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All property owners have a responsibility to maintain their land in a way that is safe for visitors. While this may seem like a simple concept, filing a personal injury claim against property owners who failed to maintain a safe environment for their guests could prove to be complex.
In general, if you are injured while visiting another’s land, you may have the right to compensation. However, the case may examine both the actions taken by the landowner and your own motivations for entering the land in determining liability. This complex analysis can frustrate and confuse many unrepresented plaintiffs.
Fortunately, a Rock Hill slip and fall lawyer could help. They could work to explain the relevant premises liability laws that control trip and spill cases, clarify your legal rights, and build a case that a landowner was responsible for your injuries.
Obligations of Landowners in Rock Hill
Slips and falls are just one example of injuries that fall under the umbrella of premises liability. The law states that all property owners have a responsibility to protect visitors on their land. However, the amount of protection that a landowner owes depends on the visitor’s reason for entering the property. The law creates three classes of visitors—invitees, licensees, and trespassers.
Invitees
Invitees are people who enter land for a business purpose, such as a shopper in a grocery store. Landowners owe invitees the greatest level of protection and must keep the guest safe from all hazards, both those that they know about and those that the landowner should know about.
Licensees
Licensees enter private property for a social purpose, such as guests at a barbecue. Here, the property owner must protect visitors from all known hazards.
Trespassers
A trespasser is anyone who enters land without the owner’s permission or those who overstay a welcome. Landowners must refrain from causing intentional or wanton harm to trespassers.
A Rock Hill slip and fall attorney could help plaintiffs understand their classification under the premises liability laws. They then work to evaluate the actions of landowners to determine if they violated their duty to keep the injured person safe.
Common Types of Slipping Injuries
Whether a person slips in a puddle of spilled liquid in a grocery store or on an icy sidewalk outside a restaurant, falling injuries can be severe. In addition to broken bones and lacerations, the individual may experience long-term injuries that require months or years of intensive medical care.
For example, an accident victim could hit their head during the fall. This blunt force trauma can lead to a concussion or another type of brain injury. Anyone involved in a slip and fall could also suffer a severe back, hip, or neck injury. Depending on whether the spinal cord is damaged in the fall, they might even experience mobility loss.
Whenever a preventable accident results in severe injuries, it is crucial to talk to a lawyer about taking legal action. A dedicated attorney who focuses on slip and fall cases can help injured parties seek compensation for all their damages.
Limitations on Trip and Fall Cases
The law states that at-fault defendants are responsible for providing compensation for a plaintiff’s losses. However, many instances are not solely the fault of the landowner. Sometimes, a plaintiff shares blame for the accident. The state utilizes the concept of modified comparative negligence to assign blame in these situations.
Can Partial Fault Negatively Impact a Case?
According to Nelson vs. Concrete Supply Co. 303 S.C. 243, 399 S.E.2d 783 (1991), a jury in these cases will apportion blame for the accident to all parties. If the plaintiff is more than 50 percent at fault, they cannot recover any compensation. Similarly, the plaintiff’s percentage of responsibility limits their recovery. For example, a plaintiff 25 percent at fault in a $10,000 claim can receive only $7,500.
What is the Statute of Limitations in Rock Hill?
Another limiting factor in these cases is time. The state’s statute of limitations, contained in South Carolina Code §15-3-530, states that plaintiffs have only three years from the date of the accident to file a case. A Rock Hill slip and fall lawyer could help pursue cases on time and convince juries that a defendant is completely at-fault for the incident.
Let a Rock Hill Slip and Fall Attorney Help
Slips and falls are a leading cause of personal injuries in Rock Hill. Something as simple as a shop owner who fails to clean a spill or a homeowner with loose carpeting could cause a life-changing injury. These injuries can be surprisingly harsh, with many victims requiring extensive medical care and missing significant time at work.
A Rock Hill slip and fall lawyer at Schiller & Hamilton could help you pursue the compensation you need to make things right. This includes determining your rights as a visitor and evaluating the steps taken by the defendant that may have caused your injury. Get in touch with a dedicated attorney today to discuss your case.