North Charleston Premises Liability Attorney

Injured on Someone Else’s Property? Know Your Rights and Legal Options

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Trust Frank Hartman — The Expert North Charleston Premises Liability Lawyer

In South Carolina, property owners generally have a duty of care to people on their property. If they don’t live up to that responsibility, they may be legally responsible for any resulting injuries.

If you have been injured in a premises liability accident, you could be entitled to significant financial compensation. However, premises liability cases can be complicated. The duty of care the property owner owes you depends on the reason you were on the property, and the burden is on you to show that they failed in that duty. Call Charleston premises liability attorney Frank Hartman and his team at The Hartman Law Firm, LLC to discuss your case.

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Choosing the Right North Charleston Premises Liability Lawyer

Premises liability cases are somewhat different from other types of negligence cases, so you’ll want to work with an experienced premises liability lawyer. During your free consultation with an injury lawyer, you should ask about the attorney’s experience with cases like yours. But that’s just one of the important considerations when choosing your attorney.
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Why Hiring a Local Charleston Premises Liability Attorney Matters

Another key factor is location. You may get solicitations from big injury firms that take on cases in multiple states, or see them advertised on late-night television. When they talk about handling tens of thousands of cases, it may sound impressive. But there are downsides to hiring a distant, high-volume firm.
First, laws vary from state to state, and some court procedures differ from county to county within a state. When you hire a local North Charleston premises liability lawyer, your lawyer will have knowledge those remote firms don’t have. For example:
  • A premises liability attorney who regularly practices in North Charleston will be familiar with and experienced in navigating local court rules and judges’ preferences
  • A local lawyer will be familiar with the insurance companies commonly involved in local cases like yours and the attorneys who represent them
  • A North Charleston premises liability attorney will know how similar cases have settled locally and how local juries have responded to cases like yours
  • An experienced local premises lawyer will also have knowledge of state and local codes and other regulations impacting the property owner’s duty
Being a member of the local community gives your attorney other advantages as well. For example, they are more likely to be familiar with the property where you were injured (if it is a commercial location) and to be able to visit the site where you were injured. They will also be better positioned to seek out and interview witnesses and to identify and obtain other evidence.
North Charleston premises liability attorney Frank Hartman has been fighting for injury victims in and around Charleston for decades. He has the knowledge and experience to handle your local premises liability case and extensive experience in the local courts. Schedule your free consultation today by calling 843-300-7600 or filling out our contact form.

Examples of Premises Liability Cases in North 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

Success Stories from Our Clients

I sustained a pretty gnarly hand injury . Frank has been an amazing lawyer throughout the whole process . He has kept me informed and made me understanding of my whole entire situation . I would highly recommend working with this law firm ! He is an outstanding lawyer.

Faith Google

Hartman Law has done an incredible job for me and our family. Thank you for the professionalism and attentiveness throughout the process. We will recommend The Hartman Law Firm to all our friends and family. Thank you, Frank!

Brian Google

I want to extend my deepest gratitude to Frank Hartman for his outstanding assistance during a challenging time. His professionalism, expertise, and attention to detail, made all the difference in navigating my case. Frank was always available to answer my questions and helped me every step of the way. Thanks to his dedication and strategic approach, we achieved a positive outcome, which I am so thankful for. I highly recommend Frank Hartman to anyone in need of a skilled and compassionate attorney.

Tabathia Google

How We Prove Liability and Build a Strong Case

Every case begins with investigation. After hearing your story and taking any evidence you may have gathered, we will gather additional information such as:
  • What duty of care applies in your case, based on the type of property and the reason for your visit
  • Determine whether anyone other than the property owner may be partly liable
  • Seek out any possible witnesses and interview them
  • Seek out any documentation of the event, such as security camera footage that may have captured your injury and the circumstances leading up to it
  • Where necessary, work with expert witnesses to establish that the property owner did not live up to their duty of care
We will also gather other types of information, such as how much insurance coverage is available to compensate you for your injuries. If the insurance coverage is insufficient to cover your damages, we may also look into whether the property owner has other resources to compensate you.
We will also use a process called discovery to get additional information from the property manager, and perhaps from others. This information may include maintenance records and internal documents that might prove negligent maintenance or that the property owner was aware of or should have been aware of the defect, photographic or video evidence that shows the condition of the premises prior to the accident and more.

Personal Injury and Premises Liability Case Results

Sidewalk Negligence

Nearly $1,000,000 Settlement for Sidewalk Negligence

We resolved a three-year battle against a Berkeley County HOA. My client fell and hurt himself badly. He broke his left arm and damaged his neck. He could no longer be an Emergency Room physician afterward. The settlement was for close to 1 million dollars. It was due to the worst walking path in all of existence, with up to 5 5-inch variance in uniformity of elevation. It was only until we settled that they repaired the path.

