Charleston Premise Liability Lawyers
If you have fallen victim to unsafe and hazardous conditions, you need a personal injury lawyer with experience in slip and fall cases. Located in Charleston, South Carolina, the Hughey Law Firm has effectively prosecuted premises liability cases throughout South Carolina and Georgia.
We have acquired substantial monetary rewards for clients who have been injured or killed as a result of unsafe conditions and building code violations on both residential and commercial properties.
Our slip and fall lawyers at Hughey Law Firm in Charleston, South Carolina, know how to help you move forward after a slip and fall accident. We welcome you to contact us today!
Our Charleston liability attorneys hold property owners and businesses accountable for their negligence in unsafe conditions. Any person who owns, rents or maintains a property has a duty to provide conditions that are reasonably safe for all customers and visitors. They also have a responsibility not to create or allow unsafe conditions to be present on their property whether they own it, rent it, or simply operate a business on it.
If you have sustained an injury because someone’s property was unsafe, you are authorized to seek complete and just reparation for all financial losses that resulted from lost income, medical treatment, inconvenience and lost opportunity, and pain and suffering. If this has happened to you, let our Charleston slip and fall lawyers help.
Slip and fall suits can arise from accidents on various properties including but not limited to: a hotel, home, apartment complex, shopping mall, retail store, job site, or construction site. If you’ve been injured while on another person’s property, you’re likely needing legal guidance.
Take your first and most important step towards getting your life back to normal by calling our slip and fall attorneys in Charleston for a free consultation of your potential case today!
Charleston Premises Liability FAQ
Although property owners in Charleston must keep their property safe for their visitors, they don’t always meet this duty. As a result, innocent people are hurt and, depending on the circumstances of the accident, can end up suffering extensive injuries that can impact them physically, emotionally, and financially.
That is why, if you suffered an injury in a Charleston premises liability accident, you likely have numerous questions regarding your legal options and the remedies you can pursue following this devastating incident. Here, we respond to some of the more frequently asked questions clients often have after their premises liability accident. We hope with this information, you have a better understanding of what these accidents entail and what legal steps you should take next.
1. What Exactly Is a Premises Liability Case?
Premises liability is a legal concept that refers to a broad category of personal injury cases that result when a defective or unsafe condition on another person’s property harms an individual. Consequently, when these accidents arise, the property owner or the individual responsible for maintaining these premises can be held liable for the harm that results.
2. Do Charleston Property Owners Have a Duty of Care to Every Individual That Enters Their Property?
In South Carolina, property owners must protect their visitors from different dangers on their property to the extent that a responsible person would. However, this protection will often depend on the classification of the injured individual and how they entered the property.
For example, consider the following four classifications that South Carolina recognizes when it comes to premises liability cases:
Invitees
These are individuals who enter your property by invitation to do so. This entry needs to connect with the property or activity on the property that allows invitees onto it. This relationship creates a mutual benefit between the property owner and the invitee. As a result, the property owner owes the highest duty of care to the invitee.
This duty involves using reasonable and ordinary care to keep the premises safe and protect the invitee from harm caused by an unreasonable risk that the invitee may not have discovered on their own. The owners also must warn these invitees of any hidden or latent dangers the property owner knows of or should know about. Some of the more common examples of invitees are grocery store customers or restaurant patrons.
Licensees
A licensee is a person that enters the property owner’s premises with their consent. However, this visit is usually for the licensee’s benefit, not for the property owner’s benefit. Licensees, typically, include social visitors such as family or friends who are visiting another person’s home.
The duty owed to these licensees is a duty to exercise reasonable care to warn them of dangerous conditions that the property owner is aware of, but conditions that are not easily discoverable by the licensee. Yet, unlike the duty owed to invitees, the property owner has no obligation to search out and discover defects or dangers on the land or to otherwise make the premises safer for the licensees.
Adult Trespassers
These are individuals who enter the property without permission. Consequently, the property owner owes these individuals no duty of care except not to inflict willful or wanton injury.
Children
Children on a person’s premises are owed varying degrees of care depending on why they are on the property. However, the duty owed to a child generally involves a higher standard of care than is owed to an adult because a child’s emotional maturity and mental capacity require property owners to provide extra protection to the children on their property. For these reasons, if a child was trespassing on a person’s land, they may be entitled to recover damages from the property owner if they were harmed because of an attractive nuisance on the property.
