Premises liability is the term that encompasses a landowner or tenant’s duty to individuals who come onto their property. For store owners, this may mean cleaning up spills, monitoring the premises to make sure everything is safe, and warning and fixing any dangerous conditions. This type of liability may also extend to homeowners, landlords, and apartment/condominium owners that have obligations to their tenants, guests, and passers-by.
These types of cases can arise in construction areas where a passerby is injured by an unsafe, unprotected, or inadequately marked work area. Additionally, homeowners can be held responsible if they knew or should have known of a dangerous condition (broken stairs, exposed wires, cracks in floors, mold/ mildew, unstable railings, spills, leaks, etc.)on their property and failed to warn a tenant or guest of the danger.
South Carolina Law
In a civil action, the burden of proof rests on the person who is bringing the injury claim to prove by a preponderance of evidence that the landowner had a duty to maintain the property in a certain way or provide a warning, that they failed to do so, and that failure led to the injury. This standard means that the judge or jury finds it more likely than not (>50%) that the landowner was responsible for the injury. There are some exceptions to these duties including certain instances when someone has been granted permission to use the premises for recreational purposes, according to the South Carolina Code.
We Can Help
At Callihan & Syracuse, we understand how frustrating it is to be injured in a place you thought you could be safe. Our South Carolina premises liability attorneys will work with the many potential parties in the case, such as property owners/landlords, insurance companies, and opposing counsel, to fight for the compensation you deserve for your injuries. Even relatively minor injuries can still have a significant impact on your life, family’s life, and financial well-being. More significant injuries may take you out of work for weeks, months, or indefinitely and we understand the catastrophic effect this can have on you and your family.
Regardless of the severity of your accident, you should speak with an attorney at the beginning of a your case to ensure that you understand what to expect. Personal injury accidents such as ones arising out of premises liability are serious. No matter what your situation, do not hesitate to contact us to learn more about your legal rights.