ESPANOL
If you suffer an injury on public property, the city may be held liable in South Carolina. The party in charge of maintaining the property could be responsible for keeping most people safe.
Under the South Carolina Code of Laws §15-82-10, trespassers are not protected under any duty of care. However, a property owner has a duty to keep invitees and licensees safe from harm. A premises liability lawyer can help you understand your rights.
In What Situations Can I Sue a City for Damages?
There are numerous situations where you can pursue damages from a city or municipality if you were injured on its property. For example, If you fell on a cracked sidewalk, the city might be responsible for paying for your losses. The municipal organization in charge of keeping the sidewalk in good, working order may be held liable.
If they are a municipality under the jurisdiction of the city, the city may then be vicariously liable for your injuries. You may be able to file a lawsuit against the city if:
- You suffered in an accident while riding a city bus
- You were hit as a pedestrian due to a city-sponsored construction project that did not provide or utilize proper safety precautions, such as a city employee directing traffic flow
- The city failed to post a warning sign for a non-obvious hazard that caused you injury
- An electrical pole malfunctioned or fell onto your vehicle
Even if your accident is not described above, you might still be able to pursue damages.
Seek Medical Care After an Accident on City Property
Even if you feel fine after your accident, it is important to seek out medical treatment. The record of your appointment with the doctor or nurse who treats you can be important in connecting your injuries to the accident. You also may be injured without knowing it.
The Centers for Disease Control and Prevention (CDC) reports that about 20% of falls lead to a serious injury, such as a concussion or bone fracture. Traumatic brain injuries (TBIs) can result in headaches, vertigo, sleeping more than usual, or difficulty communicating verbally. These symptoms can easily be brushed off by a victim or their family as a result of shock or a minor injury like a minor concussion.
If you suffered a TBI, you might need lifelong care. If you address your TBI before serious symptoms develop, you might be able to recover in a short amount of time. Either way, you may be able to seek coverage or repayment for your medical costs.
You May Be Able to Pursue Compensation
If you can prove that the city is responsible for keeping you safe, you may be able to secure a settlement that may include costs to cover your:
- Emergency medical care
- Follow-up medical and psychological care
- Pain and suffering
- Loss of enjoyment of life
- Lost wages while you spent time recovering
- Loss of future earning capacity if your injuries prevent you from working
- Wrongful death
- Loss of consortium
- Loss of guidance
How a Law Firm May Be Able to Help You
A law firm representative can discuss all specific legal issues related to your case and can answer any questions you may have. A legal team could:
- Seek and analyze all related evidence that supports your claim
- Recruit expert witnesses to verify the accuracy of your testimony
- Depose and interview eyewitnesses to the accident
- Keep you updated throughout your case
- Negotiate with insurance companies so that you do not have to do so
- File all paperwork and forms required
- Represent your interests at trial if the opportunity arises
- Protect your legal rights
How to File a Lawsuit Against the City
If you are able to seek compensation against a South Carolina city, you must begin by informing the city in writing. When you write the notice, you may have to state how much you are seeking in your notice. So, you may have to put a value on your damages before taking action.
You can calculate your damages by adding up all the monetary losses you sustained as a result of the accident. Then, you must estimate the value for all your non-economic losses, such as pain and suffering. You have the right to seek legal counsel to help you with this, as many people do not know what a fair estimate might be.
Determining Liability Can Be Difficult in Cases Like This
If your child slipped at a public pool while playing with their friend, you may be uncertain about whether the lifeguard, the property manager, the city, or another child’s parents are to blame.
A lawyer may help you assign liability. They may be able to establish the negligent party and hold them responsible by displaying that:
- The other party owed you a duty of care
- This other party violated this duty of care
- This violation resulted in the accident in question
- The accident resulted in financial losses
George Sink, P.A. Injury Lawyers Can Help You
Call George Sink, P.A. Injury Lawyers or fill out our online contact form to discuss your case. If you suffer an injury on public property, the city can be liable in South Carolina. Our team is dedicated to helping South Carolinians fight for fair financial recovery after their injuries.
We offer all clients a free initial consultation, where we can discuss your case and your legal options.