Rock Hill Premises Liability Lawyer
Property owners of all kinds have a legal duty to make sure their premises (buildings and grounds) are reasonably safe for those who may visit. People who slip and fall, trip and fall, or are otherwise injured because a property hazard was not remedied in a timely fashion or made apparent with an adequate warning have a right to compensation for their medical expenses and other losses.
For more than two decades, the dedicated Rock Hill personal injury attorneys of Schiller & Hamilton have helped victims of slip-and-fall accidents, dog bites, and other dangerous conditions recover full and fair compensation for their injuries and financial losses. We are proud to hear from so many friends and families of clients who have recommended us, and we work hard every day to provide services beyond what they expect.
Don’t look to an insurance company to protect your interests if you’ve been injured in a fall or a similar accident on someone else’s property. The insurance adjuster investigating your case is expected to close out your claim as fast and for as little as possible. They are interested in their employer’s bottom line, not your needs.
Contact our Rock Hill premises liability attorneys today for a free consultation. Our law firm won’t charge for our services unless and until we obtain compensation for you.
What Are Property Owners’ Duties?
A premises liability claim charges that you were injured because a property owner failed to meet its responsibility of safety to you when you visited a store, shopping center, office building, restaurant, theater, park, hotel, home, etc. Property owners, often through managers and/or staff, have a duty to:
- Ensure their buildings and grounds are safe for legal visitors
- Inspect their premises with reasonable frequency to identify potential hazards
- Correct or mitigate hazards on their property in a timely manner
- Post warnings or barriers that would sufficiently alert a reasonable person to unsafe conditions that cannot be remedied in a timely manner
If you have been seriously injured in an accident on someone else’s property, don’t sign anything or accept an insurance company payment without talking to our experienced personal injury lawyers about what you truly deserve to be paid.
Our legal team will thoroughly evaluate your losses, calculate everything you are due, and develop a solid claim for compensation. Our local property injury attorneys are skilled negotiators and respected litigators. We will press your case aggressively in negotiations with insurers or present a persuasive case to a judge and jury, if necessary.
Common Causes of Injuries on Unsafe Property
Property hazards come in many forms, but the cause of unsafe conditions, and what makes the property owner potentially liable, is likely one or more of these reasons:
- Negligent maintenance
- Poor lighting
- Poor building construction
- Building code violations
- Negligent design
- Negligent security
If you or a family member has been seriously injured in an accident caused by hazardous conditions on someone else’s property, you should act promptly to exercise your legal rights. Our law firm is committed to pursuing accident and injury cases when we believe our attorneys can make a difference for those who have been unjustly harmed. Schedule a free consultation with our premises liability attorneys in Rock Hill today.
Types of Cases We Handle in Rock Hill
Premises liability is a broad term that includes a variety of accidents and intentional acts. Clients we assist typically have been hurt in such incidents as:
- Slip-and-fall accidents. Accidental falls are leading causes of head and traumatic brain injuries (TBIs); back and spinal cord injuries, including paralysis; broken bones, particularly hip, arm, leg, or ankle fractures; and other serious and costly injuries. There are numerous reasons a person may slip or trip and fall when property owners neglect potential hazards, such as:
- Floors left wet and slippery due to spilled liquids, tracked in rain or snow, recent mopping, etc.
- Store aisles, corridors, or other walkways cluttered with fallen merchandise, left-behind supplies or equipment, discarded trash or debris, etc.
- Flooring, carpet, rugs, mats, paving stones, stair treads, etc., that are uneven or loose
- Parking lots or lawns made hazardous by potholes, small excavations, obscured sprinkler heads, etc.
- Faulty elevators and escalators that start or stop abruptly and/or do not align with the floor when stopping
- Floors and other walkways inherently slippery or uneven because of building materials, design, or construction
- Dog Bites. Thousands of people are injured by dog bites and maulings every year. Children and the elderly are most vulnerable to an attack, but any dog may bite anyone at any time. In addition to serious cuts and bruises from the animal’s bites, victims may be knocked to the ground and suffer serious fall injuries. Dog bite cases are measured on strict liability, which means the property owner may be liable as long as the dog was not provoked. In cases involving young children, provocation may not be a valid defense.
- Swimming pool accidents. Public and private swimming pool owners are subject to local ordinances and regulations meant to ensure users’ safety. Homeowners, local governments, hotels, motels, waterparks, and others can be held liable if their negligence leads to accidents such as drownings, near-drownings, drain entrapment, falls on pool decks, disease or infection from untreated water, exposure to toxic chemicals, etc.
