Hilton Head SC Attorney
For Hilton Head Island, Bluffton, & Beaufort South Carolina (SC) Area
Premises liability is a term that serves as an umbrella for a plethora of legal proceedings such as those relating to structural design flaws, unsafe conditions, environmental hazards, improper traffic patterns among other circumstances. Premises liability is used to describe the legal responsibility that a landowner and occupiers of a property encompass for injuries and accidents that happen to occur on their property.
Claims of premise liability can include:
The context of the law regarding premises liability is very specific when referencing a person who "possesses" land:
- The person is in occupation of the land with intent to control it;
- The person has been in occupation of land with intent to control it, if no other person has subsequently occupied it with intent to control it; or
- The person is entitled to immediate occupation of the land, if no other person is in possession as just defined.
In premises liability cases, it is critical to determine the legal status of visitors. Generally, three categories are used including:
- Invitee: A business guest or someone who enters property held open to members of the public, such as a visitor to a museum. Property owners must protect invitees from dangers on the property.
Generally, a possessor has a duty to use ordinary care to warn or otherwise protect an invitee from risks of harm from a condition on the possessor's premises if the risk of harm is unreasonable and the possessor knows or in the exercise of ordinary care should know of the condition, and should realize that it involves an unreasonable risk of harm to an invitee.
- Licensee: Individual permitted to enter property with the permission of the owner or the person who controls the property. There is no mutual profit motive; the licensee comes onto the property for his or her sole benefit.
Typically, a possessor of premises is liable for physical harm caused to a licensee by a condition on the premises if, but only if, the plaintiff establishes the following three elements: the possessor knew or should have known of the condition, should have realized that it involved an unreasonable risk of harm to the licensee, and should have expected that the licensee would not discover or realize the danger; the possessor failed to exercise reasonable care to make the condition safe, or to warn the licensee of the condition and the risk involved; and the licensee did not know or have reason to know of the condition and the risk involved.
- Trespasser: Person who enters property without the right to do so. For liability purposes, it has been held that property owners are not responsible for trespassers as long as they do not intentionally trap or injure them.
Where premises owners are not aware of the presence of trespassers, they typically have no duty to warn a trespasser of any dangers or to make their premises safe for the benefit of a trespasser.
There are other factors that necessitate consideration when evaluating premises liability.
- Has a land owner made a reasonable effort to provide his guests safety?
- Have obstacles and hazards been cleaned up in a reasonable manner?
- Have guests been adequately warned that a hazard exists?
- Did the owner know a hazard existed and then failed to remedy the situation?
Consider hiring an attorney experienced in personal injury cases
When considering filing a premises liability claim action should be taken in a timely manner; you need to safeguard and preserve critical evidence on the case and there may be statues of limitations limiting the time you have to file a claim. If you believe a property owner’s negligence has contributed to an injury you received, then contacting Kiker Law Firm should be a priority.
We, at Kiker Law Firm have witnessed the pain premises liability cases can bring and are profoundly dedicated to assisting the victims affected by these injuries. Making the decision of who should represent you is one of the most significant decisions that you may ever make and the Kiker Law Firm have experienced attorneys and will help you through the claim process. If you or a loved one has been injured on another’s property, or if a family member has died as a result of an injury occurring on another’s property, you may be entitled to compensation.
Dedicated to the Client
Premise liability matters are highly technical and specialized fields. The attorneys at Kiker Law Firm have extensive experience in pursuing these cases. We understand what you're up against and also know that many damages do not appear serious at first but that they may, in fact, plague someone for life. Our staff can aggressively pursue full compensation for all your injuries – including present and future. A premises liability lawyer can fully explain your state’s laws. It’s important to speak with a premises liability lawyer near you who can inform you of your rights.
We offer a free consultation and evaluation of your case. Simply complete a free consultation form online or call us at 843-842-7300. We'd be happy to meet with you and help you make an informed decision regarding your accident and injury claim.
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