Charleston Premises Liability Lawyer — Hurt on Someone Else’s Property? Know Your Rights.

Every year, South Carolinians are seriously injured on properties that were not maintained safely — slipping on wet floors in grocery stores, tripping on broken sidewalks in downtown Charleston, falling on poorly lit stairways in local hotels, or being bitten by dogs on a neighbor’s property.

Property owners in Charleston have a legal duty to maintain safe conditions for visitors. When they fail to meet that duty, they can be held liable for the injuries that result. Schiller & Hamilton’s premises liability attorneys represent injured Charlestonians — and visitors to our city — who deserve compensation for those injuries.

Common Premises Liability Accidents in Charleston

Our attorneys handle premises liability cases involving:

Slip and fall accidents on wet or slippery floors in King Street businesses and restaurants
Trip and fall accidents on Charleston’s historic cobblestone streets, broken sidewalks, and uneven surfaces
Swimming pool accidents at Charleston-area hotels, resorts, and private residences
Dog bite and animal attack injuries on private properties across Charleston County
Negligent security cases — assaults or crimes that occur because a property owner failed to provide adequate lighting or security
Elevator and escalator accidents in Charleston hotels, shopping centers, and office buildings
Falling merchandise or objects in retail stores

Your Legal Status on the Property Matters

In South Carolina, the duty a property owner owes you depends on why you were on the property:

Invitee — you were invited onto the property for business purposes (shopping, dining, visiting a hotel). Property owners owe invitees the highest duty of care: they must actively inspect for and correct hazards.
Licensee — you were on the property with permission for social purposes (a friend’s home). Owners must warn you of known hidden dangers.
Trespasser — you were on the property without permission. Owners generally do not owe a duty of care, with limited exceptions (particularly for children under the attractive nuisance doctrine).

What You Must Prove to Win a Premises Liability Case in South Carolina

To recover compensation, your attorney must typically establish:

The property owner owed you a duty of care
A dangerous condition existed on the property
The owner knew or should have known about the condition
The owner failed to fix the hazard or warn you about it
You suffered injuries as a direct result

What Types of Premises Liability Claims Can We Handle for Our Clients?

South Carolina’s premises liability laws take effect when it’s clear that the unsafe conditions of a property resulted in injury to a visitor. These conditions can range quite a bit, with the following being some of the most common examples of premises liability accident cases we take on:

Slip and fall accidents
Mechanical failures
Negligent security
Obstructed walkways
Poor lighting
Fires
Unsafe construction sites
Falling objects
Swimming pool accidents
Elevator and escalator accidents
Dog bites

These types of premises liability accidents are typically caused by the property owner not resolving unsafe conditions, which could range from wet floors and loose steps to poorly lit parking lots and broken machinery on the property. In short, if you suffered harm in any way at a business or home that someone else owns or operates, you should contact premises liability lawyers to find out if you have a case. Our Charleston premises liability attorneys would be happy to sit down with you and review all the details of what occurred before we advise you on your legal rights, so call our law office today.

How Do You Know If You Have a Strong Premises Liability Claim to Make?

Pursuing compensation after a premises liability accident requires your lawyer to prove a few critical details. The first one is that the property owner had a legal duty of care to ensure their property is safe for visitors. Your premises liability lawyer must then prove that the property owner breached this duty, directly causing your injuries.

It’s important to know that the property owner has a different duty of care depending on the type of visitor you’re considered. South Carolina has four classifications of visitors, including:

Invitees: If the property owner invited you to enter their property and stand to benefit by your presence, you’re an invitee. Examples of invitees include customers at retail stores, restaurants, and hotels, as the property owners can profit from them and therefore owe them the highest duty of care to ensure they don’t get injured while there. This means they must maintain a reasonably safe environment and warn invitees of any known dangers that are not open and obvious
Licensees: If the property owner did not invite you to enter their property for their benefit but did give permission for you to be there, you’re a licensee. Licensees are usually friends or family visiting the property owner’s home for social reasons. The property owner’s duty of care to licensees is less strict than it is to invitees, as they only have to warn you of hazardous conditions, not search the property for potential hidden dangers
Adult trespassers: If you entered the property without permission from the property owner, you’re trespassing and are not owed any duty of care. So, if you’re injured by a wet floor, dog bite, or other dangerous condition while trespassing, you likely don’t have a valid premises liability case. The only exception is if you can provide evidence that the property owner intentionally inflicted injury on you
Children: If your child was harmed on a person’s property, it could be considered a premises liability accident, even if they were trespassing. This is because property owners always owe children a duty of care, as children should be protected from harm regardless of why they’re on the property. According to the attractive nuisance doctrine, property owners have to acknowledge that certain attractions – such as pools and trampolines – might appeal to children and therefore must be properly secured. If they’re not and a child is injured or killed as a result, the negligent property owner could be held liable

