Mechanic's Liens & South Carolina Residential Builders
October 1, 2015
Premises Liability: When Personal Injuries Occur On Another’s Property
May 30, 2019
Accidental injuries can happen when you are out running errands, performing daily tasks, or engaging in your favorite activities with friends and family. Unfortunately, even a seemingly minor incident can end up leaving you with serious personal injuries. When they occur on another person’s property, the property owner can be held liable for medical costs, lost wages, or other expenses you incur. Known as premises liability, these types of cases are common. It is important to not downplay their impact when they happen to you or your loved ones.
Common Types Of Premises Liability Accidents
According to the Centers For Disease Control and Prevention (CDC), accidental injuries send close to 30 million people to hospital emergency rooms each year. While we often associate these with collisions involving motor vehicle drivers, bicyclists, and pedestrians, they can easily occur while you are engaged in recreational activities or performing daily tasks.
When injuries occur on another’s property as a direct result of the property owners negligence, the legal theory of premises liability may be involved. This refers to the property owner’s obligation to keep the premises safe and free of hazards. Common types of premises liability accidents include:
Slips, trips, and falls, often caused by wet floors, uneven walkways, and poor lighting
Getting struck by or against objects, such as a falling light fixture of loose shelving
Suffering severe cuts and lacerations, such as by broken glass or exposure to sharp edges
Burns caused by fire, harsh chemicals, or exposed wiring
These often occur in public places, such as stores, restaurants, and office buildings. They can also happen while you are engaged in recreational activities. Accidental drownings at public pools, amusement park mishaps, or even getting bit by a dog at a neighbor’s house are all examples of situations in which premises liability may be involved.
Your Rights In Filing A Claim
Premises liability is a legal theory that refers to the duty of care property owners owe to invited guests. Under Section 27-3-60 of the South Carolina Statutes, when a property owner is grossly negligent in this duty or fails to inform others that dangers exist, they can be held liable for the injuries you suffer. There are two ways in which you may be entitled to compensation:
Through an insurance claim: The property owner’s insurance is likely to cover any accidental injuries caused by the owner’s negligence. However, it is not uncommon for insurers in these cases to attempt to deny or downplay your claim.
Through a premises liability lawsuit: If the insurer denies your claim or does not provide the appropriate settlement, you may be able to file a lawsuit seeking additional types of compensation against the property owner.
Get Legal Help Today
When accidental injuries leave you suffering serious health conditions and major expenses, the Surasky Law Firm, LLC is here to help you get the compensation you need to recover. Call or contact our Aiken personal injury attorney to request a consultation today.