What is Premises Liability?
Premises liability is a legal concept that holds property owners and managers legally responsible for specific injuries and accidents on their properties. These cases fall under the umbrella of personal injury law. In a premises liability claim, the injured party (the plaintiff) must prove that a dangerous or defective property condition caused their injuries and that the property owner or manager could have taken steps to fix the condition but failed to do so. The plaintiff must also show that they suffered damages from the property owner or manager's negligence.
To have a valid premises liability claim, the following must be true:
- You were legally on the property (i.e. you were not trespassing)
- The property owner or manager owed you a duty of care.
- The property owner or manager breached this duty of care
- The breach of duty was the direct cause of your injuries
Premises Liability Cases We Handle
Our Hilton Head premises liability attorneys have experience handling a wide range of cases, from relatively simple slip-and-fall cases to highly complex cases involving severe injuries and multiple liable parties. We are prepared to help you fight for the fair recovery you are owed.
Some of the most common types of premises liability cases we handle include those involving:
- Slip and falls: Slip and fall accidents can occur when a property owner or manager fails to clean up a spill or wet floor, fails to remove snow/ice, fails to repair a damaged walkway, and more.
- Staircase and elevator accidents: When staircases and elevators are not properly maintained, they can be dangerous and cause serious accidents.
- Swimming pool accidents: Property owners are responsible for ensuring that their pools are correctly maintained and have adequate security to prevent children and others from drowning.
- Amusement park accidents: Owners must ensure their rides and attractions are safe for visitors. If they fail to do so, they may be liable for injuries.
- Inadequate security: Property owners must provide reasonable security measures to protect visitors from being the victims of violent crimes, such as assault, rape, and robbery. Property owners may be held liable for the victim's damages if they fail to do so.
- Fires and explosions: When a fire or explosion occurs on a property, the property owner may be held liable if the fire or explosion was preventable and caused by a dangerous or defective condition.
- Lead paint poisoning: Children and others risk suffering when they live in, work in, or visit buildings with lead-based paint. Property owners and managers must disclose the presence of lead-based paint and safely remove it.
- Toxic exposure: When property owners or managers fail to monitor and test for toxic substances properly, individuals who live in, work in, or visit the property may be exposed to harmful toxins, such as asbestos, carbon monoxide, mold, and more.
Have you suffered an injury on someone else’s property? Reach out to Bauer & Metro, P.C. today for a free consultation. Let us help you understand your legal options!
Who is Liable in a Premises Liability Case?
In a premises liability claim, the injured party must prove that the property owner or manager's negligence directly caused their injuries. In other words, the plaintiff must show that the property owner or manager failed to keep the property safe and that this failure was the direct cause of the dangerous property condition that caused the accident and the plaintiff's injuries.
Depending on the specific circumstances, the following parties may be liable in a premises liability case:
- The property owner
- The property manager
- The property maintenance company
- A commercial tenant
- A private tenant
- A homeowner's association
Our attorneys can help you determine who is liable for your injuries and how to proceed with your case.
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Compensation Available in a Premises Liability Case
If you've suffered an injury on someone else's property, you may be entitled to recover various types of damages, including:
- Medical Costs: This includes all expenses related to your treatment, such as doctor’s visits, hospital stays, surgery, and future medical needs.
- Lost Earnings: If your injury has kept you from working, you may be eligible to receive compensation for the wages you lost during your recovery.
- Physical and Emotional Distress: Compensation may be available for the pain and emotional suffering caused by your injury, as well as the negative impact it has had on your overall well-being and daily life.
- Damage to Personal Property: If your belongings, such as electronics, clothing, or other items, were damaged in the incident, you may be eligible to recover their replacement value or repair costs.
- Long-Term or Permanent Effects: If your injury causes disability disfigurement or affects your ability to perform everyday tasks, you may be entitled to additional compensation.
These damages are designed to address the various impacts your injury has had on your life, both physically and financially. We will work to ensure you receive the compensation you deserve.
What is the Statute of Limitations for Premises Liability Cases in South Carolina?
If you have been injured in a slip and fall accident or another type of accident that occurred on someone else's property, it is important that you are aware of the time limits for filing a premises liability claim in South Carolina. In most cases, you have three years from the accident date to bring a lawsuit against the at-fault party. However, if you file a claim against a government entity, you may only have a few months to take legal action.
Waiting too long to file a claim can result in losing your right to recover compensation. That is why reaching out to an experienced Hilton Head premises liability attorney as soon as possible after your accident is so important.
Don't wait to take action! Our Hilton Head premises liability lawyers help you navigate the legal process and fight for your rights. Call us now!
Take Your Case Seriously
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Why Choose Bauer & Metro, P.C.?
At Bauer & Metro, P.C., we understand that you are going through a tough time. You may face overwhelming medical bills, time out of work, and other severe financial losses. Our goal is to help you recover the fair compensation you are owed so that you can begin to move forward with your life. We are committed to providing you with the compassionate, personalized legal guidance you need and the aggressive representation you deserve.
When you choose to work with our firm, you can expect:
- Direct access to your attorney: We are a small firm that can provide one-on-one legal services. We will work directly with you throughout the legal process and will be available to answer your questions and address your concerns.
- Open and honest communication: We will keep you updated on any developments in your case and always promptly respond to your calls or emails.
- Aggressive representation: Our attorneys have extensive litigation experience and are not afraid to take your case to court if necessary. We are skilled negotiators and can often secure favorable settlements for our clients, but we are always prepared to go to trial.
- Proven results: We have successfully recovered millions of dollars for our clients and have a long track record of success.
- No recovery, no fee: We do not charge any upfront fees for our services. You only owe us if we recover compensation for you.
Schedule a meeting with our Hilton Head premises liability lawyer today, and let us guide you through your legal journey!
