7 September 2016 - Written by TKT Lawyers

Premises Liability 101

Premises Liability 101

Have you been hurt on someone else’s property? If so, you may be entitled to compensation for your injuries. The nature of injuries that can result is almost limitless. People can be injured falling down uneven or broken steps.   Fumes from pesticides in homes or office buildings can overcome visitors who inhale them. Potholes or uneven pavement can cause you to trip and fall, which may be made worse when there is inadequate lighting available. Common incidents result from patrons who slip and fall on spills that have been ignored.

Premises liability claims are based on the legal concept that property owners are responsible for accidents and injuries that occur on their property due to their negligence or carelessness. According to the U.S. Department of Justice, premises liability cases amount to nearly $4 billion dollars in compensation to victims each and every year. That is a lot of injuries, many of which are severe.

Examples include these situations where a person might suffer an injury:

• Slip and trip and fall accidents
• Balcony and deck collapse
• Defective, rotted stairways
• Building code violations
• Improper handicap access
• Elevator and escalator accidents
• Dog bites and animal attacks
• Insufficient lighting
• Loose handrails, carpeting, and mats
• Fires
• Exposure to toxic fumes
• Swimming pool accidents
• Insufficient security
• Icy pavement
• Amusement park accidents

Where Do Premises Liability Accidents Happen?

• Businesses
• Parking Lots
• Sidewalks
• Undeveloped land
• Homes
• Construction Sites
• Restaurants
• Amusement Parks
• Hotels
• Apartment Buildings
• Stadiums
• Shopping Malls
• Airport Terminals

5 Steps to a Premises Liability Claim

1. Contact the police to file a report for the incident: Before you leave, contact the police to file a report of the injury. Include as many details as you can remember so you are able to contact the reporting officer if you have to go to court regarding this incident.

2. Seek Medical Attention: After an injury occurs, visit a local hospital or urgent care to complete a medical evaluation. Inform the doctor of the incident and explain any pain you are experiencing.

3. Seek an Attorney: As tempting as it may seem to handle the matter without proper representation, failing to hire an attorney when you suffer from personal injury can hurt your chances for complete compensation.

4. File a Claim

5. Pre-Trial Litigation

The key to winning a typical premises liability lawsuit is proving that:

• You were paying attention when the accident occurred.
• You had a right to be on the property where you were injured.
• Your injury was caused by a hazardous condition on that property
• The defendant in the case knew (or should have known) about the hazardous condition that harmed you and did not properly address it or warn you about it

Recovery In a Premises Liability Case:

Depending on the circumstances of your accident, as well as the extent of your injuries, you may be able to recover the following if you have been injured by a dangerous condition on someone else’s property:

• Present and future medical expenses;
• Lost wages;
• Pain and suffering;
• Loss of earning capacity;

Speak to a Charleston Premises Liability Attorney Today:

If you or a loved one has been injured in an accident on someone else’s property, you may be entitled to compensation. Our premises liability attorneys will investigate the facts of the accident and work hard to help you obtain financial recovery to alleviate the strain imposed by medical bills, lost wages, and other challenges that have arisen as a result of the accident.

Our legal team handles premises liability cases throughout South Carolina, including Charleston, Summerville, Columbia, Aiken and surrounding areas. If you feel you may have a claim for premises liability lawsuit against a property owner and would like more information, contact the attorneys at Thurmond Kirchner & Timbes, P.A. today.

For more information about Premises Liability, check out our blog post, “What is Premises Liability?”

The information provided on this website is intended to help you better understand general information about the law. It is not intended to be legal advice regarding your particular problem or to substitute for the advice of a lawyer. Every case is different, and you should consult a lawyer before applying the information contained herein to any particular circumstance affecting you.