perform day-to-day activities.

Our ultimate goal is to help you get the compensation that you need to move forward with your life. In most cases, we are able to resolve personal injury cases through settlements. While we may file a lawsuit to protect your rights, most cases are resolved outside of court. If necessary, we will take your premises liability case to trial and ask a jury to return a verdict in your favor.

Hurt in an Accident? We’re Here for You.

Premises liability cases can be complicated, especially when it comes to proving that a property owner knew or should have known about a dangerous condition. As experienced South Carolina premises liability attorneys, our goal is to put together the strongest possible claim for compensation. Throughout the process, we will keep you informed and help you understand your rights.

Based in Simpsonville, Brooks Derrick Accident and Injury Lawyers represents clients harmed in all types of accidents, including slips and falls, dog bites, and construction site accidents. We offer free initial consultations and never charge a fee unless we recover money for you. Reach out to our law firm at 864-531-7765 or fill out our online contact form to schedule an appointment with a Simpsonville premises liability lawyer.