What Elements of Negligence Must Be Proven in a Premises Liability Case?

To recover damages through a premises liability claim, the victim must demonstrate that the property owner’s negligence led to the injuries they sustained. This involves proving four elements.

Our team at Bell Legal Group understands how to establish the four elements of negligence in a premises liability case:

• The defendant owed the plaintiff a duty of care. Property owners typically owe a legal duty of care to customers or invited visitors to their property. This means if you enter a store during usual business hours, the store most likely owes you a duty of care. Similarly, if you enter a residential home after being invited, the homeowner most likely owes you a duty of care. Trespassers are not generally owed a duty of care.
• The defendant breached the duty of care. A property owner can breach their duty of care by failing to reasonably address a safety hazard they knew or reasonably should have known about. For example, a store owner should monitor their premises for spills and take prompt steps to clean them up (or place warning signage) as soon as they are discovered.
• This breach resulted in the accident. The safety hazard that the defendant knew or should have known about must have caused the accident.
• The plaintiff sustained damages because of the accident. The victim must sustain harm in the accident. If someone slips and falls but suffers no injuries or other losses, for example, they do not have a case.

What Damages Can I Recover in a Premises Liability Case?

In South Carolina, an individual who has been injured on another party's property due to negligence must file a premises liability claim within three years of the date of the incident. This three-year statute of limitations applies to all premises liability claims, including those involving slip and fall accidents, inadequate security, animal attacks, and other injuries caused by unsafe conditions. However, if your claim names a government entity as the defendant, you only have two years from the date of the incident to file your lawsuit. These deadline are strictly enforced, meaning you will be unable to recover any damages if you do not start the legal process in time.

Our South Carolina premises liability lawyers will fight to obtain compensation for all economic and non-economic losses, including:

• Medical expenses
• Lost wages
• Reduced earning potential
• Property damage
• Loss of enjoyment of life
• Loss of consortium
• Pain and suffering

We can help you pursue damages even if you may have been partially responsible for your injuries, so do not hesitate to call (843) 396-1777 or contact us online to start discussing your legal options.