If you have been injured on someone else’s property, Columbia premises liability lawyer Bert Louthian can help you receive financial compensation. The Louthian Law Firm represents people in claims relating to injuries on the property of others. Call (803) 592-6231 to talk about your case with a Columbia injury attorney.
Attorney for Premises Liability Claims in Columbia, SC
Premises liability is the way that someone hurt on someone else’s property may receive financial compensation. Columbia premises liability lawyer Bert Louthian represents people who are hurt. He takes care of the legal process for a victim to receive a monetary payment for their losses and harms.
If you have suffered physical injury, we invite you to contact our law firm. Discuss your case, what you may receive in compensation and how our law firm can help. Call or message us today.
Compensation for an Injury on Property
A person who is hurt on someone else’s property may receive financial compensation. South Carolina law requires property owners to take reasonable steps to keep their property safe – the exact standards vary based on the circumstances. If you’re hurt on the property of another, it may be possible to claim financial compensation. The type of case is called a premises liability case.
The Louthian Law Firm represents people in compensation claims. We handle premises liability claims in Columbia, SC and the surrounding region. To see what you may receive and start the process for compensation, contact us today.
Examples of Premises Liability
Here are some examples of how someone may be injured and have a premises liability claim:
- In a convenience store, there is a liquid spill on the floor. Someone slips on the spill, suffering injuries.
- A large store places a pallet of stock in the middle of an aisle. Crowds are large, and the pallet is a hazard. Someone trips on the pallet and falls.
- Stairs are in disrepair, flooring is uneven or there is debris in the path where people are walking. These hazards result in injury.
- A deck, balcony, or landing is not designed up to code. The structure collapses and someone gets hurt.
- Elevators and escalators have not been inspected properly. A sudden stop throws people forward resulting in injury.
- Negligent security leaves a patron the victim of a robbery or assault, causing injury.
- Fire safety and electrical hazards result in a fire that physically harms someone on the property.
- A property owner doesn’t secure their pool with a fence and warning signs. A drowning occurs.
These are just some ways that premises liability accidents and injuries can occur, but there are many hazards and dangers that can create legal liability. A victim may suffer injury or wrongful death.
Understanding South Carolina Premises Liability Laws
Premises liability is the idea that someone who owns or controls a piece of property ought to keep it safe for others who enter the property. After all, they are the one in a position to keep the property safe. If they fail in their duties, and an injury occurs, the property owner may be liable to pay compensation.
South Carolina law divides people who enter onto the property into four categories – invitees, licensees, adult trespassers, and children. These categories are important because there are different standards for when a victim can claim financial compensation.
Invitees are expressly or impliedly invited to the property for a business purpose. For example, when you walk into a convenience store, a restaurant or your doctor’s office, you are an invitee. You are there for the benefit and business purposes of the property owner.
The highest legal duty applies to invitees. They can expect that the property owner has prepared the premises and made it safe for their reception. The property owner must exercise reasonable or ordinary care for the safety of invitees. They are liable to pay compensation for injuries resulting from breach of their duty.
A licensee has the property owner’s consent to enter the property. The licensee benefits when they enter the property, and the property owner consents to their presence. A social guest is a type of licensee. A person is a licensee when they enter property to ask for a favor, ask for directions, do volunteer work or chase their dog, for example.
A property owner doesn’t have to undertake affirmative steps to make their property safe for a licensee. However, they must use reasonable care to avoid injury to a licensee and warn of concealed dangers on the property.
Adult trespassers have little protection under South Carolina premises liability law. They don’t have permission, express or implied, to be on the property. The landowner doesn’t have a duty of care, and they don’t have to warn trespassers of potentially harmful conditions. The only requirement is that the property owner doesn’t hurt a trespasser on purpose.
South Carolina law recognizes that children may not appreciate dangers in the same way that an adult can. A property owner must take extra care to protect children when they have a structure that might be attractive to children like a swimming pool, something to climb on or even a pet. If a child is injured because of an attractive nuisance, the property owner may be liable to pay compensation.
Liability limited for recreational purposes with permission
South Carolina law limits premises liability when a person has permission to use someone else’s property for recreational purposes. The purpose of the law is to encourage people to share their property when they have land and water that can be used recreationally.
S.C. Code § 27-3-30 relieves the property owner of a duty of care for safety when offering their property for recreation. However, liability is not waived for grossly negligent, willful or malicious failure to guard or warn against danger. In addition, liability is not waived for a property owner who charges admission. (S.C. Code § 27-3-60).
What if the property owner is a family member or a friend of mine?
Even if you’re hurt on the property of a friend or family member, it may be possible to receive compensation. Many claims are settled through homeowner’s and business insurance policies, so you may not need to go to court or have a contested trial. Contact our law firm to talk about your unique circumstances and your options.
What compensation can you get for a premises liability claim?
Think about all the ways that you have been harmed by the accident and your injuries. You have medical bills, painful physical injuries and lifestyle limitations. It may be impossible to work or care for family members. You may have mental health injuries like anxiety, PTSD, avoidance of social situations, depression and others.
These are all ways that you have suffered because of your injury – and they are all things that you may be compensated for. South Carolina law allows premises liability victims to claim compensation for economic and non-economic damages. The compensation you receive is unique to your losses and other factors that may be relevant to the claim.
For a personalized evaluation of what you may receive for a premises liability claim, we invite you to contact us for a case consultation.
Why Choose Our Experienced Law Firm?
Here are reasons to choose The Louthian Law Firm as your Columbia premises liability lawyer:
- The Louthian Law Firm is a family-owned law firm. We focus on helping families when they have an unexpected injury or wrongful death, including in premises liability cases.
- Under the mentorship of his father, Bert Louthian has been practicing law since 1985. He has spent time in the local courts, learning the details that matter in premises liability cases.
- Claims handled throughout the Columbia, SC region including in Richland, Lexington, Fairfield, Calhoun, Kershaw and the surrounding counties.
- A convenient location in downtown Columbia, SC across from the Richland County courthouse. We are accessible by car and public transportation.
- It’s always free to have a consultation with our law firm. Get answers to your questions and learn about your legal rights.
- Our team exhaustively investigates and builds each case. Through technical work involving expert witnesses, evidence demonstrations, reconstruction and accounting for damages, we build you a strong case.
- We have a track record of success. You can work with a Martindale-Hubbell® AV®-rated attorney who is a member of the Multi-Million Dollar Advocates Forum and the Top 100 – The National Trial Lawyers.
We are your law firm when you are hurt. By focusing on people who need help in the legal system, we have the experience, knowledge and resources that get results. When you’re facing the fallout of an unexpected injury or other harm, we can alleviate the stress and pursue the compensation that you deserve.
Consultations Available – Talk to a Premises Liability Lawyer
If you have been hurt, you can talk to a Columbia premises liability lawyer. Attorney Bert Louthian is currently taking new cases. You can have a consultation free of charge with no obligation.
See what you may receive in compensation and start your case today. Call (803) 592-6231 or message us online to talk to our team. We look forward to speaking with you.