Effective Charleston Premises Liability Attorney

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In South Carolina, someone cannot invite you onto their property without assuming a duty of care to you. Property owners cannot simply do whatever they want when there’s an apparent, or nothing at all when there’s a problem identified to them, and not face consequences when someone is hurt.

If you have been injured in a premises liability accident, you could be entitled to significant financial compensation. First, you must go through a legal process, which could involve filing a premises liability claim or lawsuit against the responsible party. Call Charleston premises liability attorney Frank Hartman and his team at The Hartman Law Firm, LLC to discuss your case.

Examples of Premises Liability Cases in Charleston, South Carolina

The principles of premises liability law apply any time someone else has invited you onto their property. Examples of premises liability cases we handle include:

  • Slip and falls
  • Negligent security, when you have been attacked
  • Parking lot injuries
  • Hotel incidents
  • Amusement park accidents
  • Patio and deck collapses
  • Swimming pool injuries
  • Dog bites

What’s a property owner’s duty of care to visitors?

When a property owner, or someone who is in control of the property, opens their premises to you, they assume certain duties that they owe you.

In any personal injury case, this is known as the duty of care. In a premises liability case, the duty of care varies based on your status on the property.

Under South Carolina law, there are three different duties of care:

  • Invitee: This is someone who was invited to come onto the property that is open for business. The property owner must exercise reasonable care for the safety of an invitee. They must warn of latent or hidden dangers of which the landowner has knowledge or should have knowledge.
  • Licensee: This refers to someone privileged to enter or remain upon land by the property owner’s consent, such as a social guest. The property owner must use reasonable care and warn a licensee of any concealed dangerous conditions or activities that are known to them.
  • Trespasser: The property owner owes no duty of care to a trespasser other than to avoid deliberately harming them. However, that changes when children are trespassing.

You can win a premises liability case when you prove that someone breached the duty of care that they owed you. This is known as negligence, and you can put forth evidence that shows that the property owner was negligent.

Evidence of negligence can include:

  • Witness testimony from people who happened to see the accident
  • Pictures of the scene of the accident
  • Maintenance and inspection logs
  • Security camera footage
  • Testimony from an accident reconstruction expert

Damages in a Premises Liability Case

The determination of how much money you may be due in a premises liability case is unique to you. The defendant is obligated to pay for the full extent of your injuries, both your actual financial losses and the experience that they have forced you to endure.

Depending on who you are suing, there could be a large amount of money available in insurance coverage to pay for your injuries. It is vital to know the value of your claim before you file a lawsuit or approach the insurance company to negotiate.

Your premises liabilities damages can include:

  • Medical bills
  • Lost wages
  • Pain and suffering
  • Scarring or disfigurement
  • Loss of enjoyment of life
  • Emotional distress
  • Embarrassment and humiliation

Never draw any assumption about what your case may be worth until you talk to a premises liability lawyer.

Contact Our Charleston Premises Liability Attorney Today

As your attorney, Frank will be committed to fighting as hard as he possibly can to uphold your legal right to full compensation for someone else’s negligence. He has held others accountable and obtained justice in the aftermath of an accident at a dangerous property.

We have the legal resources that you may not be able to get on your own. Learn about a case strategy during a free initial consultation with Frank or a trusted member of The Hartman Law Firm, LLC. You can message us through our website or call us today at 843.300.7600. You pay nothing unless you win your case.

Premises Liability Lawyer FAQs

Do property owners have a duty of care to children?

Not only do property owners owe a duty of care to children, but the actual duty is higher than they would to an adult. Property owners may be liable when children who trespass are injured by something that could be considered an attractive nuisance.

What should you do first if you were injured on another property?

Two things are entirely under your control that you should do after you have suffered an injury in a premises liability accident. First, seek medical help from the appropriate physicians, who can diagnose and treat your injury. Next, hire an experienced premises liability attorney to handle your legal case and fight for your legal rights.

You do not have to go it alone during the legal process. Our Charleston premises liability lawyer is here to help you and work to secure you all the compensation you deserve.

What does a premises liability attorney do?

A Charleston premises liability attorney holds property owners accountable when their negligence causes injuries. That begins with an investigation into how the injury happened and identifying ways the property owner may have failed to live up to their legal duties to the injured person.

