Available 24/7When you are legally on the property of another, the owner cannot simply do nothing and hope you leave their property safely. They have an active obligation to do what is reasonable to keep you safe, which could even include fixing problems that other people cause.
Premises Liability Claim Attorney in Aiken, SC
When you have been injured on someone else’s property, your legal remedy is a premises liability lawsuit. If you win, you will be legally entitled to full financial compensation for your injuries. The Law Office of Taylor S. Braithwaite can provide you with quality legal representation in a communicative and compassionate manner. Call us today to discuss your case.
A Summary of South Carolina Premises Liability Law
Premises liability cases hold a property owner liable when someone else is injured on their property. However, liability is not automatic. First, you must prove that the owner of the property was negligent. In a premises liability case, negligence can mean something different in each scenario. Usually, it means that the owner either did something directly that caused your injury or they should have known about a dangerous condition that injured you.
Under South Carolina law, an owner does not guarantee your safety when you are on their property. The law does require that the property act as a reasonable property owner would under the circumstances.
A reasonable property owner:
- Would not do anything directly that would cause you harm
- Would take action to fix dangerous conditions that they knew or should have known about
If you can prove that the property owner violated the duty of care that they owe you when you are on their premises and their actions caused your injuries, they would owe you financial compensation.
Learning Who Was to Blame for Your Premises Liability Accident
Before you can file a lawsuit, you must figure out who the responsible party is. There may be more than one person or entity who could be liable in your case. It is not always easy to determine who you can sue. Properties can be held in a complex web of limited liability companies.
Then, you have to determine who controlled the property. The owner may not be the proper defendant because a lessor is in control of the property, and the owner would not owe you any duty of care.
Potential Defendants in a Premises Liability Case
Possible types of establishments that you can sue in a premises liability case include:
- Retail stores
- Restaurants and bars
- Entertainment venues
- Hotels
- Schools
- Grocery stores
Examples of Premises Liability Cases
Premises liability law is a broad category of cases that fall under the same umbrella. Some examples of premises liability lawsuits we handle include the following:
- Slip and falls
- Inadequate security
- Elevator and escalator accidents
- Falling trees and debris
- Electrocution from defective appliance
- Construction site accidents
- Patio and building collapses
Who May Legally Be on the Property of Another
Essentially anyone who invites you onto their property, or holds their property open to you, can be held liable in a premises liability case. In other words, you had a legal right to be present on the property.
According to South Carolina case law, “an invitee is a person who enters onto the property of another at the express or implied invitation of the property owner.” A delivery person could be an invitee because they are providing some benefit for the property owner.
You are also legally on the property when you are a licensee. Under South Carolina legal precedent, a licensee is:
“A person whose presence is tolerated, a person not necessarily invited on the premises, but one who is privileged to enter or remain on the premises only by the property owner’s express or implied consent.”
Social guests are the most common example of a licensee.
One person who does not have a legal right to be on the property is a trespasser. Still, a property owner owes a legal duty to a trespasser not to deliberately injure them.
How Much Your Premises Liability Case May Be Worth
It is difficult to know how much your case may be worth without knowing more about your situation. We do not believe in describing average case values because they may not apply to you. We can explain what you have the legal right to be compensated for in your premises liability case.
You may receive the following:
- Medical expenses
- Lost wages
- Pain and suffering
- Loss of enjoyment of life
- Scarring and disfigurement
- Potential punitive damages for extreme carelessness or recklessness
Like every personal injury case, premises liability lawsuits are all about the evidence. The additional challenge is that you would need to prove that the property owner knew or should have known about the condition.
It is not always easy to get proof of dangerous conditions, especially when the evidence is in the defendant’s hands. One of our most important tasks is to investigate your accident and gather the evidence necessary for you to meet your burden of proof.
What you need as much as evidence is straightforward answers about your legal situation and your case. Plain talk works best when you need to understand your chances of success and how to make the right decisions in your case.
At TSB Injury Law, we will pursue all legal remedies on your behalf in a determined and diligent manner. We are accessible and responsive to your needs and concerns.
We will get to work quickly on your behalf, and we will not stop working for you throughout your case. Our goal is to get you the highest possible compensation for your injuries.
Contact an Aiken Premises Liability Lawyer Today
Your first step in the legal process is to call an experienced premises liability lawyer. At TSB Injury Law in Aiken, we use our experience to your benefit, working steadily for you to get you the money that you legally deserve.
You can schedule a free initial consultation when you reach out to us online or call us today at (803) 220-0000. We are not paid unless you are.