Yet, if you were injured on another person’s premises, and you are not sure if you can pursue compensation for the harm you sustained, you should reach out to an experienced Charleston premises liability lawyer as soon as you can. These attorneys can review your claim, determine if you have a viable case, and help you pursue the damages you deserve.
3. What Are Some Common Accidents in Charleston That Can Result in a Premises Liability Claim?
Even though premises liability claims can arise for several reasons, in Charleston, they frequently emerge from:
- Swimming pool accidents
- Escalator accidents
- Elevator accidents
- Animal attacks, including dog bite incidents
- Negligent security
- Leaking water
- Construction site accidents
- Flooding
- Fires
- Toxic chemicals
- Potholes and poor road conditions, which according to ConsumerAffairs, South Carolina has the worst roads in the United States, meaning that residents in the state have to deal with potholes, illegible street signs, and regular heavy congestion
- Slip and fall incidents because of slippery surfaces or spills, such as when a customer slips and falls because of a wet spot in one of the aisles at Publix Super Market at 10 Westedge.
However, if you suffered harm in a premises liability accident that is not indicated on the list above, it does not mean you do not have valid premises liability case. This list only includes some of the more common premises liability accidents in the area.
For these reasons, no matter how your premises liability accident occurred, if you want to verify whether or not you have a claim, you should reach out to a knowledgeable Charleston premises liability lawyer as soon as possible following your accident. These lawyers can review your accident, figure out the validity of your claim, and determine what your next steps should be.
4. Who Is Responsible for a Charleston Premises Liability Accident?
Following an accident on another person’s property, you may be able to pursue legal action against that property owner.
As a result, in a Charleston premises liability case, these liable parties can include:
- Business owners
- Homeowners
- A property management company
- Stores or malls
- Restaurants
- A parent company
However, if you are having difficulty figuring out liability for your Charleston premises liability accident, you should contact a skilled Charleston premises liability attorney. They can promptly investigate your accident, determine what happened and who was at fault, and hold each party responsible for your injuries.
5. What Damages Can You Purse Following a Charleston Premises Liability Accident?
If you were harmed in a Charleston premises liability accident, you may be entitled to certain types of compensation.
In South Carolina, this compensation generally includes economic and non-economic damages, such as:
- Medical bills (doctor visits, surgeries, prescription medications, hospital stay, and emergency services)
- Lost wages and earning capacity
- Repair costs or replacement property
- Rehabilitation services, including physical and occupational therapy
- Costs associated with education
- Custodial care
- Replacement domestic service, including child care services or cleaning services
- Pain and suffering
- Physical impairment or disfigurement
- Mental anguish or emotional distress
- Inconvenience
- Loss of enjoyment of life
- Injuries to a person’s reputation
- Loss of consortium
Additionally, you may recover punitive damages. However, unlike the other damages, punitive damages do not make a victim whole after an accident by compensating them.
Rather, punitive damages punish the defendant for their egregious actions and to deter them and others from committing this act again. Courts only award these damages when the victim’s lawyer can show through clear and convincing evidence that the injury resulted from the defendant’s reckless, wanton, or willful conduct.
6. How Much Time Do You Have to File a Legal Case Following a Charleston Premises Liability Accident?
Before you can collect compensation for the harm you endured in a Charleston premises liability accident, you need to file your case before the statute of limitations expires. If you do not, you cannot pursue legal action to obtain compensation for your losses.
In South Carolina, the statute of limitations to pursue an injury claim following a premises liability accident is three years from the accident date. However, there may also be some limited exceptions to this rule that can impact this filing period. That is why following a premises liability accident in Charleston, you should reach out to an experienced Charleston premises liability accident lawyer as soon as possible. These attorneys can review your accident, determine the maximum amount of time you have to file your claim, and file your legal motions and documents before time expires.
7. If the Insurance Company Offers You a Quick Settlement Offer Following Your Charleston Premises Liability Accident, Should You Accept It?
Insurance companies often offer a quick settlement offer following a premises liability accident in hopes that they can get rid of this problem fast and get away with only offering a meager settlement amount. As a result, if the insurance company contacts you to make an offer, you need to think twice before accepting this amount, especially since accepting it may prevent you from obtaining the fair compensation you deserve.
