Lawyers Helping Premises Liability Accident Victims in Myrtle Beach Pursue Monetary Compensation
When most people hear the words “premises liability,” the first thing that usually comes to mind is a slip and fall accident. However, premises liability cases can involve any type of accident that occurs on someone else’s premises. Owners and occupiers of property have a duty to maintain their property is a reasonably safe condition at all times, for the benefit of those who visit the property. When they fail to undertake the necessary and proper precautions, they may be deemed responsible for any accidents that occur on their premises.
The premises liability lawyers at the Hughey Law Firm, who serve Myrtle Beach and the surrounding areas, are experienced negotiators and litigators. If you have sustained injuries in an accident that occurred on someone else’s property, our knowledgeable team of personal injury lawyers may be able to pursue your case and help you obtain monetary damages.
The Statute of Limitations in Premises Liability Cases
Pursuant to South Carolina law, personal injury cases—including those involving premises liability—are subject to a three-year statute of limitations. This means that any claim or lawsuit arising out of personal injuries must be filed within three (3) years of the date on which the accident took place. If a claim for damages or a lawsuit is not filed within this three-year time period, the accident victim may be forever precluded from seeking damages in his or her case.
Statutes of limitations like this one are in place to prevent evidence from growing stale and to ensure that witnesses to the accident remain available to testify at depositions or in court.
Types of Premises Liability Cases
Premises liability encompasses much more than slip and fall accidents. Some of the most common types of premises liability cases involve:
- Slip and falls (or trip and falls), where a person slips/trips and falls on someone else’s property—either indoors or outdoors. These types of accidents are especially common in stores, restaurants, and shopping malls. Outdoors, these accidents can occur in parking lots, parking garages, or on sidewalks surrounding the premises.
- Inadequate maintenance of the premises, where property owners, managers, and landlords fail to maintain certain areas or aspects of the premises—or where they fail to remedy other defective property conditions. Common examples of inadequate maintenance include failing to timely fix a broken staircase or railing on the property.
- Deficient building security, where property owners or managers fail to ensure that their property is properly guarded, secured, and well-lit at all times, proximately leading to assaults by others on the premises or injuries on the premises.
- Inadequate property supervision, especially in the school or playground context. When property owners or managers fail to supervise children or other individuals on their premises, and injuries occur, they can be held liable for damages.
- Escalator and elevator accidents, usually where these mechanisms are not properly maintained or defects are allowed to persist for long periods of time.
- Dog bites, where dogs are allowed to roam the premises unsupervised and cause injury to those who are present on the premises.
- Swimming pool accidents, where swimming pools and other water features on the premises are not properly maintained, or where lifeguards and other pool staff are negligent in performing their duties or guarding the water.
The knowledgeable premises liability lawyers at the Hughey Law Firm, who handle cases throughout the greater Myrtle Beach area, can review the factual circumstances of your case and may be able to pursue monetary recovery for you.
Who Bears Liability for Accidents on the Premises?
When it comes to accidents and injuries sustained on someone else’s property, the big question becomes who can be held responsible. The owner of the property is the most obvious individual who could be held responsible for injuries and damages sustained in the accident. Other potentially responsible parties can include:
- Property developers;
- Property managers;
- Property management companies;
- Building managers; and
- Governmental entities.
The premises liability lawyers at the Hughey Law Firm can investigate your case and determine whom to hold accountable.
Duties of Property Owners
Property owners and managers owe a duty of reasonable care to most individuals who are present on their premises. The extent of this duty depends upon the property visitor’s status on the premises. For example, invitees—or individuals who are on the premises to benefit the owner—are owed the highest duty of care. Property owners must inspect their premises and warn of (or repair) known and unknown defects and hazards.
Licensees, on the other hand, are individuals who are present on the premises usually as social guests. Property owners have a duty to warn licensees of known, hidden defects on the premises—or to promptly correct those defects.
Trespassers are individuals who are not authorized to be present on the premises, or who remain on the premises after their permission has expired. Although property owners generally do not owe a duty of care to adult trespassers, they may owe a duty of care to child trespassers. An individual’s status on the premises may also change from invitee or licensee to trespasser, depending upon the circumstances.
Seeking Monetary Damages
Individuals who are present on someone else’s premises can sustain a variety of injuries, including broken bones, muscle contusions, traumatic brain injuries (TBIs), and spinal cord injuries. These injuries can result in long periods of medical treatment, missed time from work, pain, suffering, inconvenience, and lost enjoyment of life. Any of these damages is compensable under the law in a Myrtle Beach premises liability case.
The attorneys at the Hughey Law Firm can help you prove the extent of your personal injuries and damages in your personal injury case.
Call a Premises Liability Lawyer Today to Discuss Your Legal Options in Myrtle Beach
In premises liability and other personal injury cases, accident victims always have legal rights open and available to them. The compassionate premises liability lawyers at the Hughey Law Firm can explain those legal rights to you and take action on your behalf to maximize the potential value of your case.
To schedule a free consultation and case evaluation with a premises liability lawyer handling cases in Myrtle Beach, please call us today at (843) 881-8644, or contact us online.