According to the Graziadio Business Review, “the term ‘premises liability’ refers generally to the legal responsibility of the owner and/or occupant of real property for injuries that someone may sustain while on the property due to a dangerous or defective condition that exists there.” A severe accident or injury can occur anywhere and at any time. When there is an injury at someone else’s house or business property, you could have a premises liability claim and need to contact an attorney.
In the case of house owners or managers of a property neglecting a dangerous situation, being unsuccessful in fixing that situation, or not properly warning others about the condition, you can almost always recover the compensation for your injury.
To recover your compensation, you must contact a skilled and experienced attorney that can help you. From 2017 to 2018, there was an increase of almost 10,000 premises liability cases recorded. Marc Brown Law Firm is a friendly firm that believes no one deserves to suffer due to someone else’s negligence. We work towards providing complete justice to our clients by fighting for their rights with full dedication, hard work, and consideration.
Marc Brown is a successful and experienced personal injury lawyer situated in Sumter that is an expert at premises liability cases. He is the face of our company as he carries years of experience and understandings of issues. Formerly, Marc Brown worked in a national firm defending corporate organization. Due to this experience, Marc Brown can win his cases as his understanding and consideration are great. He knows how to work an issue from all the angles, which makes him able to win for his clients.
We at the Marc Brown Law Firm care deeply for you and your rights, and we show that to you by winning your cases and getting you the compensation you deserve.
Common Types of Premises Liability Cases
A premises liability case can arise from a variety of hazardous conditions or incidents on someone else’s property. Here are some common types:
- Slip and Fall Accidents: Often caused by wet floors, uneven surfaces, or loose carpeting. Slip and fall victims in Sumter have the right to pursue accident and injury compensation.
- Trip and Fall Accidents: Resulting from obstacles like cluttered walkways, poorly maintained sidewalks, or broken stairs.
- Inadequate Security: Leading to criminal acts such as assaults or robberies due to lack of security measures like surveillance cameras or proper lighting.
- Swimming Pool Accidents: Including drownings or injuries due to lack of supervision, faulty pool equipment, or unsafe pool areas.
- Dog Bites: Incidents where property owners fail to control their pets, leading to attacks and Sumter dog bite injury lawsuits.
- Elevator and Escalator Accidents: Caused by mechanical failures or improper maintenance.
- Toxic Exposure: From hazardous materials like asbestos, mold, or chemicals present on the property.
- Fire Safety Violations: Injuries or fatalities resulting from lack of fire alarms, sprinklers, or clear evacuation routes.
How Liability is Established in South Carolina Premise Liability Cases
In South Carolina, determining liability for a premises liability case involves understanding who can be held accountable and how their negligence contributed to the incident.
Who Can Be Held Liable?
- Property Owners: Owners of commercial or residential properties can be held liable if they failed to maintain a safe environment.
- Tenants: Tenants who lease commercial or residential properties and are responsible for maintenance can also be held accountable for negligence.
- Property Managers: Individuals or companies managing the property may share liability if their failure to act contributed to unsafe conditions.
Negligence
A party is negligent if they failed to take reasonable steps to prevent foreseeable harm. This can include failing to fix known hazards or neglecting to provide adequate security measures.
To establish negligence, the following elements must be proven:
- Duty of Care: The property owner or responsible party had a legal duty to provide a safe environment for you.
- Breach of Duty: The responsible party breached this duty through negligent actions or failure to act.
- Causation: The breach directly caused your injury or harm.
- Damages: You suffered actual damages as a result of the incident (e.g. injuries, medical bills, lost income, pain, and suffering).
Contributory Negligence in South Carolina
South Carolina follows a modified comparative negligence rule (S.C. Code Ann. § 15-38-15), which means that if you are found to be more than 50% at fault for the incident, you cannot recover damages. However, if you are less than 50% at fault, your compensation will be reduced by their percentage of fault.
Compensation Available Through a Premises Liability Claim
Victims of premises liability incidents in Sumter can seek various types of compensation. Here are the primary categories of damages that can be recovered:
- Medical Expenses: Costs for immediate and ongoing medical treatment, including hospital bills, surgeries, medication, and rehabilitation.
- Lost Wages: Compensation for the income lost due to the inability to work during recovery.
- Pain and Suffering: Damages for physical pain, emotional distress, and diminished quality of life.
- Property Damage: Costs for repairing or replacing personal property damaged during the incident.
- Punitive Damages: In cases of extreme negligence, punitive damages may be awarded to punish the responsible party and deter similar conduct in the future.
Insurance companies often aim to minimize the payout for premises liability claims. However, claimants represented by an experienced attorney, such as Marc Brown, typically recover significantly more compensation than those who pursue claims on their own.
Choose The Best Premises Liability Lawyer in Sumter
If you have gotten into an accident or experienced an injury due to someone else’s negligence, here is why you should choose the Marc Brown Law Firm for a liability lawyer in Sumter.
- Our company’s main objective is to provide the best services to our clients and win their cases. Since the beginning of our establishment, we have focused on personal injury law.
- We prepare our clients’ cases as if they are going to trial. This way, we can cover and understand every aspect of the case and are ready for anything that could come our way.
- We understand that it can be hard for clients to trust their attorneys and they may be fearful. We make sure to stay as connected to our clients as possible. Winning their trust is essential, therefore we share every detail of the case with them.
- Here at the Marc Brown Law Firm, we understand and empathize with our clients. We know they could be facing financial issues due to injuries or accidents, therefore we do not charge our clients unless we win their case.
- We also offer very affordable charges to the clients, once we win their cases, to recover from their losses quickly.
Contact Our Sumter Premises Liability Attorney Today!
If you have faced any premises liability injury or accident, you do not deserve to face the consequences and losses of it due to someone else’s negligence. You have the right to compensate for your injuries, so contact Marc Brown Law Firm and book your free appointment and let us win! We would be more than content to look over your case’s information and give you a free, confidential preliminary case review.