What Is a Premises Liability Claim in Charleston?
- 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
- Slip and Fall Injuries
- Negligent security and assaults
- Swimming pool accidents
- Elevator and escalator failures stem from property managers failing to service equipment in strict accordance with national ASME safety codes.
- Parking lot injuries
- Construction site hazards
- Flooding and water damage
- Dog bites and animal attacks
- Stairwell and ramp accidents
- Amusement park accidents
- Dram shop and liquor liability
- Fires and toxic chemical exposure
Premises liability accidents in Charleston are often worsened by deteriorating walkways and road surfaces; data from national research groups like TRIP outline South Carolina’s surface transportation system gaps, calculating that nearly half of the major roads remain in poor or mediocre condition. Other contributing factors include the concentration of pedestrian traffic through historic downtown areas with uneven surfaces and aging infrastructure, as well as the continuous construction and high-risk pedestrian activity noted across major regional corridors, which have prompted targeted safety enforcement campaigns by the South Carolina Department of Transportation to reduce heavy commercial conflict zones.
Who Can Be Held Responsible?
- 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.
- 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.
- 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.
Hughey Law Firm represents injury victims in premises liability cases of all kinds in Charleston and throughout South Carolina. Our attorneys are experienced in identifying all liable parties, including insurers in complex, multiparty claims, as well as coverage under homeowners’ umbrella policies. We collaborate with a network of independent experts, including accident reconstructionists, building safety specialists, and medical professionals, to determine the nature of the hazardous condition and the extent of the resulting injuries.
- We provide full case management from start to finish. We handle every aspect of the claim, including the initial investigation, evidence preservation, expert retention, insurance negotiations, and litigation when necessary.
- We provide independent expert support. We collaborate with accident reconstructionists, flooring and building safety specialists, security experts, and medical professionals whose testimony supports the full scope of the claim.
- We have trial capability. When insurance companies decline to offer fair value, Hughey Law Firm takes premises liability cases to trial. This readiness influences how every case is valued and negotiated.
- There is no fee unless we recover. All premises liability cases are handled on a contingency fee basis. You pay no attorney fees unless we secure compensation for you.
- We serve all of South Carolina. From our Charleston office, we represent clients throughout the metro area, including North Charleston, Mount Pleasant, Summerville, Goose Creek, and other South Carolina communities.
Contact a Charleston Premises Liability Attorney Today
If you were injured on someone else’s property in Charleston or anywhere else in South Carolina, the Hughey Law Firm is ready to evaluate your situation and pursue the compensation your injuries warrant. The initial consultation is free and confidential.
Call (843) 881-8644 for a free consultation, fill out our contact form, or use live chat to speak with our team now. We represent families throughout Charleston, the Lowcountry, and across South Carolina.
Disclaimer: The information on this page is intended for general informational purposes only and does not constitute legal advice. Every case is different. Past results do not guarantee future outcomes. Hiring a lawyer is an important decision that should not be based solely on advertisements. Ask us to send you free written information about our qualifications and experience before you decide. The Hughey Law Firm is located in Charleston, South Carolina.
Frequently Asked Questions
Should I accept the insurance company’s early settlement offer?
Not without consulting an attorney first. These offers are usually designed to resolve the claim quickly for less money than the injury deserves, especially before the full medical picture is known. An attorney can evaluate whether an offer reflects the true value of your claim.
How long do I have to file a premises liability claim in South Carolina?
In most cases, the statute of limitations is three years from the date of the injury. However, because evidence deteriorates quickly and insurance companies begin building their defense immediately, contacting an attorney as soon as possible after the incident provides the strongest possible foundation for the claim.
Can I still receive compensation if I was partially at fault?
Yes, in most cases. South Carolina’s modified comparative fault system reduces your compensation proportionally by your percentage of fault, as long as it does not exceed 50%. However, if you are found to be fifty-one percent or more at fault, you will not receive any compensation. An attorney can investigate the specific facts of your case to ensure that fault is assessed accurately.
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 it, the owner is considered to have constructive knowledge of it.
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.