The Who, What, When, and Why of Premises Liability

What types of accidents may be considered premises liability?

Property owners who neglect their legal responsibility legal duty may be held liable for injuries and losses that arise from:

  • Obstructed walkways;
  • Falling objects;
  • Faulty elevators and escalators;
  • Inadequate security;
  • Poor lighting;
  • Playground or amusement park accidents;
  • Swimming pool accidents;
  • Defective equipment;
  • Illness caused by toxic materials;
  • Not taking care of naturally occurring hazards; and
  • Dog bites.

What do you have to prove?

It is not sufficient to simply prove negligence in a premises liability claim. Hazards may be either permanent or temporary, and in either case, a victim must prove first and foremost that the injury happened on the property. That being said, it must be determined that:

  • They were injured while on the premises
  • The defendant had an ownership interest in the property
  • The defendant was negligent in some way with how the property was used or maintained
  • The defendant’s negligence was responsible for the injury

What can you expect to recover?

The value of a case is based on multiple factors. In a personal injury case, damages are not just medical bills, but also include the value, in dollars, of all the pain and suffering the accident caused you, plus your present and future lost earnings and your earning capacity. Proving premises liability is often complicated. The right attorney will design a case strategy based on the severity of your injuries and the degree of negligence. It is possible to recover damages for:

  • Emergency medical transportation and treatment
  • Long-term hospital accommodations
  • Doctor’s visits and examinations
  • Pain and suffering
  • Loss of wages

At Hughey Law Firm, we represent injured people and parties in personal injury cases on a contingency basis, which means there are no attorney fees for you unless we reach a settlement or collect a judgment in your case. Although all cases are different, and we can not promise your claim will have similar results, we are nonetheless proud of our past case results.

What you need to do following the incident:

  • Immediately notify the property owner
  • Ask for a copy of their “incident report” to their insurance carrier
  • Take pictures of the area. Show the dangerous condition that harmed you, lighting conditions, and weather conditions
  • Collect evidence, such as clothing you wore the day of the accident.
  • Get the contact information for any witnesses
  • Seek immediate medical care for obvious injuries
  • Schedule an appointment for a medical evaluation to determine if there are any injuries you may not be aware of
  • Medical records, as proof of an injury, and bills to show how much the damages were.
  • Keep copies of all out of pocket expenses directly related to the accident
  • Refrain from posting anything about your accident on social media
  • Speak to an attorney before you sign anything.
  • Copies of any relevant reports.

When

When you have been injured and are able to document that the injury was the direct result of negligence on the part of a property owner, you are entitled to seek compensation. Failure to act quickly may result in the loss of evidence needed to defend your case. In South Carolina, the statute of limitations for personal injury cases is three years from the date of the injury. You will only have two years to file a claim against the state as a defendant.

Why

Why you need legal advice

The state of South Carolina’s laws and regulations concerning personal injury and premises liability are complex. The state does not require you to have a lawyer to file a claim, but not having legal representation can have many consequences. This is not something you should try to do alone. Without professional guidance, you will have to deal with insurance carriers and the legal system unarmed. Do it right and set yourself up for success.

A personal injury attorney can help you If you or a loved one have been seriously injured and have reason to believe you have grounds for a premises liability claim. An experienced personal injury attorney can investigate all the particulars of the incident, and collect sufficient evidence to hold the responsible party accountable for their negligent actions.

Contact Hughey Law Firm online or call (843) 881-8644 to schedule a consultation if you have been injured due to another individual’s negligence. Our firm can help you secure the kind of financial compensation you and your family deserve.

Contact Hughey Law Firm

Call 843-881-8644 or toll-free 1-877-811-8644 or fill out the form below. Back to Top