Determining which of these categories you or your loved one fall into will be one of the first steps in your Charleston premises liability accident case. Once that step is complete, your premises liability attorney will determine who should be held financially responsible, usually the negligent property owner and their insurance company. At that point, your lawyer will consider the accident’s impact on your life before calculating your compensation. If you’re ready to recover damages by taking legal action, call a Charleston premises liability lawyer today to start your case.

What Damages Can You Seek through a Charleston Premises Liability Case?

If you’re feeling overwhelmed by the medical bills you owe after your premises liability accident in Charleston, it’s time to consider some legal options to ensure the property owner is held accountable for their negligence so you can get financial help. In general, bringing a personal injury claim against the negligent property owner and their insurance company is the most straightforward way to recover damages.

The economic and non-economic damages our Charleston premises liability lawyer will pursue for you include:

Medical bills that cover your hospital stay, surgery, medications, ambulance ride, rehabilitation, and any future medical needs
Property damage that covers repairs or replacements to your damaged belongings
Lost wages
Pain and suffering
Loss of enjoyment of life
Disfigurement
Emotional trauma
Mental anguish
Humiliation

Your claim may allow you to recover additional damages, depending on your actual expenses and the impact the accident had on your life. For instance, if you have not been able to enjoy your hobbies since the accident occurred or will never be able to work again, your lawyer will make sure your settlement offer takes this into consideration. You might also be entitled to punitive damages if the liable party acted recklessly. Call our South Carolina law firm today to learn more about the compensation you can expect.

Frequently Asked Questions — Charleston Premises Liability

How long do I have to file a premises liability lawsuit in Charleston, SC?

Generally three years from the date of the injury under South Carolina’s statute of limitations. However, claims against government-owned properties (such as city sidewalks or public buildings) have shorter notice requirements — sometimes as little as 180 days. Contact an attorney promptly.

What if I slipped on a wet floor but there was a warning sign?

A warning sign does not automatically absolve a property owner of liability. The question is whether the warning was adequate and whether the hazard should have been corrected rather than merely flagged. Our attorneys evaluate all the circumstances to determine whether you have a viable claim.

Can I sue the City of Charleston if I fell on a broken public sidewalk?

Potentially yes, but claims against government entities in South Carolina follow different rules under the South Carolina Tort Claims Act. Notice requirements are stricter and recovery limits may apply. An experienced premises liability attorney can advise you on whether a governmental claim is viable in your situation.

I was injured at a hotel on the Charleston peninsula — can I sue the hotel?

Yes, if the hotel’s negligence caused your injury. Hotels owe a high duty of care to their guests as invitees. Common hotel liability claims involve wet floors, broken furniture, inadequate lighting in parking lots, and pool accidents. We have experience handling claims against both independent and major branded hotel chains.

What if I was partially at fault for the premises liability accident?

You can still recover under South Carolina’s modified comparative negligence rule, as long as you were less than 51% at fault. Your compensation will be reduced proportionally by your share of fault.

About Joel T. Hamilton

Joel T. Hamilton is a Founding Partner of Schiller & Hamilton Injury Lawyers and has dedicated his career to helping individuals and families throughout South Carolina recover compensation after serious accidents and injuries.

Joel earned his bachelor’s degree in Political Science from Winthrop University and his Juris Doctor from Case Western Reserve University School of Law. Since being admitted to practice law in South Carolina, he has represented clients in cases involving motor vehicle accidents, trucking collisions, premises liability, medical malpractice, civil rights violations, and other complex personal injury matters.

In addition to his legal practice, Joel has served in numerous leadership and community roles throughout South Carolina. His combination of courtroom experience, community involvement, and commitment to client advocacy helps injured individuals navigate difficult legal situations with confidence.

Credentials

Juris Doctor, Case Western Reserve University School of Law
Bachelor of Arts, Winthrop University
Licensed to Practice Law in South Carolina
Founding Partner, Schiller & Hamilton Injury Lawyers
Member, South Carolina Bar
Trial Attorney and Personal Injury Advocate

Injured in Charleston? Call Schiller & Hamilton: 803-770-0769 — Free Consultation