Premises Liability

Premises Liability Lawyer in Greenville

We Help Clients Hold Negligent Property Owners Accountable

When visiting another person’s property or a business legally, we expect the property owner to ensure the property is safe. That is not always the case. When people think of premises liability, they often think of slip-and-fall cases. While slip-and-falls are the leading cause of premises liability cases, things like dog bites and improper property maintenance can also lead to accidents and injuries.

If you have had a premises liability accident and you are not sure what your legal rights are, Hammack Law Firm is here to guide you through the process of filing a claim and seeking compensation.

Suffering an injury on someone else’s property can leave you overwhelmed and anxious about what comes next. You may be dealing with painful injuries, unexpected medical bills, or missed time from work—all while trying to make sense of who’s responsible and how to move forward. At Hammack Law Firm, we understand the emotional and financial stress that follows these kinds of accidents.

That’s why we approach every premises liability case with care, compassion, and a commitment to your well-being. From day one, our team is here to listen, support you, and take on the legal burden so you can focus on healing and getting your life back on track.

What is Premises Liability?

Premises liability is the legal principle that holds property owners and occupants responsible for injuries that occur on their property due to unsafe or hazardous conditions. For a valid premises liability claim, you will need to prove that the owner knows, or should have known, about the hazardous conditions.

An experienced premises liability lawyer can help you prove liability, seek fair compensation, and take legal action to get your life back to normal.

Are Property Owners Required to Make Their Property Safe?

According to South Carolina law, property owners are legally required to keep their lawful visitors safe. That means property owners are required to maintain walkways and repair known hazards. When hazards exist, they are responsible for informing their guests, usually in the form of “wet floor” signs and other signage. A property owner’s duty of care depends on their visitor’s legal intent:

  1. Invitees- Customers and tenants are owed the highest duty of care.
  2. Licensees- These are people who are visiting for non-business-related reasons, like social guests, and must be warned of dangerous conditions.
  3. Trespassers- These are people who are on or in property without permission from the property owner. They are not owed a duty of care, especially if they are engaged in illegal activity. There are exceptions for children under the attractive nuisance doctrine, such as unsecured swimming pools.

If someone is injured while trespassing or committing a crime on someone else’s property, they have very limited rights to recover compensation. In some cases, trespassers can file a lawsuit against the property owner if they can prove the unsafe conditions were willfully created to cause harm.

How Do You Prove the Property Owner’s Liability?

Proving the property owner was liable for your accident is far easier with the assistance of a premises liability lawyer. There are several factors that must be proven in order to hold an owner liable for your accident.

  • Duty of care- The property owner owes you a duty of reasonable care to maintain a safe environment. Your status as a visitor (Invitee, Licensee, or trespasser) is also important.
  • Breach of duty- The owner failed their duty by ignoring spills, not posting warning signs, failing to repair walkways, or something else.
  • Causation- The owner’s failure directly caused your injury.
  • Damages- You suffered actual harm as a result.

Proving liability takes significant investigation. You will need the skills of an experienced premises liability lawyer to ensure you receive the fair compensation you deserve.

What Are Common Premises Liability Cases?

It is important to understand the different kinds of hazards that may lead to injuries and a premises liability case. For the most part, if your injury was a direct result of hazardous conditions in a property you are legally allowed to be in, the owner will likely be responsible.

Some of the most common premises liability causations are as follows:

  • Slip and fall accidents- Wet floors and slick surfaces without proper warning signs.
  • Trip and fall accidents- Uneven sidewalks, unmaintained rugs, and broken stairs.
  • Unmaintained walkways- Parking lots and sidewalks that are not maintained. This can include loose grass clippings and broken or cracked concrete.
  • Dog bites and animal attacks- A property owner failing to control their dangerous pet.
  • Falling objects- Items that fall from shelves, either in stores or on construction sites.
  • Inadequate lighting- Poor lighting conditions can lead to falls or make dangerous conditions even more dangerous, such as stairwells.

Even if your injury was not caused by something on this list, you may still be able to take legal action if the property owner’s negligence or actions lead to your injuries.

How Much is Your Premises Liability Case Worth?

It is difficult to assign a specific price to your case without knowing the details. Part of our job is examining your case and determining what you are owed. Damages are split into two main categories: economic damages and non-economic damages.

Economic Damages

Many people refer to this as tangible financial loss. These will be things you can prove using invoices and receipts. They most often include the following:

  • Medical costs- ER visits, rehabilitation, medication, and future medical care.
  • Lost wages- Lost income as a result of missed work while you recover.
  • Loss of earning capacity- If your injuries are severe, they may limit what kind of work you can do or prevent you from working altogether.
  • Out-of-pocket expenses- Anything you must pay for out-of-pocket as a result of your accident. This can include transportation (Uber, Lyft) to medical appointments and modifications to your home to accommodate your injuries.

Non-Economic Damages

People refer to this as intangible loss, but that doesn’t mean the impact on your life isn’t real. Proving non-economic damages often relies on expert testimony, such as your doctor’s professional opinion. Non-economic damages may include:

  • Pain and suffering- Physical pain and chronic discomfort caused by the accident.
  • Emotional distress- anxiety, depression, or post-traumatic stress disorder as a result of your accident or injuries sustained from your accident.
  • Loss of enjoyment of life- Some severe injuries may prevent you from participating in hobbies and activities you once enjoyed.

Punitive Damages

Punitive damages are rarely awarded in premises liability cases. They are designed to punish the property owner for especially reckless or intentional conduct. According to South Carolina law, punitive damages are only awarded if the injured person can prove the owner acted with willful or gross negligence. If they have repeatedly been warned of a safety hazard and fail to repair it, punitive damages may be awarded.

How Long Do You Have to File a Claim?

In South Carolina law, the amount of time you have to file a claim, known as the statute of limitations, is limited to three years from the date of injury. This is the case for most personal injury cases. If the claim isn’t filed within that time, you will most likely lose your right to seek compensation.

There are two important exceptions to the 3-year statute of limitations:

  1. If the claim is against a government entity, you only have 1 year to file your claim.
  2. If the injured person is a minor or legally incapacitated, the timeline may be extended.

While you may think 3 years is a significant amount of time, you should not wait to file your claim. Evidence can be lost or destroyed, witnesses may become unavailable, and your own recounting of the incident can change. If you have suffered an injury because of a property owner’s negligence, you should speak with a Greenville premises liability lawyer as soon as possible.

Do You Need a Premises Liability Attorney?

Attempting to take on a premises liability claim on your own is a bad idea. The property owner’s insurance company may even reach out to you before you have a chance to speak with a lawyer with what sounds like a great settlement. This offer might cover your medical expenses and even leave a little bit for you to put in your bank, but you are likely leaving money on the table.

A Greenville premises liability lawyer will be able to help you by:

  • Investigate where the accident occurred, gathering crucial evidence.
  • Identify liable parties, which may include property owners, managers, and commercial renters.
  • Handle communications with the insurance company so you can concentrate on healing.
  • Build a strong case using expert testimony and evidence.
  • Negotiate a fair settlement.
  • Take your case to court if the property owner wants to play hardball.

If you need help with your case, call 864-766-7108 to schedule a free consultation with Hammack Law Firm today. Our premises liability lawyers are here to help you understand your case, pursue your legal options, and seek financial compensation. We are ready to take on your case and make sure negligent property owners are held liable for their actions.

We put the personal back in “personal injury.”

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