When Your Back Is Against The Wall
South Carolina Premises Liability Attorney
Serving Premises Liability Victims Throughout South Carolina
Property owners have a legal responsibility to maintain reasonably safe premises. This means they are obligated to address, resolve, or warn patrons or visitors about potential hazards they knew or reasonably should have known about. When property owners fail to monitor the safety of their properties or perform basic upkeep, their negligence puts others at risk of injury.
If you were injured because of the negligence of a property owner or manager, Lanier Law Group, P.A. is in your corner. Our South Carolina premises liability lawyer can assess what happened and walk you through your legal options, including whether you have a strong personal injury claim. Our experienced team will go the distance and make every effort to secure the compensation you deserve.
To get started, call 919-342-1368 today.
Understanding Premises Liability in South Carolina
Under the state’s premises liability laws, property owners owe a legal duty of care to anyone who is legally present on their property. Consequently, property owners must make reasonable efforts to eliminate or sufficiently warn visitors about “dangerous conditions.”
Put simply, it is not a visitor’s responsibility to worry about dangerous hazards that could threaten their safety. It is on the property owner to either take steps to resolve these hazards or warn visitors about them. If someone gets injured because the property owner negligently failed to keep their property safe, the property owner may become liable for the victim’s injuries.
You likely have a strong premises liability claim in South Carolina if you can demonstrate the following elements:
- The property owner owed you a legal duty of care at the time of the accident (meaning you had permission to be both on the property and in the specific area where the accident occurred)
- A dangerous condition existed
- The property owner knew about or reasonably should have known about the dangerous condition
- The property owner failed to eliminate or adequately warn you about the dangerous condition
- You suffered injuries because the property owner failed to eliminate or warn you about the dangerous condition
- You suffered “damages” (such as medical expenses or lost income) because of your injuries
You may be wondering: When should a property owner “reasonably” know about a dangerous condition? It depends, but in many instances, if a dangerous condition was allowed to exist for an extended period of time, the property owner should have probably discovered and done something about it. For example, if nothing is done about a spill in a grocery store that sits for hours, it could be argued that the property owner or manager is negligently failing to monitor the safety of the store.
If you are not sure whether you have a case, our South Carolina premises liability attorney can help. We will carefully review the circumstances of your injuries and advise whether you have a claim.
Compensation for Premises Liability Victims in South Carolina
To recover compensation for damages, you must file a premises liability claim before the statute of limitations expires. In South Carolina, the statute of limitations for most personal injury claims is three years, so you usually get three years from the date of the accident to start the legal process.
For situations involving exposure to dangerous substances – where the victim will not be immediately aware of the harm until long after the initial exposure – the state’s discovery rule applies. This means you will get three years from the date you discovered or reasonably should have discovered your injuries to file a premises liability claim. You cannot generally recover compensation if you miss the applicable deadline, so do not wait to discuss your case with a legal professional if you think you may have a claim.
Our South Carolina premises liability attorney will fight to get you full and fair compensation for all losses, including:
- Medical expenses
- Lost income
- Reduced earning potential
- Property damage
- Pain and suffering
- Loss of consortium
- Loss of enjoyment of life
- Disfigurement
- Emotional distress
Types of Premises Liability Cases We Handle in South Carolina
We understand how to effectively approach many types of premises liability claims. Whether you were injured while shopping, in a parking garage, or even in your own apartment building, you can count on us for diligent legal support.
Our team at Lanier Law Group, P.A. can help you pursue a premises liability claim in many types of cases, including those involving:
- Dog bites. Dog owners are generally liable for any injuries suffered by a person bitten or attacked by their pet. Unlike some states, South Carolina does not have a “one bite” rule, meaning the dog does not have to have a history of violent behavior to trigger liability. The dog owner is liable for a bite or attack if the incident occurred in a public place or in a private location where the victim had permission to be. A dog bite victim typically does not have a premises liability claim if they provoke the animal into attacking them.
- Elevator accidents. Property owners must maintain and follow all applicable regulations for both residential and commercial elevators, which typically include scheduling annual inspections. When property owners neglect these responsibilities and an elevator malfunctions due to poor maintenance, causing an injury, the property owner could be held liable. Similarly, if an injury occurs because the property owner was aware of an issue with the elevator but failed to address it promptly or notify users, any individual injured because of the problem likely has a strong premises liability claim.
- Falling objects. Falling objects present a significant danger due to their potential to cause severe injuries or even death. Even relatively small items can become lethal if they fall from a significant height. Falling objects are a risk in many types of environments, including retail stores, construction sites, and even in residential properties, if property owners negligently fail to maintain safe premises. For example, merchandise stacked unsafely in a retail store or materials improperly secured at a construction site can unexpectedly fall, leading to injuries. Also, in homes, objects like heavy picture frames or decorative items can fall due to inadequate fastening, posing a risk to visitors. If these objects fall and cause harm due to the property owner’s negligence in securing or maintaining them properly, the injured party may have grounds for a premises liability claim.
- Exposure to dangerous substances. A property owner’s responsibility to provide a safe environment includes ensuring that visitors are not exposed to dangerous substances that could impact their health. Examples of such substances could include toxic mold, asbestos, or other harmful chemicals. For instance, if a landlord knows or should reasonably know that their property contains asbestos, a material linked to serious lung conditions including mesothelioma, and does not take action to remove or contain it, they could be held liable for any consequent harm to tenants. Similarly, if a retail store uses strong chemicals for cleaning or pest control without proper ventilation or warning notices, and a customer suffers harm due to inhalation or contact with these substances, the store could be subject to a premises liability claim.
