South Carolina Premises Liability Lawyer | Frequently Asked Questions | Offices in Charleston, Georgetown, Myrtle Beach, and Pawleys Island

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Frequently Asked Questions About Premises Liability Cases in South Carolina

When you are injured on someone else's property, whether it's a slip and fall in a store, an accident on a rental property, or a dog bite in a neighbor's yard, you may have a legal claim based on premises liability. At Hopkins Law Firm, we understand that navigating a premises liability case can be overwhelming. Our experienced personal injury lawyers in Charleston, Georgetown, Myrtle Beach, and Pawleys Island are here to guide you through the legal process and answer your questions.

What Is Premises Liability?

Premises liability refers to the responsibility property owners have to maintain a safe environment for visitors. When property owners or occupiers fail to meet this responsibility, they may be held legally accountable for injuries caused by dangerous conditions on their property.

Examples of premises liability accidents include:

Who Can Be Held Responsible in a Premises Liability Case?

In a premises liability case, the property owner or occupier can be held responsible for your injuries if they were negligent in maintaining a safe environment. Potentially liable parties include:

  • Homeowners
  • Business owners
  • Property managers
  • Landlords
  • Government entities

The key to determining liability is whether the property owner or occupier knew, or should have known, about the hazardous condition and failed to take reasonable steps to fix it.

What Do I Need to Prove in a Premises Liability Case?

To win a premises liability case in South Carolina, you must prove:

  1. Duty of Care: The property owner owed you a duty to keep the premises safe for visitors.
  2. Breach of Duty: The property owner failed to meet that duty, such as by failing to fix a known hazard or by allowing dangerous conditions to exist.
  3. Causation: The dangerous condition directly caused your injury.
  4. Damages: You suffered actual harm, such as medical expenses, pain, suffering, or lost wages, due to the accident.

Your attorney will gather evidence such as accident reports, witness statements, medical records, and photos of the accident scene to support your case.

What Are Some Common Types of Premises Liability Accidents?

Some of the most common types of premises liability accidents include:

  • Slip and Fall Accidents: These accidents occur when someone slips, trips, or falls on a hazardous surface, such as a wet floor, uneven pavement, or cluttered walkway.
  • Trip and Fall Accidents: Often caused by uneven flooring, defective stairs, or obstacles in walkways, these accidents can result in serious injuries.
  • Dog Bites: If a dog attacks or bites you while on someone else's property, the owner may be liable for your injuries.
  • Negligent Security: Property owners or businesses that fail to provide adequate security may be held liable if you're injured in a robbery, assault, or other violent crime on the premises.
  • Swimming Pool Accidents: Injuries occurring in private or public swimming pools can be a result of poorly maintained facilities or inadequate supervision.
  • Falling Objects: If items like merchandise, signs, or debris fall and injure someone, the property owner may be liable.
  • Defective Elevators or Escalators: If faulty equipment causes an accident, the property owner or manager may be responsible.

What Should I Do After a Premises Liability Accident?

If you've been injured in a premises liability accident, taking the right steps can help protect your legal rights:

  1. Seek Medical Attention: Even if your injury seems minor, it's important to get checked out by a healthcare professional.
  2. Report the Incident: Notify the property owner or manager about the accident.
  3. Document the Scene: Take pictures of the hazardous condition and your injuries, if possible.
  4. Get Witness Information: If there were witnesses to the accident, ask for their contact information.
  5. Preserve Evidence: Keep any evidence, such as clothing or shoes that may have been damaged in the accident.
  6. Consult a Lawyer: Contact an experienced premises liability attorney to discuss your case.

How Long Do I Have to File a Premises Liability Lawsuit in South Carolina?

In South Carolina, the statute of limitations for filing a premises liability lawsuit is generally three years from the date of the accident. However, there are exceptions, so it's important to contact an attorney as soon as possible to ensure you don't miss the deadline.

What Are the Most Common Defenses in Premises Liability Cases?

Property owners may use various defenses to try to avoid liability for accidents, including:

  • Comparative Negligence: In some cases, the defendant may argue that you were partially at fault for the accident. South Carolina follows a comparative negligence rule, which means your compensation may be reduced based on your degree of fault.
  • Assumption of Risk: If you knowingly entered a dangerous area (for example, if you ignored warning signs), the property owner may argue you assumed the risk of injury.
  • Lack of Notice: The property owner may argue they were not aware of the dangerous condition and, therefore, were not negligent.

Having an experienced premises liability lawyer can help you overcome these defenses and fight for your rights.

What Types of Compensation Can I Recover in a Premises Liability Case?

If you win your premises liability case, you may be entitled to the following types of compensation:

Economic Damages

  • Medical expenses (current and future)
  • Lost wages and lost earning capacity
  • Rehabilitation and therapy costs

Non-Economic Damages

  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life
  • Scarring or disfigurement

Punitive Damages

In rare cases where the property owner's actions were particularly reckless or egregious, punitive damages may be awarded to punish the wrongdoer and deter similar conduct in the future.

Why Choose Hopkins Law Firm?

At Hopkins Law Firm, we are dedicated to helping clients in Charleston, Georgetown, Myrtle Beach, and Pawleys Island who have been injured due to premises liability accidents. We understand how challenging these cases can be, and we are here to provide aggressive legal representation to help you secure the compensation you deserve.

Here's why clients choose us:

  • Experienced Attorneys: We have successfully represented numerous clients in premises liability cases.
  • Personalized Service: We understand your needs and will work with you every step of the way.
  • No Upfront Fees: We work on a contingency fee basis—if we don't win, you don't pay.
  • Proven Results: Our track record of success speaks for itself.

Contact Hopkins Law FirmToday

If you've been injured on someone else's property in South Carolina, don't hesitate to contact us. Our experienced premises liability lawyers can help you navigate the legal process and fight for the compensation you deserve.

Call us today at (843) 314-4202 or fill out our online contact form for a free consultation. Let us help you get the justice and compensation you deserve.

Principled. Practical. Personal.

When you have to go to court, you want to know your lawyer will fight for you so you get the best possible outcome. Here at Hopkins Law Firm, our team of personal injury, family law, and criminal defense lawyers has the experience and insights needed to help you present your best case. Our team has helped many clients to protect their future. With locations in Charleston, Pawleys Island, and Myrtle Beach, we can make sure you get the counsel you need anywhere in South Carolina.

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Office Locations
Charleston
 843-314-9365 (fax)
Pawleys Island
 843-314-9365 (fax)
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