What if the property owner claims they did not know about the hazard?
Property owners are liable not only for hazards they knew about, but also for those they should have known about. South Carolina law also holds them responsible for conditions they should have known about had they conducted reasonable inspections. If a hazard existed for a sufficient amount of time for a reasonable inspection to discover […]
Do property owners owe a duty of care to everyone on their property?
The duty of care depends on how the visitor entered the property. Invitees, typically customers of a business, are owed the highest duty. Licensees, typically social guests, are owed a duty to warn of known hazards. Adult trespassers are generally owed no duty beyond protection from intentional harm. Children are generally owed a higher standard.
What types of accidents fall under premises liability in Charleston?
Premises liability covers a broad range of injuries, including those resulting from negligent security, assaults, swimming pool accidents, elevator and escalator failures, dog bites, construction site hazards, flooding and water damage, parking lot injuries, stairwell accidents, fires, and toxic chemical exposure.
How much time do I have to file a claim?
Three years from the date of the incident. Since surveillance footage and maintenance records are often lost well before then, contact a Food Lion injury attorney as soon as possible to build the strongest case.
Can I recover compensation if I was partially at fault?
Under South Carolina’s modified comparative fault system, your recovery is reduced by your percentage of fault, up to fifty percent. Food Lion’s defense will likely argue you should have noticed the hazard. An attorney can challenge inflated fault assignments.
What if Food Lion denies responsibility?
A denial is just the company’s initial litigation position, not a final determination of your rights. Food Lion’s insurer is financially incentivized to undervalue claims. An independent investigation gathering surveillance footage, inspection logs, and maintenance records can challenge that denial.
Can I sue over a leaking refrigeration unit?
Yes. Food Lion is fully responsible for maintaining its refrigeration units. If a leak creates a floor hazard the company fails to address in a timely manner, it is liable for resulting injuries. Maintenance records for the unit may show prior notice of the issue.
What if there was no wet floor sign?
The absence of a warning sign is direct evidence Food Lion failed its duty of care. Photograph the absence at the scene and notify the manager when reporting the incident. This can support a failure-to-warn argument.
Can Food Lion be held liable for injuries in the produce section?
Yes. The produce section is one of the most hazardous areas in any grocery store, and Food Lion has a heightened duty to manage moisture from misting systems, refrigerated displays, and customer handling. If the company fails to address this and a customer is injured, it is directly liable.
How long does Food Lion keep surveillance footage?
Typically thirty to sixty days before it’s automatically overwritten. This footage is critical in produce or refrigeration-related cases, as it can show how long a floor was wet before the fall. Contact a Charleston Food Lion attorney promptly to ensure a preservation demand is sent before the footage is lost.
What if I was partially at fault?
Under South Carolina’s modified comparative fault system, your recovery is reduced proportionally by your percentage of fault as long as it does not exceed fifty percent. Home Depot’s defense team routinely attempts to assign fault to injured customers to reduce the company’s liability.
How long does Home Depot keep surveillance footage?
Approximately thirty days before it is automatically overwritten. Without a formal legal preservation demand issued before that window closes, footage documenting the hazard and the circumstances of your fall may be permanently lost. This is one of the primary reasons to contact an attorney as soon as possible after the incident.