FAQs About Premises Liability Law
In South Carolina, premises liability is a legal concept that holds business and property owners liable for accidents that happen on their property. In some cases, tenants and land occupiers can also be held liable under the law. Premises liability cases are complicated and when an accident happens, victims often have many questions. Below, our Mt. Pleasant premises liability lawyer provides the answers to the questions we most commonly hear.
What are the Different Types of Visitors in Premises Liability Law?
In premises liability claims, liability largely depends on the status of the accident victim. The status of the injured party determines the level of duty the property owner carries. The three different visitor statuses include:
- Invitees: Invitees are visitors who are invited onto the premises to benefit the property owner. For example, customers in a grocery store are classified as invitees. Property owners owe invitees the highest duty of care.
- Licensees: A licensee is an individual who enters a property for social reasons. Property owners have a duty to keep their premises reasonably safe for licensees, but the duty of care is not as high for invitees.
- Trespassers: Trespassers are not owed any duty of care by property owners, as they are on the premises illegally.
What Do You Have to Prove in a Premises Liability Claim?
Just as in other personal injury cases, when filing a premises liability claim, you must prove certain elements of your case. These include:
- There was a dangerous condition on the property,
- The owner of the property knew of the danger, or should have known about it,
- The dangerous condition caused an accident, and
- You were hurt as a result.
What is an Attractive Nuisance?
While property owners generally do not owe a duty to trespassers, there are some exceptions. One of these is when an attractive nuisance exists on the property. An attractive nuisance is when the property contains something that would be attractive to a child, such as a swimming pool. Attractive nuisances can cause a child to trespass on the property and become hurt. Property owners must ensure that children cannot access attractive nuisances, such as installing a locked gate.
Are Property Owners Liable for Assault?
In some cases, property owners can be held liable for assault. For example, if a property owner did not have sufficient lighting in their parking lot and someone was assaulted, the property owner can be held responsible. This is particularly true when criminal activity has occurred on the property before.
Our Premises Liability Lawyer Can Determine Liability
If you have been hurt on someone else’s property, it is not always easy to determine who is liable for your injuries. At Fuller Law Firm, our Mt. Pleasant premises liability lawyer will conduct an investigation to determine who is to blame for your injuries and will hold them accountable for paying the full settlement you deserve. Call us now at 843-277-0013 or chat with us online to schedule a consultation and to get more information.
Source:
scstatehouse.gov/code/t27c003.php