- Inadequate security. Property owners have an obligation to provide sufficient security measures to ensure the safety of their visitors and tenants. This can involve things such as adequate lighting, secure locks, surveillance cameras, security personnel, or taking steps to prevent foreseeable criminal activities on their property. For instance, in a parking lot, a lack of proper lighting can create an environment conducive to criminal activities, potentially resulting in harm to visitors. Similarly, in a residential building, a broken or dysfunctional lock that the property owner has failed to fix promptly could lead to unauthorized entry and harm to the tenants. When property owners fail to uphold their duty of care in this regard, they can be held liable for any harm or losses incurred by the victims of crimes that occur on their premises due to these security lapses. Understanding whether you have a strong claim in these scenarios is not always easy, but our South Carolina premises liability lawyer can assess your options for recovering compensation.
- Lead poisoning. Lead, a toxic heavy metal, was commonly used in paints and other materials in homes and buildings constructed before the late 1970s. When these materials deteriorate or are disturbed during renovations, lead dust can be released into the environment, posing a serious health risk to occupants. Long-term exposure to lead, especially among children, can result in severe health problems, including developmental delays, neurological damage, and a myriad of other medical conditions. Property owners have a responsibility to ensure that their properties are free from lead-based hazards. If a property owner knows or should reasonably know of the presence of lead-based paint or dust and fails to take appropriate action to remediate the hazard or notify occupants about the risk, they can be held accountable for the resulting harm.
- Retail store injuries. Retail stores can also be a common setting for injuries that could lead to premises liability claims. In the hustle and bustle of shopping, accidents can occur due to various factors, including wet or uneven flooring, overcrowded aisles, or poorly stacked merchandise. For instance, a customer may trip and fall due to a loose tile or a spill that was not cleaned up in a timely manner. Similarly, a customer could be injured by merchandise falling from an improperly stacked shelf. In such cases, if it can be proven that the store owner or manager failed to maintain a safe environment or promptly address potential hazards, the injured party may be entitled to compensation for damages.
- Slip and falls. These incidents occur when a person slips, trips, or falls as a result of a dangerous condition on someone else’s property. For instance, slippery floors due to spills, uneven surfaces, icy walkways, or poorly lit stairs are common causes of such accidents. The resultant injuries can range from minor bruises to severe fractures, head injuries, or even spinal cord damage. If a property owner is aware of a potential hazard that could lead to a slip and fall and fails to take timely action to rectify it, they could be held liable if an injury occurs.
We are on your side and have what it takes to handle your premises liability claim! Call 919-342-1368 or contact us online today.
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*Featured Case Results, Settlements, & Trial Wins From Our Attorneys
Any result the law firm may achieve on behalf of one client is one matter and does not necessarily indicate similar results can be obtained for other clients.
$5.95 Million
Permanent Brain Failure
Our client had a brick fly off of a utility trailer and go through their windshield and hit her on the face.
$4.8 Million
Settlement
A case with multiple plaintiffs who were potentially exposed to a deadly disease while in the hospital.
$4.3 Million
Head-On Collision
Personal injury litigation settlement for a client who was involved in a head-on collision with a commercial tractor-trailer.
$3.1 Million
Birth Injury/Hypoxic Brain Injury
The OB doctor’s negligence caused a delay in the baby’s birth which resulted in the baby suffering of a severe hypoxic brain injury.
$1.8 Million
Litigation Settlement
Our client was involved in a motor vehicle accident with a meat truck.
$1.375 Million
Medication Overdose/Hospital Negligence
Our client died following an overdose of medication that occurred as a result of the negligence of the nursery staff while they were in the hospital.
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Any result the law firm may achieve on behalf of one client is one matter and does not necessarily indicate similar results can be obtained for other clients.
"20 out of 10 stars."
There are times in your life you are so hurt and feel life has a grudge against you. Nothing in your life is going right. I lost the most important person in my life to death, of which I knew mistakes were made because I witnessed it with my own eyes. When you contact a law group you most of the time get all business and a matter of fact conversation. I want all to know that from the first phone call they listened to my lengthy story, sobbing most of the time with so much compassion. They never made any promises but offered assurances that no stone would be unturned. They fulfilled every word they said. They restored faith that I had lost. Until you are in a position like mine you can never know how invaluable Lanier Law Group is. They were wonderful while maintaining their professionalism. They treated me like a family member. They really do care about their clients. But most of all they are the best at what they do. I worked in the court system for years so I knew how attorneys and law firms basically operated. Understanding the law and it’s interpretation is the ultimate key to winning any case. Also know that if an attorney/attorneys study and review your case and know that you don’t have a chance in a court of law and are big enough to tell you that instead of giving you false hope, you then my friend have a group with valuable shared values. I have so much respect for everyone in this Law Group. I recommend Lanier Law Group, P.A. to anyone who needs representation, they are in your corner. 20 out of 10 stars.
- Diane W.
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I started working with Lanier Law Group in 2020 on my Social Security Disability case. They from start to finish were awesome. My case manager Janet Hanks and attorney, Ashley Sappenfield were always available to answer all my questions. I did not have to do much but sit back and let them handle whatever was needed. My case took too long (2 years) and if I did not have Janet and Ashley My case would still not be approved. I would recommend Lanier to anyone to get the job done and approved. Do not go to another firm with your case, who promise the world and do not see it to completion and do not think another firms would have worked as hard as they did on my case. Lanier Law Group will always be the choice for me and all my family members to handle any cases of this type and other legal services they provide. They went above and beyond!
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Mrs. Gonzalez did an awesome job of explaining everything in detail and keeping me informed on the status of my case. Despite poor customer service with the insurance company, Mrs. Gonzalez was able to fix what they could not. Mrs. Gonzalez was very helpful with helping me understand things that I was not aware of when dealing with insurance claims. I am so thankful for her expertise and professionalism.
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The staff kept me well informed in a more than timely manner and was always ready to answer any questions I may have.
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