The Law Office of Sean M. Wilson Helps South Carolina Residents Injured by Dangerous Property Conditions
When property owners fail to maintain safe premises, innocent people can suffer serious injuries. At the Law Office of Sean M. Wilson, we understand how a sudden accident on someone else's property can disrupt your life, leaving you with mounting medical bills and an uncertain future. Our South Carolina premises liability lawyers help injury victims throughout the Lowcountry and Midlands hold negligent property owners accountable.
Like the civil rights pioneers who fought for equal access to public spaces, we believe property owners must uphold their duty to keep visitors safe. Whether you were injured at a store, restaurant, apartment complex, or other location, our experienced attorneys will work to secure the compensation you need to move forward.
Understanding Property Owner Duties Under South Carolina Law
Property owners and managers in South Carolina must uphold specific legal obligations to protect visitors from harm. These duties stem from long-established premises liability laws that recognize different levels of responsibility based on the visitor's status and purpose for being on the property.
Invitees Are Entitled to the Highest Level of Protection
Business invitees—customers, clients, and others invited onto a property for the owner's benefit—receive the strongest legal protections. Store owners, restaurant operators, and other commercial property managers must:
- Conduct regular inspections. Property owners must actively look for potential hazards through routine walkthroughs and maintenance checks. This includes examining floors, stairs, railings, lighting, and security systems.
- Address hazards promptly. When dangerous conditions are discovered, owners must act quickly to fix them. This might mean repairing broken steps, cleaning up spills, or removing ice and snow from walkways.
- Provide adequate warnings. If an owner cannot immediately fix a hazard, they must alert visitors to the danger. This includes posting visible warning signs, installing barriers, or redirecting foot traffic away from unsafe areas.
- Maintain security measures. Properties in areas with known crime problems must have appropriate security measures, such as adequate lighting, functioning locks, security cameras, and trained personnel when necessary.
- Keep common areas safe. Owners must properly maintain areas used by multiple visitors, such as parking lots, sidewalks, elevators, and stairwells. This includes regular cleaning, repairs, and upgrades as needed.
Licensees Receive Reasonable Care and Protection
Social guests, door-to-door salespeople, and others who enter the property for their own purposes are classified as licensees. While they deserve reasonable care, the property owner's duties are somewhat less extensive:
- Warn of hidden dangers. Owners must alert licensees to dangerous conditions that aren't obvious, such as loose floorboards or unstable railings.
- Maintain safe conditions. While owners don't need to actively search for hazards, they must fix dangerous conditions they know about that could harm licensees.
- Exercise reasonable care. Property owners should take reasonable steps to prevent injury, such as keeping walkways clear and maintaining adequate lighting in areas licensees might use.
Trespassers Have Limited Rights
Even those who enter property without permission have some legal protections under South Carolina law:
- Protection from intentional harm. Property owners cannot deliberately injure trespassers or set traps to harm them.
- Warning of artificial conditions. If an owner knows trespassers regularly enter their property, they must warn of artificial conditions that could cause death or serious injury.
- Special duties toward children. The "attractive nuisance" doctrine requires property owners to take extra precautions to protect child trespassers from dangerous features that might attract them, such as swimming pools and playground equipment.
Modified Duties for Special Circumstances
Some situations alter these general rules:
- Emergency responders typically receive invitee-level protection regardless of why they enter the property.
- Landlords have ongoing duties to maintain safe conditions in common areas of rental properties.
- Government property may have special rules or immunity provisions that affect liability.
How Our South Carolina Premises Liability Lawyers Build Your Case
Building a strong premises liability case requires meticulous investigation and skilled legal strategy. When you work with our experienced South Carolina premises liability lawyers, here’s how we’ll build a strong case to maximize your compensation.
- Secure video evidence and maintenance records. We submit formal requests to preserve surveillance footage that could show your accident or document how long the hazard existed. Our attorneys also obtain maintenance logs, repair records, and incident reports that may reveal patterns of negligence.
- Interview witnesses and first responders. Our investigators locate and interview anyone who saw your accident or the dangerous condition that caused it. We also speak with emergency personnel who responded to the scene, as their observations can provide valuable supporting evidence.
- Review building code requirements. Our team analyzes local building codes and safety regulations to identify violations that contributed to your accident. Property owners who fail to meet these standards may face additional liability for your injuries.
- Consult medical specialists. We work with qualified health care providers who document your injuries and explain how they will affect your future. Their expert testimony helps demonstrate the full extent of your damages and future care needs.
- Calculate economic damages. Our attorneys collaborate with life care planners, economists, and vocational experts to determine the true financial impact of your injuries. This includes projecting lifetime medical costs and lost earning capacity.
- Research prior incidents. We investigate whether similar accidents occurred on the property before yours. Evidence of previous incidents can show that the property owner knew about—but failed to address—dangerous conditions.
- Prepare compelling settlement demands. Using the evidence we've gathered, our team creates detailed settlement packages that clearly establish liability and document your damages. This comprehensive approach often motivates property owners to offer fair settlements.
- Ready your case for trial. While most premises liability claims settle out of court, we prepare every case as if it will go to trial. This thorough preparation strengthens our negotiating position and ensures we're ready if litigation becomes necessary.