Premises Liability Explained: When Property Owners Are Responsible
If you have been injured on someone else’s property, you may experience medical bills, lost wages, and permanent disability. In some cases, you may be seeking damages for injuries that your child experienced. Whereas slip and falls are the most common type of premises liability claims in South Carolina, you may be able to file an injury claim for any injury you suffer due to an owner’s negligence. At Mark C. Tanenbaum in Charleston, SC, our premises liability lawyers work diligently to get you the compensation you deserve.
Duty of Care
Property owners are responsible for maintaining their property in a safe condition. The degree of care will depend on the reason you were on the property.
Invitees
A property owner owes the highest duty to invitees, or people who are invited onto the property for business purposes. This includes grocery store customers or the cable repairman. Under the state’s premises liability law, an owner is responsible for maintaining safe conditions. This involves a routine inspection of the property and warning visitors of potential hazards.
Licensees
Licensees are considered any individuals invited onto the property for social purposes. This would include a dinner guest or a next-door neighbor. A licensee affords the property owner no financial benefit. However, an owner has a duty to inform their guests of any known hazards.
Recreational Users
Property owners owe no duty to warn recreational users about potential dangers on a property when that person is using the property free of charge. Recreational activities include fishing, hunting, swimming, boating, hiking, and more. However, under SC Code §27-3-60, the property owner may be held liable if he or she is grossly negligent, willful, or malicious in failing to warn the user of a property defect or, in limited circumstances, when the recreational user is charged.
Trespassers
A trespasser is someone who enters onto property without the owner’s permission. Under South Carolina law, owners owe no legal duty to trespassers, except not to intentionally cause them harm. An important exception lies with children, in which property owners must take reasonable precautions to prevent them from harm. Known as the attractive nuisance doctrine, this applies to any property that has a trampoline, swimming pool, or other feature that may allure children. The attractive nuisance doctrine is based on a child’s inability to understand the risks of certain conditions.
South Carolina law requires a property owner to take precautions when a machine or condition is attractive to children to prevent injuries. If you are unsure if your child is entitled to compensation, you should speak with our Charleston premises liability attorneys today.
Potential Damages in a Premises Liability Case
If you or a family member has sustained injuries on another person’s property, you may be entitled to compensation for:
- Lost wages
- Loss of future wages
- Hospitalizations
- Surgeries and/or procedures
- Prescription costs
- Home modifications
- Pain and suffering
- Infliction of emotional distress
- Permanent disability
- Disfigurement
Our legal team can assess whether your circumstances meet the state’s premises liability requirements. If you or a loved one has suffered losses, our team of legal professionals is happy to calculate your financial, physical, and emotional damages and gather evidence to prove the other party’s liability.
Speak with Our Premises Liability Lawyers Today
If you or someone you know has been injured on another person’s property, Mark C. Tanenbaum is eager to assist you. Our team of attorneys is prepared to advocate aggressively against the insurance company. You deserve maximum compensation for your hardship, and our legal team will not stop until it’s achieved. To arrange a free consultation with one of our Charleston premises liability lawyers, contact our office online or by calling (843) 577-5100 today.