When you step onto someone else’s property in Florence, you have a reasonable expectation of not getting injured. Property owners have a legal duty to keep their premises safe for visitors and address any dangerous conditions promptly. Uneven floors, broken handrails, wet surfaces, poor lighting, and many other hazards can lead to serious slip-and-fall accidents and severe injuries. If you were hurt due to a property owner’s negligence, you have the right to pursue compensation for your medical bills, lost income, pain and suffering, and other damages with the help of a Florence premises liability lawyer.
At Swilley Law Firm, LLC, our seasoned premises liability attorney will fight passionately to protect the rights of injured individuals in Florence and the surrounding communities. We believe property owners must be held accountable when their carelessness causes harm to visitors. With our extensive experience and knowledge of South Carolina premises liability laws, we can assess the merits of your claim, gather evidence, interface with insurance companies, and build a strong case for maximum compensation. You deserve dedicated legal representation and personalized attention during this difficult time – and that is exactly what we provide.
What Is Premises Liability?
Premises liability is an area of personal injury law that focuses on accidents and injuries on someone else’s property due to the property owner or manager’s negligence. Some common premises liability accidents include:
- Slip and fall incidents due to spills, ice, uneven surfaces, torn carpeting, potholes, etc.
- Trip and fall accidents from clutter, poor lighting, unmarked steps, broken sidewalks, etc.
- Swimming pool accidents and drownings
- Elevator and escalator malfunctions
- Fires and explosions
- Falling objects
- Injuries and sickness resulting from consumption of improperly prepared or deficient food from restaurants and retail stores
- Exposure to toxic substances
- Amusement park and carnival ride accidents
- Violent crimes resulting from negligent security
Under South Carolina law, property owners have a duty of care to keep their establishments safe for lawful visitors and to warn them about any known hazards that are not open and obvious. When they fail in this duty, and someone gets hurt as a result, the owner can be held liable for the injured person’s damages in a premises liability claim.
Types of Visitors and Duty Owed
In premises liability cases, the property owner’s specific duty, and the injured person’s legal status depend on the category of visitor:
- Invitee: An invitee is someone who enters a property for the financial benefit of the owner, such as a customer in a store or a patron at a restaurant. Property owners owe the highest duty of care to keep the premises safe for invitees.
- Licensee: A licensee has the owner’s express or implied permission to enter the property for their purposes, such as a social guest at someone’s home. The owner must warn licensees of known dangers.
- Trespasser: A trespasser enters a property without any right or permission. Owners typically do not owe a duty to trespassers, except to avoid causing willful or wanton injury. Different rules apply for child trespassers who may be attracted to swimming pools or other hazards which could be deemed an “attractive nuisance.”
A skilled premises liability attorney can evaluate your visitor status and the property owner’s actions to determine if you have a valid claim for compensation.
Common Premises Liability Injuries
Slip and fall accidents and other premises liability accidents often result in severe, debilitating injuries that have long-term consequences for victims and their families. Some of the most common injuries we see in premises liability cases include:
- Traumatic brain injuries (TBI) and concussions
- Spinal cord damage and paralysis
- Neck, back, and shoulder injuries
- Fractured and broken bones
- Ligament, tendon, and muscle tears
- Lacerations, bruises, and contusions
- Burns and scarring
- Internal organ damage
These catastrophic injuries frequently require extensive and ongoing medical treatment, surgeries, rehabilitation, prescription medications, assistive devices, and home modifications. Some victims are left permanently disabled and unable to work or care for themselves. The lifetime costs can easily reach hundreds of thousands or even millions of dollars.
Seeking Compensation for Your Losses
If you are suffering due to a preventable accident on someone else’s dangerous property, you can file a premises liability insurance claim or lawsuit against the negligent owner. Through a successful case, you may be able to recover compensation for losses such as:
- Past, current, and future medical expenses
- Lost wages and reduced earning capacity
- Pain and suffering
- Emotional distress and mental anguish
- Scarring and disfigurement
- Disability and loss of enjoyment of life
- Out-of-pocket costs
The knowledgeable Florence premises liability lawyer at Swilley Law Firm can accurately assess the full extent of your damages and fight aggressively to pursue the maximum financial recovery you need to heal and move forward with your life. We have a track record of successful results for injured clients in Florence and across South Carolina.
The Role of a Premises Liability Lawyer
Premises liability claims can be very complex, with strict legal requirements and deadlines. The property owner and their insurance company will look for any reason to deny liability and pay you nothing or as little as possible. To level the playing field and improve your chances of a fair outcome, you need an experienced Florence premises liability lawyer to handle every aspect of your case and be your strong advocate.
At our law firm, we provide comprehensive legal services tailored to your unique situation. This includes:
- Listening carefully to your story during a free consultation
- Conducting an independent investigation into the unsafe property conditions
- Gathering important evidence before it can be altered or destroyed
- Identifying all potential defendants and insurance policies
- Filing your claims and handling all communications with the insurance companies
- Hiring expert witnesses to testify about the owner’s negligence and your injuries
- Negotiating vigorously to reach a favorable settlement
- Preparing your case for trial and fighting for you in court if necessary
- Keeping you updated and answering all your questions along the way
Time Limits for Filing a Premises Liability Lawsuit
In most cases, you have three years from the date of your premises liability accident to file a personal injury lawsuit in South Carolina. While this may seem like a long time, critical evidence can quickly disappear, and witnesses’ memories can fade. The sooner you contact a Florence premises liability lawyer, the better they can gather the proof needed to build your case. If you miss the deadline, the court will likely dismiss your case entirely. It is important to speak with an attorney as soon as possible to understand your rights and legal options.
Get Help from a Top Florence Premises Liability Lawyer
At Swilley Law Firm, LLC, we understand how a sudden, serious injury can impact all aspects of your life. When you are facing mounting medical debt, lost income, and an uncertain future, our compassionate team is here to provide the strong advocacy and trusted guidance you need. We care about our clients like family, and you can count on us to put your best interests first and work tirelessly to achieve the best possible outcome for you.
If you have been harmed due to a negligent property owner, call our office today for a consultation with an accomplished Florence premises liability attorney.
