ESPANOL
You can sue someone if you hurt yourself on their private property in South Carolina. However, you must have been legally allowed to be on the premises at the time of your injury.
Property owners have a duty of care to promote the safety of invitees and licensees while on the premises. However, S.C. Ann. § 15-82-10 states that trespassers are not protected if they get injured.
How to Have a Successful Premises Liability Case
For your case to be successful, you will need to prove that the property owner was negligent. You will need to provide evidence that proves your visitor status and sheds light on how you were injured.
Some pieces of information could include:
- Your employment records, if you were on the premises for work or solicitation purposes
- Cell phone records, if you had text conversations with the owner where they invited you onto the property
- Photos or videos of the accident scene and your injuries
- Medical records, receipts, doctor’s testimonies, and insurance communication
- Eyewitness testimony
- Your written testimony
- Records of past complaints about the hazard which injured you, if available
A premises liability lawyer can help you compile evidence such as those listed above.
What to Do After an Accident on Someone Else’s Property
The first thing you should do after you injure yourself is report the accident to the proper authority, which could be the property manager or owner. Depending on the circumstances, you may want to speak to the police to make sure the incident is recorded. If you are able, take photos of the accident scene (including the hazard) and your injuries.
As soon as you are able, you should seek medical attention. Even if you think that your injuries are minor, you should still meet with a medical professional. Be sure to inform them of how you got injured and keep all documents relating to the treatment of your injuries. The details of your medical report (and the doctor’s potential testimony) can be used later on to support your claim.
Finally, do not accept an offer from the insurance company without first understanding the extent and value of your losses. If you accept an offer from the insurer, your case is over, even if you incur additional accident-related expenses in the future.
A Premises Liability Lawyer Can Prove Negligence in Your Case
If the insurance company is continuously offering you low settlements or deflects responsibility, consider how legal representation can help you. A lawyer can help you pursue damages. They can handle many of the obstacles that are present in filing a lawsuit.
For your case to be successful, a premises liability lawyer must show negligence on the part of the property owner. They must prove:
- Duty of care. We must show that the party liable for your losses had an obligation to promote the safety of lawful visitors.
- Breach of duty of care. Your legal team must establish that the liable party knew (or should have known) about a potential hazard yet failed to fix it.
- Causation. We must prove that because the liable party failed to address a hazard on their private property, you suffered an accident in which you were injured.
- Damages. You must have quantifiable damages stemming from the incident. This could come in the form of medical bills and lost wages.
Your lawyer can also help you:
- Seek and analyze evidence
- File all paperwork with the appropriate parties
- Interview eyewitnesses
- Determine fault and liability
- Consult with third-party field experts
- Keep you up to date at every stage of your case
- Answer all of your questions
- Inform you of your options
- Protect your rights
Your lawyer may be able to help you in ways that we have not included here.
Take the First Step Toward Justice Today
Speak to a team member from George Sink, P.A. Injury Lawyers during a free case review. Call us or fill out our online form today to learn more about how you can sue someone if you hurt yourself on their private property in South Carolina.
When you call us today, we can explain your legal options. Our goal is to hold the negligent party in your case financially responsible for your losses. Let our team fight for you. We are ready to represent you at trial.