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In South Carolina, if you suffer injuries on another person’s property and it is partly your fault, you might still be able to collect compensation. As long as your negligence does not surpass the defendant’s negligence, you might be eligible for financial recovery. The amount of compensation you receive will depend on your level of negligence in the accident.
If you were an invitee on a property, such as a business, and there was a liquid spill on the floor that was recently mopped up, the floor might have been slippery and a potentially dangerous area to walk on. If an employee displayed a caution sign, they were warning invitees of a hazardous condition to keep them safe, which would help the business avoid a premises liability lawsuit. If a guest fell and injured themselves on the wet floor in the presence of the caution sign, it may be difficult to prove that the property owner was liable, but it is still possible to recover damages.
The Property Owner Isn’t Always at Fault
When you are involved in an accident on another person’s property, do not assume that the property owner is entirely at fault for what happened. If you acted in a certain way, perhaps without care or in a problematic manner that resulted in an accident on someone else’s property, you may be found partly at fault. You may be held accountable for the role you played in creating an accident, but you might still obtain compensation for your injuries.
Comparative Negligence and How It May Affect Your Case
If you are found partly at fault in a South Carolina premises liability case, you may qualify for financial recovery due to South Carolina’s comparative negligence system. For example, if you, the plaintiff, are found to be 40% at fault, then the defendant would be found to be 60 percent at fault. If the damages are calculated to be $50,000, you will receive compensation that reflects the defendant’s percentage of fault, which would be $30,000 in damages.
Typically, if a dog bites you, the owner would be held liable since their dog inflicted harm on you. However, according to the South Carolina Code of Laws §47-3-110, if you are on someone’s property, either by trespassing or taunting a dog, you could be held partially at fault for the dog bite. If you trespassed, then you broke the law.
If you provoke the animal, then you could expect the consequences of doing so. The defendant’s lawyer may argue that because you either trespassed or were harassing the dog, the owner is not liable for their dog biting you, as it was preventable. Your lawyer, however, may argue that you are seriously injured from the dog bite and that the owner is responsible for their pet harming you. The judge will determine the percentages of fault.
Recover the Compensation You Need
It helps to have witnesses involved in your case if there were any. Whether you could have practiced more caution or made better decisions to avoid an accident, you still got injured and may be entitled to financial recovery for those injuries.
Even if you are partly at fault in a South Carolina premises liability case, some damages you may be able to recover include pain and suffering, medical bills, disfigurement, disability, and lost income. Make sure you seek medical attention if you have not done so already. It is important to show your medical records, which a lawyer may obtain from your doctor.
George Sink, P.A. Injury Lawyers Can Assist You in a Premises Liability Case
Despite sharing responsibility for an accident on another person’s property, you might still be able to recover damages, and a lawyer can provide guidance. A premises liability attorney may negotiate with an insurance company on your behalf and take the case to trial if an insurance adjuster refuses to settle fairly.
Contact George Sink, P.A. Injury Lawyers today for a free case evaluation regarding your premises liability case. We work on a contingency fee basis, so you owe us nothing unless we acquire financial recovery for you. Call to speak with a member of our team.