Did you know that property owners can be held legally responsible if you’re injured on their property due to unsafe conditions? Whether you’re a customer in a store, a guest at someone’s home, or even a passerby, South Carolina law may entitle you to compensation under premises liability—a legal concept that many people misunderstand until it’s too late.
In this guide, we’ll break down what premises liability means, how it applies to different types of visitors, and what factors determine if a property owner is at fault. If you’ve been injured on someone else’s property, it’s important to understand your rights—and when to contact a personal injury attorney in Orangeburg, SC like Bill Connor, who has a proven track record of helping injured clients get the justice they deserve.
What Is Premises Liability?
Premises liability is a type of personal injury law that holds property owners and occupiers legally responsible for accidents and injuries that occur due to unsafe or hazardous conditions on their property.
Common Examples of Premises Liability Cases Include:
- Slip and fall accidents in stores or restaurants
- Trip and fall incidents due to cracked sidewalks or loose carpeting
- Injuries from falling objects on commercial properties
- Dog bites or animal attacks
- Accidents at swimming pools or playgrounds
- Injuries due to negligent security at apartments, hotels, or public events
At the heart of a premises liability claim is negligence—meaning the property owner failed to exercise reasonable care to maintain a safe environment, and that failure resulted in someone else’s injury.
Property Owner Responsibilities Under South Carolina Law
Property owners in South Carolina—and most states—have a legal duty to keep their property safe for visitors, though the degree of responsibility varies depending on who the visitor is. This legal obligation includes:
- Regularly inspecting the premises for hazards
- Promptly repairing dangerous conditions, such as broken stairs or spills
- Clearly warning guests of known hazards if they cannot be fixed immediately
- Using barriers or signage when necessary to prevent injury
Types of Visitors and the Duty of Care Owed:
Understanding your status on the property is key to determining the property owner’s level of responsibility:
Invitees
These are people invited for a business purpose, such as shoppers in a store or clients in an office.
- Highest level of care owed
- Property owners must inspect, maintain, and fix hazards proactively
- Most slip and fall lawsuits involve invitees
Licensees
These are social guests who enter the property with permission but not for commercial reasons.
- Property owners must warn of known dangers that are not obvious
- No duty to inspect for unknown dangers
Trespassers
These are individuals who enter without permission.
- Minimal duty of care is owed
- However, property owners must not intentionally harm trespassers
- Special rules apply for child trespassers under the attractive nuisance doctrine (e.g., unsecured pools)
What Must Be Proven in a Premises Liability Claim?
To succeed in a premises liability claim, the injured person (the plaintiff) must prove four essential elements of negligence:
1. Duty of Care
There must be a legal obligation by the property owner to maintain a safe environment for the injured person, based on their visitor status.
2. Breach of Duty
The owner failed to take reasonable steps to prevent or fix a dangerous condition.
Examples:
- Failing to clean up a spill
- Ignoring broken handrails
- Not warning guests of an ongoing hazard
3. Proximate Causation
The hazardous condition directly led to the injury.
- There must be a clear link between the unsafe condition and the harm suffered.
4. Damages
The injury resulted in real, measurable harm, such as:
- Medical bills
- Lost income
- Physical therapy
- Pain and suffering
- Emotional distress
Each of these elements must be proven with documentation and, ideally, legal guidance. That’s where an experienced attorney like Bill Connor steps in—to gather evidence, handle negotiations, and protect your interests throughout the process.
Defenses Property Owners Might Use (and How to Counter Them)
Not all premises liability cases are straightforward. Property owners—and their insurance companies—may try to deny fault or claim that the injured party was partially to blame.
Common Defenses:
- Open and Obvious Hazard: Claiming the hazard was visible and could have been avoided.
- Comparative Negligence: Alleging that you were partially or fully responsible (e.g., you were texting while walking).
- No Prior Knowledge: Arguing they didn’t know—and couldn’t have known—about the hazard in time to fix it.
How a Personal Injury Attorney Can Help:
Bill Connor knows how to gather time-sensitive evidence, such as security footage, employee testimony, maintenance logs, and medical documentation to prove negligence. In South Carolina, the comparative negligence rule allows you to recover damages even if you were partially at fault—as long as you’re less than 51% responsible.
Don’t let an insurance adjuster downplay your injury. You need someone who knows the law and knows how to fight back.
Injured on Someone Else’s Property? Here’s What to Do Next
If you or a loved one have been hurt on someone else’s property, don’t wait to take action. Here’s a quick checklist to protect your claim:
Immediate Steps to Take:
- Get medical attention right away
- Report the incident to the property owner or manager
- Take photos or videos of the scene
- Gather contact info of any witnesses
Keep all receipts, medical bills, and documents
Legal Steps to Protect Your Rights:
- Avoid speaking to insurance adjusters without legal counsel
- Don’t post about the incident on social media
- Contact a premises liability attorney—the sooner, the better
Final Thoughts: Know Your Rights, Protect Your Future
Premises liability laws are designed to protect the public from avoidable hazards. Property owners have a legal responsibility to keep visitors safe—and when they fail to do so, injured individuals have every right to seek justice and compensation.
With years of litigation experience and a track record of success, Attorney Bill Connor, based in Orangeburg, SC, is here to help. If you’ve been injured due to an unsafe condition on someone else’s property, don’t try to handle it alone. Bill will help you understand your rights, build your case, and pursue full compensation—so you can focus on healing.