Consequently, before you accept or sign anything from the insurance company after your Charleston premises liability accident, you should go over this settlement offer with an experienced Charleston premises liability lawyer. These attorneys can go over this amount, figure out if it is fair to you, and if it is not, they can negotiate with the insurance company for an amount that is.
8. Why Should You Contact the Hughey Law Firm’s Experienced Charleston Premises Liability Lawyers Following a Premises Liability Accident?
To collect compensation for the harm you sustained in a Charleston premises liability accident, you need to be able to present sound legal arguments and reliable and detailed evidence proving what happened and who was at fault for your injuries and losses. However, following a premises liability accident, this is probably the last thing you want to worry about.
Fortunately, with an experienced Charleston premises liability lawyer from the Hughey Law Firm on your side, you will not have to worry about taking on this challenging legal fight on your own.
Instead, once retained, we can:
- Go over the accident with you in detail, evaluate the claim, and determine if you have a viable case.
- Answer all your questions and concerns and figure out your legal options.
- Thoroughly investigate the premises liability accident and gather the necessary evidence to prove fault and damages.
- Appropriately prepare and file legal motions before time runs out.
- Obtain experts, such as accident reconstructionists, flooring specialists, and doctors to substantiate your claim.
- Handle all the discussions and negotiations with the insurance company, and go after a fair settlement offer.
- Head to trial if the other side is unwilling to negotiate fairly and fight for the successful resolution of your case.
If you or a loved one suffered an injury in a Charleston premises liability accident, do not wait any longer to secure the legal help you need. Instead, contact an experienced Charleston premises liability lawyer today at the Hughey Law Firm for a free case evaluation, and let us show you how we can go after the justice and damages you deserve.
Charleston SC Premises Liability Attorney Helping You Get Back On Your Feet
Owners and operators of businesses and homes in South Carolina have a legal duty to keep their premises in a reasonably safe condition for business patrons and guests. The Charleston personal injury lawyers at the Hughey Law Firm use our laws to hold these people and corporations accountable when they fail to do so.
Our Experience Makes a Decisive Difference. We handle cases on a contingency fee.*
You may need a Charleston SC Personal Injury Attorney from Hughey Law Firm if one of the following has happened to you:
- Retail store falling accidents
- Stairwell accident,
- escalator or elevator accident
- Parking lot or sidewalk injuries
- Assault, negligent security
- Dog bite or other animal attack
- Construction site or workplace accident
- Inadequate security
- Drowning
- Amusement park accidents
- Liquor liability and dram shop accidents (drunk drivers leaving bars and restaurants)
- and others.
Our Charleston slip and fall attorneys are experienced in identifying liable insurers, including liability insurers in complex, multiparty claims and coverage in homeowner umbrella policies. In addition, we work with a network of doctors and experts to demonstrate the extent of injuries and to show how injuries resulted from the accident.
Our experience in litigating premises liability injury and wrongful death cases ranges from relatively simple slip and fall cases to vicious assaults occurring under dangerous conditions.
Do you have a valid premises liability claim for money damages? Talk to us if you or a family member has suffered any kind of slip and fall accident.
The Hughey Law Firm and our team Charleston SC personal injury attorneys have represented numerous clients in slip and fall lawsuits and Nathan Hughey has previously obtained a $1,625,000.00 slip and fall settlement, in addition to other results. This should not be considered as a description or characterization of the quality of the firm’s representation and in no way should be interpreted as a guarantee of a specific result for your case. Every case is different and must be evaluated on its own merit.
Learn more about premises liability at our Recent Victories page.
Contact us today. From our offices in Mount Pleasant, our lawyers represent clients in the Charleston metro region and throughout South Carolina and Georgia.
*Fees calculated before expenses.
Client Testimonial
“Thank you Hughey Law Firm! It was a pleasure to work with you on my case! From the beginning, every contact I had with your firm was professional, kind, helpful, and painless! I always felt kept in the loop, and important to you as a client. If you are looking for a personal injury attorney with integrity, I would highly recommend Hughey Law Firm!”
Rating: 5/5 ⭐⭐⭐⭐⭐
Karen C.
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