Premises Liability Lawyers in Greenville, South Carolina Protecting the Rights of Injured Clients
Premises liability claims are one of the most common types of personal injury cases across the country. If you have been injured while present on someone else’s property, it is important to learn how premises liability claims work in South Carolina and understand what rights you may have as a victim. Our attorneys provide an overview of premises liability facts and explain why getting legal help is essential to maximize your chances of receiving maximum compensation.
What Is a Premises Liability Claim?
A premises liability claim is a legal claim for damages that may arise when an individual is injured on someone else’s property. For example, a slip and fall accident on a wet floor in a grocery store, a dog bite in a neighbor’s yard, and an escalator accident at a shopping mall are just a few of the many situations that could lead to a premises liability claim.
Other instances that could lead to a premises liability claim include being injured due to a lack of security guards at a hotel or apartment complex, injuries due to equipment failure at an amusement park, or slipping and falling due to a landlord’s failure to keep an apartment building sidewalks free from ice and snow in winter.
What Do You Need to Prove in a Premises Liability Claim?
Premises liability claims are based on negligence. In South Carolina, property owners have a duty of care to maintain a safe environment for all individuals who are lawfully present on their premises. When a property owner allows their property to fall into disrepair or fails to remedy maintenance issues as they arise, their negligence may create dangerous conditions that can cause someone else to get hurt and sustain damages.
In order to successfully build a premises liability claim, the plaintiff needs to prove the following: (1) they were lawfully present on the premises, (2) the property owner knew or should have known about the hazardous situation and taken action to remedy it, (3) the property owner acted with negligence by failing to address the unsafe conditions, and (4) their breach of duty of care caused the plaintiff’s injuries and damages. In order to build a strong case, you may need to gather evidence documenting the accident, your injuries, and the extent of your damages.
Are Slip-And-Fall Claims the Same as Premises Liability Claims?
Slip-and-falls are a type of premises liability case that can happen when someone slips, trips, and falls while on private property. A common example of a slip-and-fall accident is when a grocery store customer ends up falling due to a wet or slick spot on the floor. It can also happen due to tripping on uneven carpeting or sidewalk or due to slippery spots caused by ice and snow in a parking lot.
The term slip-and-fall is sometimes used interchangeably with premises liability. However, they refer to two different things – a slip-and-fall is one of many different types of accidents that can be classified under premises liability. Swimming pool accidents, escalator accidents, and even dog bites are also classified as premises liability claims, which are a category of personal injury cases.
Who Is Liable for My Damages and Injuries?
If you have been hurt in a premises liability accident, the property owner is usually the party who may be financially liable for your injuries and damages. Many property owners have some form of liability insurance that may provide coverage for premises liability incidents. For instance, if you were injured while visiting a friend or neighbor’s house where a dog attacked you, you may need to file a claim with that person’s homeowners insurance.
If the property owner does not have insurance – or if their policy does not offer coverage for premises liability injuries – your next option may be to initiate a lawsuit for personal injury with the help of a skilled attorney. In some cases, taking your case to trial may be a sensible choice as you may have a better chance of securing higher settlement amounts when compared to what you may receive through an insurance claim. However, the best way to determine whether a lawsuit is right for your case is to consult with a premises liability lawyer.
What Kind of Damages May I Be Eligible to Receive?
As a premises liability plaintiff, you may be eligible to receive compensation for economic and non-economic damages. Economic damages are losses directly related to your accident and injury. These losses typically include medical bills, expenses related to medical treatment and recovery, lost wages, and property damage when applicable.
In addition, you may also be able to recover compensation for non-economic damages. When you are injured due to someone else’s negligence, you may find yourself in a lot of pain and also be facing a complicated recovery process. Non-economic damages are meant to compensate you for the more subjective aspects of your accident, such as pain, suffering, and emotional distress.
Why Should I Hire an Attorney for My Case?
An attorney can play a crucial role in premises liability claims, especially when you consider that your attorney can handle most aspects of your case on your behalf. That means you won’t be trying to deal with insurance phone calls, paperwork, and all the other time-consuming tasks necessary to build your case or file your claim.
You may also want to consider the fact that insurance companies may not necessarily be on your side. Their primary interest is to protect their profits – that means they may often employ a variety of well-known strategies in an effort to delay your claim, pay as little as possible, or deny it altogether. Your attorney is well aware of these strategies and can negotiate with the insurance company to protect your legal rights to fair compensation.
By working with a premises liability attorney, you will also get help and advice to gather the necessary evidence to prove your case. Many premises liability cases end up reaching a resolution without requiring a courtroom trial, but if your case needs to go to trial, your attorney can provide the legal representation you need to secure a favorable outcome.
Premises liability accidents are the most common type of personal injury claim, and because of that, insurance companies and civil courts tend to approach these claims skeptically, and many claims end up being denied. At Armada Law, our legal team has assisted countless injured clients in Greenville and all over South Carolina to secure the compensation they deserve after a premises liability accident. If you have been injured by negligent property owners, reach out to our law firm by calling (864) 633-3739 and requesting an initial consultation to discuss your case and learn more about how we can help you fight back and win.