- Assault. Owners of motels, hotels, apartment complexes, offices, and other facilities may be liable if a guest or resident is assaulted or robbed by an intruder allowed access due to negligent security. Stores or other businesses that allow loitering might be held responsible for violence or vandalism that causes injury and/or property damage.
If you have been injured in an accident on someone else’s property, contact our experienced attorneys as soon as possible. We will review your case at no charge and walk you through what to expect in a personal injury claim.
You Can Read Testimonials from Our Happy Clients
We are proud of the many five-star reviews we have on Google. It means a great deal to us that our clients take the time to post these testimonials to help people they do not even know find the right law firm for their case. Here are a few examples of these Google reviews:
- “Jason Burgess with Schiller & Hamilton law firm in Rock Hill, SC is absolutely the BEST!! Great advice and very patient….and the most knowledgeable….didn’t think anyone would give me the time of day after searching for a good attorney who would hear me out but Jason Burgess did! Awesome guy and great attorney! I would recommend him and this firm to anyone! Thank you Jason!” Cindy S.
- “My experience with Schiller & Hamilton Law Firm has been one of care and promptness. Down to recommending Beaver Chiropractic Care. Everyone involved in my case had been so thorough which has made the inconvenience of my accident more easier to endure. Thanks so much for all your help! I would recommend you guys to anyone!” Doreatha R.
- “Outstanding service. Joel, Nicole, Michele, and the rest of the team looked out for my family’s best interests and I was completely comfortable with their process. We achieved a fair and timely resolution for my case.” Steve R.
- “I have been using this Law Firm for over a decade and they are hands down the best there is. They always take the time to listen to your problems and needs and help in the most professional manner. Kevin Phillips has been helping me with my latest case and I can honestly say that without him I would have lost my sanity a couple of months ago. Without him I would still be stuck in a miserable position in which I felt I had no control. He has moved thst along expediently. He doesn’t just “take your case”, he actually cares which to me is just as important. If you ever have a problem, this is the Firm to help you.” Fail W.
We value our clients and care about what happens to them. You can count on getting treated like family when we represent you on your premises liability accident claim.
How Insurers Fight Premises Liability Claims
You can pretty much count on a property owner denying responsibility for your accident. Our investigation of the facts will likely indicate who is really at fault. But there are two standard defenses that raise concerns in premises liability cases:
- Trespassing. Property owners generally do not have legal responsibility for people who are on their property illegally. In cases involving a young child, it may be argued that they did not understand the concept of trespassing.
- An “open and obvious” danger. This supposes that a reasonable person would have recognized the hazard that caused their injury and avoided it. An open pit at a construction site is a standard example of “open and obvious.” However, court rulings in Rock Hill have chipped away at this defense. In some cases, a property owner would expect visitors to be distracted from even an obvious danger, such as during a staged performance or as they came upon an elaborate merchandise display.
Regardless of the circumstances of your accident, our determined lawyers would still like to speak to you about your potential premises liability case so we can help you in any way we can.
Four Things the Insurance Claims Adjuster Does Not Want You to Know
People often say bad things about insurance company claims adjusters, but in reality, they are simply ordinary people doing their job. When you have a premises liability claim, you must understand what the job of a claims adjuster involves.
It is not the duty of a claims adjuster to get you the money you deserve for your injuries.
The claims adjuster is supposed to settle injury claims for as little money as possible so that his employer makes a profit that satisfies the insurance company’s shareholders.
Claims Adjusters Know How Much Compensation a Jury Would Likely Award in a Case Like Yours
Insurance companies can use database information that tells them how much money a jury would likely award in a case similar to yours. You do not have access to a database like that, but personal injury lawyers do.
If you try to handle your premises liability injury claim like a DIY project, you will have to take a wild guess at how much you deserve to receive for your injuries and losses. People who hire attorneys to represent them in their injury claims get the benefit of informed analysis of their case’s value.
Claims Adjusters Are Guided and Advised by Investigators, Underwriters, Supervisors, and Their Lawyers
Still, they might try to talk you into not working with a lawyer. Claims adjusters often talk negatively about personal injury lawyers. Of course, it is easier for a claims adjuster to get away with a lowball settlement offer when the injured person does not have a lawyer working on their claim.
