When hurt on another person’s property, you may wonder if they are responsible for your injuries. Per premises liability law, a property owner is responsible for injuries suffered on their property when they didn’t take reasonable care in keeping their guests safe. A premises liability lawyer serving Clemson, Easley, and Pickens can determine if your accident was an act of premises liability and help you develop a case against the property owner.
- 1 Should I File a Premises Liability Claim for My Case in South Carolina?
- 2 Types of Premise Liability Cases Serving Clemson, Easley, and Pickens
- 3 Responsibility of Property Owners in Premise Liability Cases Serving Clemson, Easley, and Pickens
- 4 Compensation in a Premises Liability Case in South Carolina
- 5 Deadline for Filing a Premise Liability Case in South Carolina
- 6 Hiring a Premises Liability Lawyer Serving Clemson, Easley, and Pickens
Should I File a Premises Liability Claim for My Case in South Carolina?
In premises liability cases, it is necessary to prove that a property owner was negligent and this negligence led to your personal injuries. You may need a premises liability lawyer serving Clemson, Easley, and Pickens to help you establish negligence in a lawsuit. They will investigate your claims and help to establish liability for your injuries.
It is important to prove fault in a premises liability case as the court uses a comparative fault law to determine negligence in premises liability lawsuits. These cases look at the percentage of fault of both parties in a lawsuit and adjust the settlement accordingly in the case. This means your percentage of fault reduces your settlement award by that amount.
Working with a premises liability lawyer serving Clemson, Easley, and Pickens can help reduce your percentage of fault and show that a property owner was negligent in your premises liability case. It is important to understand that when injured on another person’s property, that it is not always considered a premises liability issue. There are cases when a property owner was unaware that their property was unsafe and an accident could occur that causes injury.
It is necessary to establish that a property owner caused the injury because of unsafe conditions on their property. They needed to be aware that the property was unsafe or should have known that the property was unsafe. Your South Carolina premises liability lawyer will prove this burden and help you to receive compensation in your case.
Types of Premise Liability Cases Serving Clemson, Easley, and Pickens
There is an extensive range of accidents that occur that are premises liability cases. The most common types of accidents that lead to premises liability lawsuits in South Carolina include:
Slip and fall accidents
When a property owner knowingly does not take care of their home or business and has areas that are hazardous, a slip and fall accident can occur. These accidents are premises liability cases and a premises liability attorney serving Clemson, Easley, and Pickens can help you with your lawsuit.
Swimming pool accidents
Swimming pools are also areas where premises liability claims are common. Pools that are not maintained, properly labeled, or have faulty deck areas are dangerous for you to use. When injured at a swimming pool, it is often the fault of the property owner that you got hurt. Speak to a premises liability lawyer serving Clemson, Easley, and Pickens, to help you with your case.
Building security issues
These types of accidents typically occur in apartment areas or buildings that are insecure. There are a myriad of ways that injury can occur if a building is not properly secured. A premises liability attorney serving Clemson, Easley, and Pickens can help you determine if you deserve compensation for your injuries.
Dog bites or attacks
When a dog bites or attacks you on the owner’s property, it falls under premises liability. The owner of the dog has a responsibility to keep you safe from their pet and you have a right to compensation under the law for your injuries. Discuss your premises liability case with an attorney to understand what your legal rights are under the law.
Elevator and escalator accidents
Broken and improperly maintained elevators and escalators are the responsibility of the property owner to fix. When injured because repairs were not taken into consideration by the property owner, a premises liability lawyer can help you get compensation for your injuries.
Snow and ice accidents
The weather can wreak havoc on the pavement, parking lots and driveways. This can cause you to easily hurt yourself if the property owner has not taken the proper precautions to make sure these areas are safe. A premises liability lawyer serving Clemson, Easley, and Pickens can help you understand if the property owner was negligent in their actions and help you receive a settlement in your premises liability case.
Amusement park accidents
More and more we hear of amusement park accidents. These scary accidents can cause grave injuries that deserve compensation. The owner of the amusement park is responsible for making sure all guests are safe and a premises liability attorney serving Clemson, Easley, and Pickens can help you file a suit against them.
When a fire breaks out, it can cause mass panic. You can get hurt trying to evacuate because of the fire. Fire exits need proper markings in a building and you should get to safety as quickly as possible. If hurt because of a fire, seek help from a premises liability lawyer to discuss your case and the legal actions you should take.
Responsibility of Property Owners in Premise Liability Cases Serving Clemson, Easley, and Pickens
Property owners have a responsibility to keep their property safe for anyone they knowingly invite to enter it. They need to warn of any dangers that they are aware of and advise them on safety procedures. These responsibilities extend to guests invited to the property as well as consumers that businesses knowingly want to frequent their establishment.
