When you visit a private or public property you have a certain expectation of safety. Unfortunately, not every property owner out there is the best at keeping up with maintenance and some property owners may even ignore hazards which can lead to a painful accident.
So what happens if you’re injured in a premises accident? What do you even do? Are you responsible for covering your damages like medical costs? Understanding premises liability in museum accidents or on any other type of property is key if you want to recover compensation.
South Carolina Property Owners Responsibilities
All property owners in South Carolina owe visitors a duty of care and this means they must ensure their property is free of any known hazards, along with ones they should be aware of.
An example is ignoring broken glass on the ground or an unevenly paved walkway. The duties of all South Carolina property owners under the state’s premises liability laws are as follows:
- Regular inspections and maintenance: Property owners should regularly inspect their property to identify any potential hazards and promptly address them.
- Warning visitors of potential dangers: If a property owner is aware of a hazard that they cannot immediately fix they are responsible for informing visitors and taking steps to prevent injuries, such as posting warning signs or cordoning off the unsafe area.
- Ensuring adequate security measures: Property owners should implement appropriate security measures to prevent potential harm to visitors such as installing locks, lighting, and surveillance systems and addressing any criminal activity that may put visitors at risk.
If the premises owner ignores their above-listed duties and someone suffers an injury, there’s a good chance the property owner is liable for any resulting damages.
Who Is Eligible for Filing a Premises Liability Claim
Like most other states, South Carolina premises liability laws recognize three types of visitors to a property. This classification applies whether it’s private property or a public space like a museum:
- Invitees. These are individuals who have the owner’s permission to be on the property. Think of them as invited guests. On residential properties, invitees can be someone coming over for dinner. Invitees also apply to public spaces like a customer coming into a retail store.
- Licensees. These are also invited individuals but they’re on the premises for a specific reason. If you’re running a business out of your home, a licensee can be a client or someone coming over to fix your Wi-Fi connection. This also applies to commercial properties like museums and retail stores.
The other classification recognized by South Carolina premises liability laws is trespassers. You don’t owe uninvited or unwanted visitors the same duty of care as the two other classifications. However, this also doesn’t mean you can skip your property maintenance chores.
If a trespasser is injured in an accident caused by a known hazard on your property, you may still be liable for their damages. In other words, it’s best to always ensure your property is free from any potential hazards.
Steps for Filing a Premises Liability Claim
If a property owner doesn’t remove all known hazards and this causes your accident, you may be able to recover compensation by filing a premises liability claim. Since premises liability falls under the guidance of personal injury law, the steps you take are almost the same as if you’re in a car accident.
Report the Accident
Instead of reporting the accident to the authorities, although you can make an official police report if you feel it’s necessary, you contact the property owner or manager. Give them some details about how the accident occurred and your subsequent injuries. For now, keep the details brief. You can go into detail when you’re ready to file a premises liability claim.
The reason you’re contacting the property owner/manager instead of the authorities is who you’re filing the claim with. Typically, premises liability claims are settled by the property owner’s insurance provider. So a homeowner’s insurance provider typically takes care of damages suffered on private property. Business insurance usually handles premises liability claims in public spaces.
Get Medical Treatment
Even if your injuries are minor, you should still plan on making an appointment with a healthcare provider. You may have internal injuries and these aren’t always apparent. Sometimes, it takes a few days or weeks for these types of injuries to start displaying signs and symptoms.
You’re also going to need your medical records if your claim lists any injuries. Besides, you always want to be proactive about your health, especially after being in an accident.
Document the Accident Scene
Even if the property owner is a family member or your best friend, this isn’t true for your relationship with their insurance company. The insurance adjuster not only wants to review plenty of evidence, but they’re also looking for ways to reduce your claim’s overall value.
Taking the time to document your accident scene can go a long way toward supporting your premises liability claim.
So, what should you document? Try to take pictures of any visible injuries. If the hazard is visible like a tree branch, broken glass, or hole in the yard, take some pictures. Don’t worry about interviewing any witnesses or the property owner/manager. Leave this to your premises liability attorney and the insurance adjuster.
Calculate Your Damages and Gather Supporting Evidence
The damages you list on your premises liability claim depend on the losses you experience. Chances are, you’re going to include medical expenses. Your claim may also list property damage and lost income. These are your economic damages. Your claim may also include non-economic damages like mental anguish, pain, and suffering.
You will need to submit supporting documentation for your economic damages. This usually includes medical records, bills, and receipts. You may not need to worry about supporting your non-economic losses since these damages are intangible. If the insurance adjuster asks for proof, expert medical testimony is usually enough to satisfy the insurance company.
Partner with an Experienced Premises Liability Attorney
Navigating a premises liability claim can be challenging regardless of where the accident occurs. But thankfully working with an experienced accident attorney can help simplify the process and ensure you can receive fair compensation for your damages and any suffering you may have experienced.
