
If you were injured on someone else’s property in Charleston or anywhere in South Carolina, the property owner or the party responsible for maintaining the property may be liable for your injuries. Premises liability is a broad legal concept that holds property owners and occupiers accountable when unsafe conditions on their property injure visitors, customers, or guests. This liability covers more than just slip and falls. It also covers negligent security that allows an assault to occur, defective building conditions, swimming pool accidents, elevator and escalator failures, animal attacks, and construction site hazards.
Charleston’s mix of historic downtown properties, active commercial corridors, high-density residential developments, and growing suburban communities creates a wide range of premises liability environments. Unaddressed property conditions in any of these settings can result in serious injuries with long-lasting physical, financial, and personal consequences.
Hughey Law Firm represents victims of premises liability throughout Charleston, North Charleston, Mount Pleasant, and South Carolina.
Call (843) 881-8644 to schedule a free consultation, fill our contact form or connect through live chat to speak with our team.
Charleston Premises Liability Guide
What Is a Premises Liability Claim in South Carolina?
A premises liability claim arises when someone is injured by a defective, dangerous, or negligently maintained condition on another party’s property. The property owner or the party responsible for maintaining the property may be held liable for these injuries if they knew or should have known about the hazardous condition but failed to address it or warn people on the property about it.
In South Carolina, premises liability cases are governed by the legal relationship between the injured person and the property owner. South Carolina law recognizes four classifications that affect the duty of care owed:
- Invitees are individuals who enter with the owner’s invitation, typically customers of a business. Property owners owe invitees the highest duty of care, including a duty to actively inspect and correct hazardous conditions.
- Licensees are individuals who enter with the owner’s consent, such as social guests. Owners must warn licensees of known dangers, but they are not required to actively inspect for hazards.
- Adult trespassers are owed no duty of care beyond avoiding willful or wanton injury.
- Children are generally owed a higher standard of care, including protection from attractive nuisances, regardless of whether they were invited onto the property.
Common Causes of Premises Liability Accidents in Charleston
Premises liability claims in Charleston arise from a variety of property types and hazard conditions. Common causes include:
Premises liability accidents in Charleston are often caused by deteriorating road surfaces, which consumer safety organizations have documented as some of the worst in the country. Other contributing factors include the concentration of pedestrian traffic through historic downtown areas with uneven surfaces and aging infrastructure, as well as the ongoing construction activity in the rapidly developing North Charleston, West Ashley, and Cainhoy Peninsula corridors.
Who Can Be Held Responsible?
Depending on the nature of the property and the circumstances of the injury, premises liability cases in Charleston can involve multiple potentially responsible parties.
- Business owners who invite customers onto their property have the highest duty of care and are often defendants in commercial premises liability claims.
- Homeowners who invite guests onto their property are responsible for maintaining safe conditions and warning guests of known hazards.
- Property management companies that are contractually responsible for maintaining a property are liable when their negligence creates or allows dangerous conditions.
- Stores, malls, and restaurants are responsible for the conditions within their premises and adjacent controlled areas.
- Parent companies and corporate ownership entities may share liability when their operational decisions, including staffing and maintenance budgets, create conditions that cause injury.
What Makes a Property Unsafe Under South Carolina Law?
A property condition is legally actionable if it poses an unreasonable risk of harm of which the responsible party was aware or should have been aware and failed to address or warn about in a timely manner. The duty does not require perfection. Rather, it requires reasonable care, taking into account the nature of the property, the foreseeable activity on it, and the class of visitor involved.
For example, a wet floor in a commercial grocery store that staff knew about but failed to mark is an actionable condition. Similarly, a broken stairwell railing in an apartment complex that management ignored for months is also an actionable condition. Inadequate security in a parking garage where prior incidents should have alerted the owner is also an actionable condition. These situations are connected by the gap between what a reasonably careful property owner would have done and what the defendant actually did.
Steps to Take After a Premises Liability Accident in Charleston
If you are involved in a premises liability accident in South Carolina, you should document the scene, report the incident, seek medical attention, and contact an attorney before speaking with the property owner’s insurer. Here are the steps in detail:
- Step 1: Document the hazardous condition immediately.
- Step 2: Report the incident to the property owner or manager.
- Step 3: Collect witness contact information.
- Step 4: Seek a medical evaluation on the same day.
- Step 5: Do not give a recorded statement to the property’s insurer.
- Step 6: Contact Hughey Law Firm promptly.
What Damages Can You Recover?
According to South Carolina law, victims of premises liability can pursue compensation in the following categories.
- Economic damages cover tangible financial losses, such as medical bills, hospital stays, surgeries, prescription medications, rehabilitation and therapy, lost wages, reduced earning capacity, and the cost of ongoing care.
- Non-economic damages include pain and suffering, physical impairment or disfigurement, mental anguish, emotional distress, loss of enjoyment of life, and loss of consortium.
- Punitive damages may be available when there is clear and convincing evidence that the property owner acted recklessly, wantonly, or with malice.