When you are an invited guest at a business, shop or retailer, the assumption is that they invited you there based on them wanting your business. They must keep you safe during your stay and warn you if a danger is to arise.
This responsibility does not extend to trespassers on a property as the law in Clemson, Easley, and Pickens exempts property owners from keeping these individuals safe. They are not invited to come on to the property and are knowingly taking a risk by doing so themselves.
When it comes to children, different premises liability laws apply. Property owners have a special responsibility in keeping children safe. They must remove all liabilities and attraction to objects that can cause a child harm.
Because the mental capacity of children is not the same as an adult, they avoid seeing the danger in objects that an adult would know to stay away from because it is hazardous. These objects must be secured and not expose where a child could reach or find them. This is the case with swimming pools as a child would naturally be attracted to this area that they associate with fun. A property owner needs to secure the pool area to prevent children, even those that are trespassers, from entering and hurting themselves.
Manmade dangers are not considered property liabilities for a property owner as they have no responsibility for their formation. This would include streams, lakes, and ponds. This applies to children as well that are drawn to the areas and hurt themselves.
However, a property owner is responsible for your injuries should a third party injure you on their property, and they knowingly knew about the danger and failed to warn you.
Compensation in a Premises Liability Case in South Carolina
Your injuries in a premises liability case deserve compensation by the property owner that was negligent in your case. There are a variety of damages you can seek in your premises liability lawsuit. A premises liability attorney serving Clemson, Easley, and Pickens, can determine what your damages are and put together a settlement agreement with the insurance company. Consider these damages for your premises liability case:
Your settlement award covers your medical expenses to treat your injuries. You may seek compensation for current as well as future medical care costs as your injuries may require long-term care. A premises liability lawyer serving Clemson, Easley, and Pickens can help you determine what your medical needs are now and into the future.
When you miss time from work because of your injuries, you are due compensation for lost earnings. Your settlement can include these lost wages and provide you financial relief for the time that you missed from work. A premises liability attorney serving Clemson, Easley, and Pickens will help you calculate your lost earnings for your recovery time.
Pain and suffering
Often times, premises liability accidents can be traumatic. They can cause emotional anguish and mental suffering. Work with your premises liability lawyer to determine the value of your pain and suffering damages.
Loss of enjoyment
If your injuries prevent you from doing things that you once enjoyed, then you need compensation for a loss of enjoyment in your premises liability case. This can include hobbies that you can no longer perform or activities that you no longer participate in because of your injuries. A premises liability attorney can help you recognize if you are suffering from a loss of enjoyment and are deserving of damages.
Loss of consortium
When a loss of companionship occurs in your premises liability case, you can seek loss of consortium compensation. This could be a loss of companionship due to death or mental or physical state. A premises liability attorney serving Clemson, Easley, and Pickens can help you understand your rights when it comes to consortium losses.
Punitive damages are awarded in cases when the actions of a property owner were particularly hazardous and caused grave injury. These damages can provide financial punishment to the defendant and act as a deterrent to others that engage in the same dangerous behavior. Punitive damages are capped at $500,000 in Clemson, Easley, and Pickens.
Deadline for Filing a Premise Liability Case in South Carolina
There are laws in place that govern the timeline for filing a premises liability case. The statute of limitations requires that all premises liability lawsuits occur within three years from the date of the accident where the injuries occurred in your case.
It is imperative that you speak with a premises liability attorney serving Clemson, Easley, and Pickens about your case as soon as possible. Waiting for your premises liability lawsuit could forfeit your settlement award for violating the statute of limitations for premises liability cases.
Speaking with a South Carolina premises liability lawyer about your case as quickly as possible after your accident can provide plenty of time for filing a lawsuit if negotiations with an insurance company do not produce a fair settlement award for your injuries.
Hiring a Premises Liability Lawyer Serving Clemson, Easley, and Pickens
Working with a premises liability attorney in South Carolina can help you receive the settlement award you deserve for your injuries. Your attorney will work with you to determine what the correct course of action to take in your premises liability case is and help you get the compensation you need to recover from your injuries without worry.
Your premises liability lawyer will work to get you a settlement in your case and negotiate with insurance companies on your behalf. They will help you get a fair settlement in your case and fight for your rights under the law.
If your premises liability case should need to go to court, they will support you during your lawsuit. They will represent you in court and help you understand the legal process as it relates to your premises liability case.
When injured because of the negligent actions of a property owner, you need the help of a premises liability attorney serving Clemson, Easley, and Pickens to help you with your case. The personal injury lawyers at Brumback & Langley, LLC can help. They can fight for your right to a settlement under the law and get you the maximum compensation in your case. Contact us today by calling (864)-326-0424 to set up a consultation.