If you want to even the playing field, you can hire our Rock Hill premises liability lawyer to handle your claim. When you do so, your attorney does the heavy lifting and you get to rest and recuperate from your injuries rather than deal with the stress of negotiating with a billion-dollar insurance company.
Negotiating does Not Extend the Lawsuit Filing Deadline
You only have three years to file a lawsuit for personal injury or wrongful death, according to S.C. Ann. §15-3-530. Negotiating with the insurance company does not satisfy the filing deadline. If you miss the filing deadline, also called the statute of limitations, the law will forever bar you from pursuing compensation for your losses.
You do not want to make the mistake of assuming that you can continue negotiating with the insurer after the statute of limitations passes. The claims adjuster will cease communications with you because the at-fault party and the insurance company will have no legal obligation to you at that point.
You Cannot Ask for More Money if You Need Additional Medical Treatment or Are Disabled
Once you enter into a settlement with the at-fault party or their insurance carrier, your claim is over and final. One of the papers you must sign before you receive your settlement check is a waiver that releases the at-fault party and the insurance company from any future claims arising from the premises liability accident. This waiver applies to issues you do not even know about yet.
For this reason, you do not want to accept an early settlement offer before completing your medical treatment and finding out if you have any lingering impairment from your injuries. If the filing deadline is approaching and you have not yet completed all your medical treatment, your lawyer can file a lawsuit to protect your right to compensation.
You Can Easily Afford to Hire Our Rock Hill Premises Liability Lawyer to Handle Your Injury Claim
We handle premises liability injury claims on a contingency-fee basis. This fee arrangement means that you do not pay any upfront legal fees or attorney fees while the case is ongoing. We wait until the end of your claim or lawsuit and then get paid a percentage of the settlement or jury award.
Compensation After a Hazardous Property Accident
It’s a mistake to look to an insurance company to protect your interests if you have been seriously hurt in a slip-and-fall or other type of accident. Claims adjusters know without even speaking to you what will make a settlement seem like just enough to be acceptable – or how they can get away with denying your claim.
However, a personal injury lawyer you have engaged to pursue a claim works with your interests in mind. At Schiller & Hamilton, we only take cases when we believe we can make a real difference in the client’s life, and we do not charge for our services unless we recover compensation.
Depending on the circumstances of your case, we may demand payment for:
- Medical costs (both now and in the future)
- Lost income (including reduced earning capacity in the future)
- Pain and suffering
- Funeral and burial expenses (if a loved one’s accident was fatal)
As your attorneys, there is more we can do to make your life easier after an accident on another person’s property. We can manage insurance company paperwork, advise creditors of an impending claim, help you find specialized medical care, and take other issues off your plate so you can focus on getting well. We treat everyone who comes into our offices like family.
Protecting Rights After an Injury
After being hurt in a dangerous property accident, there are steps you can take to protect your rights to compensation down the road. You or a companion should see to these tasks ASAP and follow our other tips:
- Get medical care. You need to receive appropriate treatment for your injuries, but by visiting a doctor you also start documenting the basis of your claim.
- Report the accident. Get what happened to you on the record. If police responded, they will file a report. Otherwise, contact the property owner or manager and ask to file a report. If they do not have a formal process, write them via email or postal mail describing what happened and when.
- Get names and contact information for witnesses. Our lawyers will contact and interview witnesses to determine what everyone saw and heard at the time of the property accident.
- Take photos of your injuries and the scene. Get photos of the hazard that led to your injury. Write down or record what you remember about the accident and what you were doing just before it happened.
- Be careful what you say. Never admit fault for the accident. Do not discuss your case with friends, family members, or acquaintances. Don’t post anything to social media about your accident, injuries, or a potential legal claim. You never know how your words or photos may be twisted and used against you later by the insurance company.
Contact a Rock Hill Premises Liability Attorney for Help
After being injured in a fall or another accident on someone else’s property, you need to talk to a skilled personal injury attorney about what South Carolina law indicates you may deserve for your losses. When you call or contact our law firm online, we will set up a free consultation to discuss your case. If we see a path forward, our team will immediately launch an investigation to prepare a claim for compensation to you.
Rock Hill has strict limits on how long after an accident you can file a personal injury claim. Don’t delay. We do not charge for our services unless and until we obtain a settlement or jury award for you.
Contact our Rock Hill premises liability lawyers today. We have been helping accident victims in Rock Hill and surrounding communities for more than 20 years. We are here to help you, too.