What Is Premises Liability and When Can You Sue a Property Owner?

April 26, 2023

Premises liability holds property owners responsible for injuries (to anyone who enters and is present on the site legally) that occur on their property due to unsafe or hazardous conditions. If you have sustained an injury on someone else’s property, you may be able to sue for damages if the property owner was negligent in maintaining safe conditions.

Let’s explore the concept of premises liability and discuss whether you can sue for injuries sustained on someone else’s property. If you’ve been in such an accident in Columbia, South Carolina, we encourage you to contact our experienced Columbia personal injury attorneys for guidance and legal support.

What Is Premises Liability?

Property owners are responsible for any injuries or accidents that occur on their premises – this is called premises liability.

The responsibility of a property owner is to maintain their premises safely and securely, free from any foreseeable risks or dangers. Columbia personal injury lawyers understand that if a property owner fails to do so, they may be liable for any resulting harm.

Premises liability law applies to residential spaces, commercial properties, and public areas like parks, sidewalks, and streets. Property owners must keep the premises free from hazards and warn of any potential dangers.

The Different Types of Premises Liability

There are several types/cases of premises liability claims.

Negligent Maintenance

This type of premises liability claim occurs when a property owner fails to maintain their property in a safe condition, and an injury is caused as a result. Examples include failing to mop up a spill or fixing a broken stair railing.

Negligent Security

This type of claim occurs when the property owner has failed to provide adequate security measures, and an injury is caused as a result. Examples include a lack of lighting in parking lots or failure to hire security guards in high crime areas.

Hazardous Conditions

This type of claim occurs when the property owner has created or allowed a hazardous condition on their property, and an injury is caused. Examples include leaving a construction site open to the public without adequate warning.

Dog Bites or Animal Attacks

Property owners may be held liable for injuries caused by their pets or other animals on their premises. This includes injuries from dog bites or other animal attacks (this only applies to someone who enters the property and stays on it lawfully, i.e., not to someone who breaks in).

Defective Conditions on the Property

Property owners must maintain their premises, ensuring that it is free from defects or hazards that may cause injuries to visitors and guests. This may include broken stairs, faulty electrical wiring, and other dangerous conditions.

Toxic or Hazardous Substances on the Property

Property owners may also be held liable for injuries caused by toxic or hazardous substances on their premises. This may include exposure to lead paint, asbestos, or other dangerous chemicals.

Each claim has different legal requirements; an attorney can help you determine if you have a valid claim for premises liability.

When Can You Sue for Injuries Sustained on Another Person’s Property?

Under South Carolina’s premises liability laws, if you sustain an injury on someone else’s property, you may have a right to sue the property owner for damages. When recovering compensation for injuries sustained in Columbia, it is important to understand your legal rights.

You must prove that the property owner had a duty of care towards the injured party. This means that the property owner must have known about an unsafe condition on their property that posed a risk of injury and failed to take reasonable steps to fix or warn visitors of the danger.

If a property owner fails in this duty of care, they can be held liable for any injuries that result from the dangerous condition.

In addition, it must be established that the property owner’s negligence was directly responsible for the injury sustained. You must show that the injury would not have occurred without the property owner’s failure to exercise reasonable care.

To make a successful premises liability claim, the plaintiff must also be able to prove that they suffered physical injury or damage as a result of the accident. This includes medical expenses, lost wages, pain and suffering, and any other damages incurred from the incident.

If you believe you have a valid premises liability claim against a property owner, immediately contact an experienced auto accident lawyer or personal injury, attorney. A skilled attorney can assess your case and guide how to seek financial compensation for your losses.

How Does South Carolina Law Handle Premises Liability Cases?

South Carolina follows holds property owners responsible for injuries that occur on their property due to unsafe conditions. In Columbia, property owners must maintain safe conditions for visitors, including guests, customers, and tenants.

If a property owner fails to meet this duty and someone is injured as a result, the injured party may be able to pursue compensation for their damages.

Pursuing Compensation for Injuries Sustained on Someone Else’s Property

Our Columbia personal injury lawyers can help you file a premises liability lawsuit if you were hurt on someone’s property.

Filing a Premises Liability Lawsuit

If you have been injured on someone else’s property due to their negligence, you may be able to file a premises liability lawsuit to recover compensation for your injuries. This may include compensation for medical expenses, lost wages, pain and suffering, and other damages.

Factors That May Affect Compensation

The amount of compensation you may be entitled to will depend on several factors, including the severity of your injuries, the extent of your medical expenses, and the impact your injuries have had on your life.

Talk to your lawyer to know how much your case is worth.

Importance of Seeking Legal Representation

It is important to seek legal representation from an experienced premises liability attorney to help you navigate the legal process and ensure that you receive fair compensation for your injuries.

Reach Out to an Experienced Columbia Personal Injury Lawyer Right Away!

An experienced personal injury lawyer from the Connell Law Firm can help you investigate the accident, gather evidence, negotiate with insurance companies, and represent you in court if necessary.

Our team of experienced Columbia personal injury attorneys will offer unmatched legal guidance and support throughout your case. We have a thorough understanding of Columbia’s injury liability laws and are committed to protecting our client’s rights and interests.