From there, the attorney will make a well-documented demand for compensation, negotiate with the insurance company, and–when it’s in your best interest–prepare your case for trial and fight for you in court.

When should I contact a Charleston premises liability attorney after an accident?

You should contact a local premises liability attorney as soon as possible after your injury. One reason you should act quickly is that it will give your attorney a better opportunity to investigate and gather evidence. They may even be able to see and document the conditions that caused your injury before repairs have been made.

Hiring a premises liability law firm right away will also protect you from shady tactics insurance companies often use against people who are unfamiliar with the law and procedures.

How can a premises injury lawyer help prove that a property owner was negligent?

A premises liability lawyer looks at the conditions or events that caused the injury and assesses whether they demonstrate that the property owner failed to live up to their duty of care. That may include having the property inspected, examining photos and video from the time of the accident, obtaining maintenance records for the property, consulting expert witnesses, and other steps.

When you schedule a free consultation with a premises liability law firm, the attorney can describe more specifically how they will approach your particular case.

What types of cases does a premises liability lawyer handle?

Premises liability cases typically fall into one of two categories. The first and most common involves injuries caused due to the property owner’s failure to maintain the property in a safe condition or failure to warn of dangerous conditions. The most common is a slip or trip and fall case.

The other type of premises liability case involves negligent security or other breaches of duty that allow harm caused by a third party. One example might be if the property manager of a secure building failed to repair a broken security door and a tenant was injured by a burglar who was able to access the building because the door was broken.

What should I do if I’m injured on someone else’s property in Charleston?

The first thing you should do after any accident is assess your injuries. If necessary, call for an ambulance. If you’re not seriously injured enough to call an ambulance, you should get checked out by a medical professional as soon as possible.

Report the injury to the person in charge of the property, or ask someone else to do so. If you’re able to do so, you should also get names and contact information from any witnesses and take pictures of the accident scene and any conditions that may have caused or contributed to the accident.

Then, contact a Charleston premises liability law firm as soon as possible.

How does a premises liability law firm determine who is responsible for my injuries?

By definition, a premises liability case involves negligence on the part of the property owner or person or entity in control of the property. However, your premises injury attorney should also assess your case for other possible responsible parties. Some possible examples include an outside maintenance or construction company responsible for the dangerous condition, the manufacturer of a piece of furniture or construction materials, or even another person on the property who created the hazard.

What kind of compensation can I seek with help from a premises liability lawyer?

The compensation available in any injury case depends on how seriously you were harmed, whether the injury is temporary or permanent, your medical expenses, and other financial losses. Some of the most common types of damages in premises liability cases include medical expenses, costs of assistance or equipment required because of the injury, lost wages during your recovery, and anticipated loss of future earning capacity and loss of quality of life/pain and suffering. But every case is different.

Your premises injury lawyer can explain exactly what types of damages may be available in your case.

Do I need a premises injury attorney if I was hurt in a slip and fall accident?

It is generally in your best interest to talk to a premises injury lawyer as soon as possible after you’ve been injured on someone else’s property. Proving negligence in a slip and fall case or other premises liability case can be complicated, and the insurance company will usually be looking for ways to deny your claim or pay you less than fair compensation.

How much does it cost to hire a premises liability attorney in Charleston?

Premises liability lawyers, including Frank Hartman, typically charge on a contingency fee basis. With a contingency fee arrangement, you pay nothing up front. Instead, you agree in advance to pay your injury lawyer a percentage of your settlement or verdict (and maybe certain costs of litigation). If your lawyer doesn’t settle your case or win you a verdict at trial, you don’t pay attorney fees.

Can a premises liability lawyer handle cases involving both residential and commercial properties?

Yes, a premises liability lawyer can handle both types of cases. However, it’s important to note that there are some differences between a case against a business and a case against a friend you were visiting when you were injured. For example, the duty a homeowner owes to a social guest is different from the duty a retail store owes to its customer. So, it’s important to make sure that you choose a premises liability attorney who has experience with cases like yours. During your free consultation with a premises liability law firm, be sure to ask about the lawyer’s experience with similar cases.

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