Orangeburg, SC Premises Liability Attorney

When someone is visiting a friend, shopping in a store, or doing something on someone else’s property, property owners owe a duty of care to visitors. If you are injured due to hazardous conditions on the property, the owner might be held liable under premises liability law.

You may be able to sue the property owner if you were lawfully present on the property and the property owner failed to maintain the property or remove hazards. Your case may be a bit more complex if you signed a waiver. While waivers may limit the property owner’s liability, they do not completely abolish their legal obligations, and the owner may still be held responsible under certain conditions.

Begin your case with a private, free legal review from our premises liability lawyers when you call Burriss Ridgeway Injury Lawyers at (803) 451-4000.

How Do I Sue for an Accident on Someone Else’s Property?

If you are injured because of unsafe conditions on someone else’s property, the property owner may be held responsible for your injuries and damages. Before you begin your case, talk to your attorney about the following details.

Determine Who Owns the Property

First, we must determine who owns the property where you were injured. Were you visiting the home of a neighbor or friend? Maybe you were injured while out shopping or running errands. Where exactly was the property, and how was it being used when you were hurt? The answers to these questions will help us determine who should be held responsible.

Generally, property owners may be liable for injuries caused by hazardous conditions on their property. They have a legal obligation to remove known hazards, make reasonable inspections for unknown hazards, and inform others about hazards that cannot be removed or repaired.

Evaluate How the Accident Happened

Next, our premises liability attorneys will evaluate exactly how the accident happened and how you were injured. We must be able to prove that you were injured as a direct result of dangerous conditions present on the property that the owner should have removed or warned you about.

We must also prove that the property owner’s failure to remove or repair the dangerous condition, or to warn you of it, constitutes a violation of their legal duty of care. If you were injured because of your own negligence or the actions of someone other than the property owner, they might not be held responsible.

How Were You Present on the Property?

We must also consider why you were on the premises in the first place. Property owners may owe a duty of care and safety to people they directly invite onto their property (e.g., social guests) and to people they can reasonably expect to show up without being directly invited (e.g., a customer shopping in a store).

Were you authorized to be there? If so, the property owner may have owed you a legal duty of care, and the accident may be the result of a violation of that duty. If you were not authorized to be there (e.g., a trespasser), the property owner can argue that they owed you no duty of care.

Limitations of Premises Liability Laws in Orangeburg, SC

Premises liability may not cover every possible situation. Under certain circumstances, a property owner’s liability for accidents may be limited.

Land for Recreational Purposes

Under South Carolina law, a landowner owes no duty of care to keep their land safe for others if entrants have obtained permission to us ethe land for “recreational purposes.”

Recreational purposes are defined to include, but are not limited to, fishing, hiking, hunting, swimming, camping, boating, picnicking, sporting, or various other outdoor activities.

However, landowners may still be liable for injuries from gross negligence. For example, if a campsite contains a large hole 20 feet deep that is difficult to notice from afar, the landowner must warn campers about the danger, as it poses a clear risk and could cause severe injuries.

Liability Waivers

Waivers are common when people participate in risky activities. For example, before signing up for a community sports league, participants often sign liability waivers that release the league and landowners from liability for accidents on the playing field.

While waivers can make it difficult to hold property owners accountable for accidents, they are not infallible. Waivers may be invalid if signed by a minor or are overly broad or vague about how and why the property owner is being released from liability.

Waivers also do not absolve landowners of liability for gross negligence.

Assumption of the Risk

Assumption of the risk is a legal defense where a defendant can argue that the plaintiff was aware of the danger and chose to proceed. Typically, the defendant would need to prove that the plaintiff had actual knowledge of the danger, appreciated the nature of the danger, and willingly and voluntarily exposed themselves to that danger.

This can be a tricky defense to prove. If you had no idea about the danger on the defendant’s property or did not fully realize how dangerous the property really was, we can work to undermine the defendant’s arguments.

FAQs About Premises Liability Claims in Orangeburg, SC

Who is Responsible for Accidents from Unsafe Property Conditions?

Often, property owners are legally responsible for accidents and injuries that occur on their property as a direct result of unsafe conditions on the premises. This may include private landowners, like neighbors, or corporate entities, like businesses.

Are Property Owners Supposed to Warn Guests of Hazardous Conditions?

Yes. If a property owner knows of unsafe conditions on the property that cannot be immediately removed or repaired, they have a duty to adequately warn guests. This might be as simple as putting up a warning sign at the property’s entrance. If the risk is more serious and should be avoided, a more direct and formal warning may be necessary to be considered adequate.

How Do I Prove My Claims in a Premises Liability Case?

You must prove that the defendant owns the property where you were injured. You must also prove that your accident was the direct result of the defendant’s failure to maintain the property, remove known hazards, or make reasonable inspections for unknown hazards.

Can I Sue for Premises Liability if Insurance Covers My Damages?

Yes. You can even claim damages that were already compensated through insurance. However, if you win your lawsuit, the insurance company may file a subrogation claim to make you pay them back. You cannot recover compensation for the same damages twice.

Are Premises Liability Cases Serious?

Premises liability cases are often more serious than people assume. Many believe that most of these cases involve minor slip-and-fall accidents. The truth is that many premises liability cases involve severe injuries caused by extremely dangerous conditions on someone’s property, and victims are often badly injured. Even a slip and fall accident can cause serious injuries.

Ask Our Orangeburg, SC Premises Liability Lawyers About Your Case Now

Begin your case with a private, free legal review from our premises liability lawyers when you call Burriss Ridgeway Injury Lawyers at (803) 451-4000.