Workers' Compensation & Third-Party Liability

Employee Injured at Charleston Port Wins $500,000

Our firm successfully secured a global settlement of $500,000.00 for our client after a contentious, five-year litigation process involving three separate claims. The incident occurred at the Charleston Port when a “yard dog” (trailer jockey) operator struck our client, an employee checking security papers, with a 40,000-pound container. The container impacted the small security hut our client was standing in.

Product Liability: Defective Airbag

Defective Airbag Shrapnel Injury won $450,000

A young man was struck by a flying shard of metal from a defective Honda airbag. EMS advised leaving the shard in the throat to prevent the young man from bleeding out. Forty-five minutes went by. Finally, they took him to the emergency room where he underwent emergency surgery. It was touch and go. The metal shard nicked the carotid artery. Ultimately, the young man recovered, but with an unsightly scar on his neck. He was only eighteen years old. With another firm, we obtained a settlement from Honda. The settlement with Takata, the maker of the defective airbag, is ongoing. Honda knew of the defective part for ten years and did nothing.

Will My Premises Liability Case Go to Trial?

Most personal injury cases settle without going to trial. That said, every case is different. When you choose a premises liability lawyer in North Charleston, you will want to make sure your attorney has experience trying personal injury cases and is ready and willing to take your case to trial if necessary. At The Hartman Law Firm, our recommendations are always based on what is best for you in the context of your case and your goals.

Common Defenses Property Owners Use (and How We Counter Them)

Defenses in a premises liability case typically fall into one of a few categories:
  • The landowner claims not to have had a duty to you, or to have had a lesser duty to you
  • The landowner claims that the premises were not in dangerous condition
  • The landowner claims that they were not aware of/could not reasonably have been expected to be aware of the dangerous condition
  • The landowner claims a third party was responsible for your injuries
  • The landowner claims that you were responsible or partly responsible for your own injuries
Often, when you speak directly with the insurance company, they will try to use these claims to discourage you from filing a claim, or to convince you to take a smaller settlement than you might be entitled to. That’s why it’s usually best not to speak with the insurance company until you have consulted a North Charleston premises liability lawyer.
When the insurance company tries to divert responsibility, we’ll put our experience and the information we’ve gathered to work to demonstrate their liability and fight for fair compensation.

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.

What to Do Immediately After a Premises Liability Accident

When you’ve been injured on someone else’s property, there are some steps you can take right away to protect your health and your personal injury claim. The first, always, is to make sure you seek any necessary medical care and to follow through with any testing and treatment your doctor recommends.
If you are able to do so safely (this will depend on the extent of your injuries), you should immediately:
  • Notify the property owner of your injury
  • Collect contact information from any witnesses
  • Take photos or video of the scene of the injury, clearly showing the conditions that caused your accident
  • Look around for security cameras or other possible sources of footage of your accident
As soon as possible after the injury, you should:
  • Write down exactly what happened–you may be called upon to describe the accident months (or even years) later
  • Contact an experienced premises liability lawyer in North Charleston–the sooner you hire an attorney the better opportunity they will have to gather evidence and to protect you from shady insurance company tactics
Ready to find out what your case is worth?

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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.

Free Legal Guides from Frank Hartman

Backed by years of real case experience, Frank Hartman shares what most people don’t learn until it’s too late. Download these guides to better understand your rights, the insurance process, and what to expect after an accident.

Free legal book written by lawyer Frank Hartman

Frank Hartman’s Guide

On how not to wreck your car accident claim

Free legal advice book

5 Secrets

The insurance companies don’t want you to know

Premises Liability Lawyer FAQs

Ready to Talk? Get Your Free Premises Liability Case Evaluation Today.

If you were hurt on someone else’s property, the property owner, business, landlord, or insurance company may already be working to protect themselves. The longer you wait, the more time they have to clean up the hazard, dispute what happened, question the seriousness of your injuries, or argue that you were responsible for the accident.

A free consultation with Frank Hartman costs you nothing and obligates you to nothing. In that conversation, Frank will listen to what happened, review the details of your premises liability case, and help you understand your legal options in plain English. Whether you were injured in a slip and fall, trip and fall, negligent security incident, or another unsafe property condition, you will get honest guidance without pressure or legal jargon.

You pay nothing unless Frank wins your case. There are no upfront fees, no hourly charges, and no financial risk to getting started.

Submit our online form or call and text Frank directly at 843.300.7600. Available 24/7.

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