Premises Liability Explained

Summer is a busy time for many South Carolinians, with families shunning schedules to enjoy spontaneous fun. Whether they’re dashing through sprinklers or driving to the beach, folks are on the move. Emergency rooms experience the same boost in activity, coinciding with the increase in time spent outdoors.

While accidents are, by definition, accidental, someone is often to blame for setting the scene. If you’ve been injured on someone else’s property because they failed to maintain it, West Law Firm can help.

Our Berkeley County-based team has extensive experience handling premises liability cases – and holding property owners accountable. We’ve pooled our knowledge to explain the basics here.

Types of Premises Liability Cases

Premises liability plays into many personal injury cases when the injury was a direct result of unsafe conditions on someone’s property. Common types of premises liability cases include:

  • Slip and fall injuries
  • Swimming pool accidents
  • Insufficient building security
  • Amusement park accidents
  • Defective equipment
  • Elevator/escalator accidents
  • Dog bites
  • Fires

These real-world examples highlight the owner’s failure to maintain their property, turning a fun summer day into a disaster:

  •  Swimmer slips in the locker room at the county pool in the absence of a “Wet Floor” sign
  • Child gets hurt while playing on a defective piece of playground equipment
  • Shopper is injured by a falling store display
  • Amusement park visitor leaves in an ambulance when a ride malfunctions

In each of these cases, the property owner was responsible for providing a safe, clean environment – and failed. This standard that property owners are expected to uphold is called the duty of care.

Keep in mind that this only applies to people invited or given permission to enter the property. The duty of care does not extend to those on the property illegally.

What to Do If You’re Hurt on Someone Else’s Property

After your accident, follow these steps:

1.    Get medical attention.

Your first priority should be getting the medical care you need. Even if you don’t require immediate treatment, be sure to see your doctor as soon as possible. What seems like a minor injury could become a major problem if left untreated.

2.    Document the scene.

Take photos or videos of your accident scene. Note the date and time and list any factors that contributed to your accident. If there are any witnesses willing to give a statement, get their contact information. You can even record their account of the accident on your phone.

3.    Report your accident.

Let the property owner know about your accident and request to file an official report. Contact an experienced premises liability attorney first to ensure that your statement cannot be misconstrued. Filing a report on your own could cost you the compensation you deserve.


While South Carolina gives accident victims up to 3 years to report their injury, it’s best to contact West Law Firm as soon as possible.

Berkeley County Premises Liability Attorneys

If your summer takes an unexpected turn, West Law Firm can help. Our team will stick with you through the entire process, advocating for your rights every step of the way.

To learn more about our experience handling premises liability cases in South Carolina or to schedule your free consultation at our Moncks Corner office, call 843-761-5626 or click here.

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