Greenville Premises Liability Lawyers
Property owners in South Carolina have a legal obligation to keep their premises reasonably safe for visitors. When an owner or manager fails to correct dangerous conditions or fails to warn people about hazards, serious injuries can occur. Premises liability law allows victims to pursue compensation for harm caused by unsafe property conditions, but these cases are often far more complex than they appear. Evidence must be gathered quickly, legal standards vary depending on the visitor’s status, and insurance companies routinely dispute both liability and the value of the claim.
If you or a loved one was hurt at a Greenville business, apartment complex, hotel, store, parking lot, or private residence, an experienced Greenville premises liability lawyer from Davis & Snyder Injury Attorneys can help you understand your rights and take action to hold negligent property owners accountable.
Premises Liability Law in South Carolina
Premises liability is a branch of personal injury law that governs the responsibilities of landowners, businesses, landlords, and occupiers of property. South Carolina law requires these parties to maintain reasonably safe conditions and to protect visitors from foreseeable hazards. A property owner is not expected to guarantee your safety under all circumstances, but they must take reasonable steps to prevent injuries caused by dangers they either knew about or should have discovered through reasonable inspection.
Premises liability claims arise in an almost unlimited number of scenarios: unsafe walkways, slippery floors, falling merchandise, broken handrails, inadequate lighting, malfunctioning elevators or escalators, loose carpeting, structural defects, lack of pool fencing, and more. Many victims initially assume their accident was unavoidable or their own fault, when in fact the law may provide a remedy.
The Legal Duty of Greenville Property Owners and Occupiers
South Carolina premises liability law follows the traditional rule that the duty a property owner owes depends on the injured person’s legal status at the time of the accident. This is a critical issue because the type of duty owed can have a significant impact on whether a claim succeeds.
To simplify, South Carolina recognizes three primary categories of visitors:
- Invitees – Invitees enter a property for the owner’s benefit, such as customers in stores or guests at hotels. This is the highest category, and owners owe invitees a duty to inspect the property, correct hazards, and warn of dangers that may not be obvious.
- Licensees – Licensees enter with permission but for their own purposes, such as social guests visiting a home. Owners must warn licensees of known hazards that are not open and obvious.
- Trespassers – Owners owe trespassers a minimal duty not to intentionally harm them. However, some exceptions can impose higher duties toward trespassers, especially when children are involved and an “attractive nuisance” exists, such as an unfenced swimming pool.
Determining which category applies is not always clear-cut, and insurance companies frequently argue that an injured person was not an invitee in order to limit their liability. Our Greenville premises liability attorneys can help establish the proper classification and hold the owner to the correct legal standard.
Why Premises Liability Cases Are Difficult to Prove
Although many victims assume that a fall, dog bite, or other injury on someone else’s property will be straightforward, these cases are often challenging because of the evidentiary requirements and the defenses commonly raised.
Unlike many car accidents, where fault may be relatively clear, premises claims generally require showing that the property owner had actual or constructive notice of the dangerous condition. Constructive notice means the hazard existed long enough that the owner should have discovered it through reasonable inspection. Without proof of notice, many claims are denied.
Furthermore, property owners frequently argue that the dangerous condition was “open and obvious,” shifting the responsibility back to the injured person. They may also claim that the victim was distracted or not watching where they were going. These arguments can reduce or even eliminate compensation under South Carolina’s comparative negligence rules.
Surveillance footage can be overwritten within days, witnesses can disappear, and dangerous conditions may be fixed immediately after an accident, erasing valuable evidence. This makes early legal intervention essential.
Challenges in Valuing a Premises Liability Case
Premises liability cases often involve unique fact patterns and highly contested liability, and determining a fair value can be especially complicated. Insurance adjusters typically start by disputing responsibility, then undervalue the injury by attributing it to pre-existing conditions.
The value of a claim can depend on factors that include the permanence of the injury, whether surgery is needed, whether the victim missed work, and the long-term impact on daily life. Soft-tissue injuries, fractures, spinal injuries, and traumatic brain injuries can occur in premises accidents, yet insurers often argue that the injuries were minor or unrelated.
In many cases, expert testimony from engineers, safety specialists, medical professionals, and human factors experts is necessary to demonstrate the nature of the hazard and the extent of the harm. Without skilled legal representation, victims are often pressured into unfair settlements.
Steps to Take if You Are Injured on Someone Else’s Property
Many victims feel embarrassed or disoriented after an accident and may blame themselves or simply leave the scene without reporting it. This reaction is understandable, but it can harm a potential claim. After a premises injury in Greenville, the following steps can help preserve your rights:
- Report the incident to the property owner or manager immediately and request that an incident report be completed.
- Photograph the hazard, the surrounding area, and your injuries. Conditions can change quickly, so prompt documentation is essential.
You should also seek medical treatment right away, even if the injury seems minor at first. Some injuries, such as concussions, herniated discs, and internal trauma, do not become apparent for hours or days. Early medical care protects your health and also creates a record linking the injury to the incident.
Finally, consult a premises liability lawyer as soon as possible. An attorney can take steps to preserve surveillance footage, identify witnesses, inspect the location before changes occur, and ensure that all necessary evidence is collected.
How a Greenville Premises Liability Lawyer Can Help
Premises liability cases demand careful investigation, strategic planning, and strong advocacy. Our experienced Greenville injury lawyers can evaluate the property owner’s duty, analyze the cause of the accident, gather and preserve critical evidence, and push back against insurance company tactics aimed at minimizing your claim.
We also work to develop the factual and legal arguments necessary to prove notice, counter allegations of comparative negligence, and support the full value of your damages. This includes calculating medical expenses, lost wages, reduced earning capacity, pain and suffering, loss of enjoyment of life, and future medical needs.
If a fair settlement cannot be reached, our team is prepared to litigate the case in court to pursue the compensation you deserve.
Contact Our Greenville Premises Liability Lawyers Today
If you were injured on unsafe property in Greenville, Davis & Snyder Injury Attorneys is here for you with compassion, expertise, and a commitment to getting results that matter. Our dedicated premises liability lawyers can protect your rights, investigate the incident thoroughly, and fight for the compensation you are entitled to under the law. Contact us today to discuss your case and explore your legal options.
