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Liability if someone is hurt on your property depends on why the injury occurred and the laws in your state. A property owner may be liable for an injury on their property if they fail to fulfill their duty to keep the property safe. In South Carolina, the status of the visitor matters, meaning whether they are a business guest, social invitee, or trespasser.
Our experienced Columbia personal injury lawyers at Shealey Law Firm explain who is responsible if someone is hurt on your property.
Premises Liability in South Carolina: What Does It Mean?
Premises liability applies when someone gets injured on your property. It is the law to evaluate who has legal liability and answer the question: If someone gets hurt on your property, are you liable?
In South Carolina, property owners have a legal duty to keep their property safe. This duty is for the benefit of people who enter the property.
The legal standard is to do what’s reasonable. What’s reasonable depends on the person’s status as an entrant—a business invitee, social guest, or trespasser.
Types of Property Visitors: Invitees, Licensees, and Trespassers
South Carolina divides property visitors into three categories: invitees, licensees, and trespassers. Different standards apply based on the person’s category.
Invitees
An invitee is invited to the property for the property owner’s benefit. Customers, patrons, and clients are invitees. They are there to shop, receive a service, or otherwise conduct business. Ultimately, this benefits the property owner.
Property owners have the highest standard of care for an invitee. They must affirmatively look for dangers. A property owner may be liable if they could have discovered a danger through reasonable inspection.
Licensees
Licensees are social guests. An example is having a friend over for dinner. Others with implied permission to be on the property, such as door-to-door salespeople or first responders, may be licensees.
While the duty of care to a licensee is lower than that of an invitee, social guests still receive significant protection under South Carolina law. The property owner doesn’t have to inspect the property for danger, but they must warn the guest of known dangers that may cause harm.
Trespassers
Generally, property owners are not liable if a trespasser gets hurt on their property. But a property owner may not cause intentional harm to a trespasser.
There are different standards for child trespassers when the injury involves a condition that might be attractive to a child, such as a body of water or something children would like to play on.
Note: Not all states use this categorization system to evaluate premises liability claims. An experienced attorney can help you understand the law that may apply in your state.
When You Are Likely To Be Held Liable
Examples of when you may be liable if someone gets hurt on your property are varied.
- The sidewalk was broken and warped, creating a trip hazard. You failed to warn your friend before they walked towards the house.
- A business owner has a spot where water leaks and pools. Despite knowing about the problem, they don’t fix it or put up warnings. A patron slips and falls.
- A railing is loose on a staircase. A customer pulls on the railing. It fails, causing the person to fall.
- Overheating and arcing issues cause a building fire. The property owner overloaded circuits and failed to address loose connections. A customer is hurt in the fire.
- A large, all-purpose store operates late at night. Despite incidents of assault and robbery in the parking lot, the store doesn’t add extra security, cameras, or better lighting. Someone is attacked and hurt.
These are just some examples. The question is whether the property owner took reasonable measures to prevent the injury.
When You Might Not Be Responsible for the Injury
A property owner is not always liable if someone gets hurt on their property. Common defenses may include the following:
- The danger was hidden, and it was not reasonable that you would have discovered it through reasonable inspection.
- You took reasonable steps to warn the person of the danger.
- It was obvious that the danger was present, and you put up barriers to prevent access.
- Unforeseeable conduct from a third party was the cause of harm.
- As the property owner, you followed safety codes, inspection, and maintenance requirements.
- The person on the property was a trespasser.
- Recreational use immunity applies.
- The person contributed to their own injuries by doing something dangerous.
An attorney can evaluate the defenses that may apply. South Carolina uses a modified comparative negligence evaluation.
What To Do If You’re Sued After an Injury on Your Property
If you’re sued after an injury on your property, contact a lawyer as soon as possible. Document the scene, including photographs and names of witnesses. Make notes of things the injured person and others said at the time the injury occurred. Note the response, such as whether an ambulance came and if the person sought immediate medical attention. Notify your insurance company. A lawyer can guide you to document what occurred and build your defenses.
How a Columbia Personal Injury Lawyer Can Help Property Owners and Victims
Whether you are a property owner or a victim, Shealey Law Firm is a Columbia personal injury lawyer that can help you. We handle premises liability claims. Call or message us now.