Charleston Premises Liability Lawyer
Property owners in South Carolina have a legal duty to take reasonable measures to ensure the safety of visitors to their property. If you were hurt on someone else’s property then you need an experienced Charleston premises liability attorney, like Max Sparwasser, to protect your rights.
What is the Premises Liability Law in South Carolina?
Premises liability law refers to the legal protection that South Carolina affords people who are visiting property owned or maintained by another person or entity. The injury that the visitor suffered must have resulted from a breach of duty.
For example, grocery stores have a legal responsibility to keep their aisles safe for customers. If there’s a spill in an aisle and the staff member doesn’t close off the aisle while fetching the mop, the store may be negligent if you slip and break your arm.
The Four Different Visitor Classifications
The state of South Carolina recognizes four separate visitor classifications to determine the level of legal responsibility held by the property owner.
- Invitee. An invitee is present as the result of an invitation by the property owner or manager. The invitation may be express or implied. All business owners who are open to the public have issued either an express or implied invitation to customers of their businesses. It is reasonable for the invitee to assume that the premises are safe.
- Licensee. A licensee is someone who has the permission of the property owner to be on the premises. Guests at social gatherings are licensees. In these cases, the attendance benefit is primarily for the licensee rather than the property owner.
- Children. Children have strict protection under premises liability law. The property owner is responsible for taking measures to ensure there are no unsafe conditions. In some cases, the owner can be liable for ensuring the safety of children even if he or she doesn’t allow children on the premises, especially if there is an attractive nuisance on the property such as swimming pool or trampoline.
- Adult trespasser. The law does not protect trespassers as strongly as invitees or licensees. The burden of proof is higher in these cases than in others. However, the property owner can still be liable for injury to trespassers in limited cases.
How to Prove Liability
Premises liability cases can be challenging to prove. However, you can take steps to help determine responsibility for an accident. Whenever possible:
- Take pictures of the accident site and surrounding area.
- File a report with the property owner or manager.
- Record the names and phone numbers of any witnesses.
After taking these steps, talk to a Charleston premises liability lawyer for additional guidance and help in your case. They will be able to tell you the best way to approach the situation so that you’re able to get the highest compensation possible.
Recovering Damages in Charleston
A person injured as the result of someone else’s negligence should receive compensation for the damages they suffered. Damages for your injury may include:
- Lost wages. Money lost because of missed work time.
- Future earnings. Decreased or lost future wages because of injuries resulting from the accident.
- Medical bills. Expenses incurred due to doctor’s appointments, medical testing, and medications needed.
- Future medical care. Anticipated expenses for future medical care the victim will need because of the accident.
- Altered plans. Compensation for missing planned events or vacations.
- Pain and suffering. Damages awarded may help make up for the pain and suffering the injuries caused.
This is a complex area of the law that requires in-depth knowledge of the nuances related to premises liability. If you or someone you love has been injured, contact a skilled Charleston premises liability attorney at the Max Sparwasser Law Firm, LLC, so we can begin assessing your case and get you the compensation you deserve.