Premises liability claims arise when a person is injured on property owned by another person. In South Carolina, if a person owns land, there is a duty of care that extends to people who may be guests on the land. There are a number of technical distinctions that control the law to be applied. Generally speaking, a person is either an Invitee, a Licensee, or a Trespasser. The duty of care owed by a landowner is governed by the type of guest on his/her property. The standard of law to be applied also depends on whether the property is commercial or residential. Some examples of premises liability claims include:
(A) Injuries at a store or a restaurant caused by a risk that should have been known by the business owner;
(B) Injuries sustained by a tenant in a residence owned by a landlord who has failed to keep the residence or land properly maintained; or
(C) Injuries sustained by a guest at a landowner’s home or other location where the landowner has failed to properly maintain his property.
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If you have been injured on property owned by another person, and this injury was the result of negligence by the landowner, you can recover for your damages. Liability insurance carriers will be quick to deny liability, or they may offer something nominal so that their file can be permanently closed. We can help you to know your rights, and we will fight with the insurance companies so that you are compensated for losses sustained.
What is Premises Liability?
Premises liability is a specialized field of
tort law that involves the responsibility of property owners for the injuries of others on their property. It's derived from the common law's principle that a responsibility of care is imposed on those who enter the grounds. The legal standard of care associated with a visitor is different depending on their legal status, which is typically categorized as an
invitee, a
licensee, or a
trespasser. An invitee (e.g., a customer in a store) is responsible for the highest degree of obligation, which requires the owner to inspect and correct dangerous conditions. This field is also known as
property torts or
slip-and-fall law, although it encompasses a broader spectrum of situations, including injuries stemming from negligence in maintenance, negligent security, or hazardous conditions. Proving a premises liability case requires proving that the property owner was aware of the dangerous condition and failed to take effective steps to prevent injury.
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Academic Resource: The Institute of Continuing Legal Education (ICLE) provides a detailed overview of premises liability, discussing the key elements of a claim and the legal duties of a property possessor. ICLE Premises Liability Overview
Landowners are legally responsible for ensuring their properties are safe for visitors. When they neglect to do so and it leads to injury as a result, victims may be entitled to compensation. The lawyers at Burts Turner & Rhodes Attorneys at Law specialize in holding these negligent property owners responsible. We have worked on a variety of cases involving premises liability, including those that involve falls, dog bites, and dangerous facilities.
