Getting hurt on someone else’s property can suddenly disrupt an ordinary day. One minute you’re shopping, visiting a friend, or heading into work. Next, you’re dealing with a painful injury, mounting medical bills, and hard questions about who’s responsible. If that’s where you are right now, you don’t have to handle it alone.
West Law Firm Personal Injury Lawyers has served the Lowcountry since 1945. As an experienced team of South Carolina premises liability lawyers, our attorneys help injured individuals in Moncks Corner and throughout Berkeley County hold property owners accountable when unsafe conditions cause harm. Hurt on someone else’s property in Moncks Corner or Berkeley County? Call 843-483-8630 for a free consultation with our team.
What Premises Liability Means in South Carolina
Premises liability is the area of law that holds property owners responsible when unsafe conditions injure individuals who are lawfully on their property. In South Carolina, owners and businesses have a duty to keep their property in reasonably safe condition and to repair or warn about hazards they are aware of or should have discovered through reasonable care.
South Carolina law treats visitors differently depending on why they’re there. Invited guests and paying customers are granted the strongest protection, while the duty owed to social guests can be more limited. Property owners generally owe little duty to trespassers. When an owner ignores its duty to a lawful visitor, and you are hurt, you may have a valid claim for the harm you’ve suffered.
Common Premises Liability Cases Our Attorneys Handle
Unsafe property takes many forms. From grocery stores and shopping centers in Moncks Corner to apartment complexes and restaurants across Berkeley County, dangerous conditions cause injuries daily. Over our decades serving the Lowcountry, we’ve helped clients hurt by hazards that never should have existed.
Common cases include:
– Slip, trip, and fall: Wet floors, spills, uneven walkways, broken stairs, poor lighting, and unmarked hazards
– Negligent maintenance: An element that a business fails to inspect or repair, such as crumbling steps, loose railings, potholes, or broken equipment
– Insufficient security: Injuries from criminal acts that proper lighting, working locks, or reasonable security could have prevented
We also handle falling-object injuries, pool accidents, and other dangerous conditions on residential and commercial property.
What You Have to Prove in a Premises Liability Claim
Not every injury on someone’s property leads to a successful claim. To recover compensation, you generally have to show four things, and our attorneys build your case around each one:
– Duty: The owner owed you a duty to keep the property reasonably safe.
– Breach: They failed to meet that duty by allowing a dangerous condition.
– Causation: That condition actually caused your injury.
– Damages: You suffered real harm, such as medical bills, lost income, or pain and suffering.
Typically, the hardest part is proving the owner knew or should have known about the hazard and didn’t fix it. We gather evidence, such as incident reports, maintenance records, surveillance footage, and witness statements, to show what really happened and who’s at fault.
Compensation You May Be Able to Recover
When another party’s negligence causes your injury, South Carolina law allows you to seek compensation for the full impact on your life. Depending on your situation, that may include:
– Current and future medical bills
– Lost wages and reduced earning ability
– Pain and suffering and emotional distress
– Costs of rehabilitation or long-term care
Each case varies, with its value determined by the severity of your injuries and their impact on your daily life. Our attorneys thoroughly document all losses to ensure the insurance company recognizes the full extent of what you’ve experienced.
South Carolina’s Fault and Filing Rules
Two South Carolina rules can make or break a premises liability claim, and insurance companies know it well.
Modified comparative negligence
South Carolina uses a modified comparative negligence model. You can still recover compensation as long as you’re not more than 50% at fault. Under the 51% bar rule, you may not recover damages if you’re assigned 51% or more of the fault. When you do recover, the amount is reduced by your share of the negligence. If your damages total $100K and you’re found 20% at fault, you’d recover $80K. Property owners often try to shift some of the blame onto you to reduce or eliminate your recovery, which is exactly why having our attorneys on your side matters.
The three-year filing deadline
Under South Carolina law, you generally have three years to bring an action for injury to the person under S.C. Code Ann. § 15-3-530. Miss that deadline and you can lose your right to recover anything. Evidence fades quickly, so the sooner you call, the more we can do to protect your claim.
Why Injured People in Berkeley County Trust West Law Firm Personal Injury Lawyers
For nearly 80 years, our family-owned firm has stood up for people across the Lowcountry. Serving the Lowcountry since 1945 is more than a tagline for us. It reflects generations of building relationships and earning trust in the communities we call home.
When you work with us, you receive attorneys who know South Carolina law, know the local courts, and treat you like a neighbor, not a number. We handle the investigation, the paperwork, and the back-and-forth with insurance companies so you can focus on healing. Wherever you are in the region, experienced help is close to home.
Frequently Asked Questions
Do I need a lawyer for my premises liability case?
You’re not required to hire one, but these cases are tough to handle on your own. Property owners and their insurers have lawyers working to limit what they pay. Our attorneys level the playing field by proving fault, fully valuing your claim, and pushing for fair compensation. The best way to find out whether you need a lawyer for your premises liability case is to ask us during a free consultation.
How much does it cost to get started?
Your first consultation is completely free, with no obligation and no pressure. Additionally, you pay no attorney’s fee unless we recover compensation for you.
What should I do after getting hurt on someone’s property?
Receive medical care first, then report the incident to the property owner or manager and ask for a copy of any report. If you can, take photos of the hazard and collect the names of any witnesses. Then, call us before giving a statement to an insurance company.
Contact a Moncks Corner Premises Liability Lawyer Today
You didn’t ask to be injured on someone else’s property, and you shouldn’t have to carry the cost of their carelessness. Let our team review what happened, explain your rights, and lay out your options, all free of charge.
Hurt on someone else’s property in Moncks Corner or Berkeley County? Call 843-483-8630 for a free consultation with West Law Firm Personal Injury Lawyers. As the personal injury attorney Moncks Corner and Berkeley County families have trusted since 1945, we’re ready to help. You can reach any of our three Lowcountry offices:
– Moncks Corner (Berkeley County): 207 Carolina Avenue, Moncks Corner, SC, 29461, 843-483-8630
– Beaufort: 711 Bladen St, Suite 308, Beaufort, SC, 29902, 843-483-8630
– Summerville: 207 W Richardson Ave, Summerville, SC, 29483, 843-483-8630