Curtis Dayson | Updated On: March 25, 2025 | Personal Injury
In South Carolina, you may have the right to pursue a personal injury claim if you are injured on someone else’s property, whether it’s a business, a friend’s house, or a public space. Property owners and occupiers are legally obligated to maintain safe environments for visitors. If they fail to do so, they can be held liable for any injuries that result from their negligence.
In Charleston and Columbia, personal injury claims stemming from injuries on someone else’s property are governed by premises liability law. If you’ve been injured while visiting a property, it’s crucial to understand your rights and how to proceed. Here’s a breakdown of what you need to know if you’ve been injured on someone else’s property in South Carolina.
Understanding Premises Liability Law in South Carolina
Premises liability refers to the legal responsibilities of property owners to ensure the safety of individuals who enter their property. These laws apply to private homes, businesses, and public spaces like parks and parking lots. In South Carolina, property owners and managers must maintain safe conditions for visitors, especially those invited onto the property.
The three most common types of visitors under premises liability law are:
- Invitees: Individuals who are invited onto the property for the property owner’s benefit, such as customers in a store or guests at a hotel. Property owners owe invitees the highest level of care to ensure the premises are safe.
- Licensees are people who enter the property for their purposes, such as social guests. Property owners must warn licensees of any known dangers, but they do not have to inspect the premises for hidden hazards.
- Trespassers: Individuals who enter the property without permission. In South Carolina, property owners do not owe a duty of care to trespassers, except in cases where there is a “willful or wanton” injury, such as setting traps or intentionally harming someone.
When you’re injured on someone else’s property, your status as an invitee or licensee largely determines the type of care the property owner owes you.
Common Injuries on Someone Else’s Property
Injuries on someone else’s property can vary greatly, depending on the circumstances. Common incidents include:
- Slip-and-Fall Accidents: These occur when a person slips or trips on wet floors, uneven surfaces, poor lighting, or obstacles in walkways.
- Dog Bites: If you’re attacked or bitten by a dog while visiting someone’s home or a public space, you may be able to hold the property owner responsible for not properly controlling their animal.
- Inadequate Security: If you’re injured due to a lack of proper security measures on the property (such as insufficient lighting or security guards), you may have a premises liability claim.
- Falling Objects: Injuries caused by falling objects, whether from shelves, poorly maintained ceilings, or overhead construction, can lead to significant harm.
- Swimming Pool Accidents: Serious injuries can result from pool accidents caused by poor maintenance, a lack of safety features, or a failure to supervise swimmers.
Proving Negligence in Premises Liability Claims
To win premises liability cases in South Carolina, you must prove that the property owner was negligent in maintaining the property. This means showing that the owner knew or should have known about the dangerous condition that caused your injury. The steps to proving negligence typically involve the following:
- Proving the Property Owner’s Knowledge: The property owner must have known about the hazardous condition or, in some cases, should have known about it. For example, if a spill on the floor was present for an extended period, the property owner might be deemed negligent for not cleaning it up.
- Showing the Hazard Was Dangerous: You must demonstrate that the hazardous condition was dangerous and directly caused your injury. For instance, tripping over a loose tile or slipping on a wet floor could be considered dangerous hazards.
- Establishing the Owner’s Failure to Act: You must show that the property owner failed to take appropriate action, such as fixing the hazard, providing warnings, or addressing the issue promptly.
You may be entitled to compensation for your injuries if you can prove these elements.
What Should You Do After an Injury on Someone Else’s Property?
If you’re injured on someone else’s property in Charleston or Columbia, it’s essential to take the proper steps to protect your legal rights and preserve evidence for your claim:
- Seek Medical Attention: Your health should be your priority. If you’re injured, make sure to get immediate medical care. Not only is this crucial for your recovery, but it will also document the extent of your injuries, which is essential for your claim.
- Report the Incident: Inform the property owner or manager about the injury immediately. Ensure an incident report is filed, and request a copy for your records. This can serve as an essential piece of evidence in your claim.
- Document the Scene: Take photos of the accident scene, including the hazardous condition that caused your injury. Gather the names and contact information of witnesses who saw the accident.
- Keep Records of Your Medical Treatment: Keep detailed records of your medical treatment, including doctor visits, prescriptions, and rehabilitation. These records will help substantiate your claim and prove the extent of your damages.
- Contact an Experienced Personal Injury Lawyer: An experienced personal injury lawyer in Charleston or Columbia can guide you through the legal process and help you navigate premises liability claims. Your lawyer will investigate the property owner’s negligence, gather evidence, and represent your interests in negotiations and in court.
The Importance of Working with an Experienced Personal Injury Lawyer
Premises liability cases can be complex, and property owners or their insurance companies may attempt to downplay the seriousness of your injuries or dispute their responsibility. Having an experienced personal injury lawyer by your side is crucial for protecting your rights and receiving fair compensation.
Your lawyer will:
- Conduct a thorough investigation of the accident scene and gather evidence
- Work with medical professionals to evaluate the full extent of your injuries
- Negotiate with the property owner’s insurance company on your behalf
- Represent you in court, if necessary, to ensure you receive the compensation you deserve
Protecting Your Rights After an Injury on Someone Else’s Property in South Carolina
Injuries on someone else’s property can have serious, long-lasting effects on your health and financial stability. If you’ve been hurt due to a property owner’s negligence, it’s essential to understand your rights and take the necessary steps to protect yourself legally.
An experienced personal injury lawyer can help guide you through the process and advocate for your best interests, ensuring you have the support you need to pursue justice and recover the compensation you deserve.
Contact Us for Help with Your Premises Liability Claim
If you or a loved one has been injured on someone else’s property in Charleston, Columbia, or anywhere in South Carolina, contact us for a free consultation. We are here to help you navigate the legal process and fight for the compensation you deserve.