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Premises liability is a property owner’s duty to take reasonable steps to ensure the safety of their visitors and the legal responsibility imposed if someone is injured as a result of their negligence. A premises liability claim can arise from a wide range of incidents, including injuries sustained from slip and falls, tripping accidents, animal attacks, pool incidents, or defective stairways, and involve private or public land.
If you were hurt on another person’s land and think that the property owner may be responsible, you can get in touch with a Fort Mill premises liability lawyer. A knowledgeable personal injury attorney can review your situation to determine whether you may have legal standing to file a claim for damages.
What is the Deadline to File a Claim in Fort Mill?
Any claim for damages must be brought within three years of the incident when a person is injured on someone’s property, according to the South Carolina Code of Laws § 15-3-530. An individual who sustains injuries in a premises liability accident must adhere to the statutory deadline. If they do not file a civil claim by the third anniversary of the incident, they lose their eligibility to pursue compensation for their injuries.
A seasoned premises liability lawyer in Fort Mill can help an individual who is injured by a property owner’s negligence understand the deadline for their particular case and file their claim before the cutoff point.
Common Premises Liability Injuries
The injuries attached to a premises liability claim depend on the underlying accident. For example, if someone’s vicious dog injures a person, he or she could suffer wounds, broken bones, nerve damage, and muscle injuries. In premises liability claims involving slip and fall or tripping incidents, back injuries, head injuries, and knee injuries are common.
A Fort Mill attorney could help ensure someone’s premises liability injuries are fully accounted for in demand for settlement sent to the property owner’s insurance company. The injured individual could recover the value of their tangible losses resulting from the accident, such as lost wages and medical bills and intangible damages, including pain, suffering, and emotional distress.
What are the Different Categories of Visitors in a Property Injury Claim?
If a property owner is to be held liable for injury on their property, there needs to be a direct correlation between the owner’s negligence and the harm sustained. Property owners owe specific duties of care to visitors on their land. If an owner violates their duty, and a visitor is injured, the owner can be held legally liable for damages.
South Carolina law recognizes three main categories of visitors: invitees, licensees, and trespassers.
Trespassers
Trespassers are persons who enter the premises and do not have the owner’s consent to do so. The only legal obligation a property owner has to a trespasser is to avoid deliberately harming them.
Invitee
In the case of an invitee, such as a diner at a restaurant establishment, the owner must take reasonable measures to keep the premises free from hazards. The owner should also let invitees know about unapparent hazards that could harm them.
Licensee
A licensee, such as a family guest, also has the owner’s permission to be on the premises. If a property owner is aware of a hazard on their land that could pose a threat to a licensee, the owner needs to inform the licensee of said hazard.
A property owner may not be legally liable if they did not know about the hazard or a risk existed, but it was apparent and reasonably avoidable by the invitee or licensee.
Call a Fort Mill Premises Liability Attorney
If you have questions about starting a premises liability claim, you may want to talk with a Fort Mill premises liability lawyer. If a property owner’s negligence injured you, an attorney might be able to help you file a lawsuit to recover your damages. Call the legal team at Schiller & Hamilton today to schedule your consultation.