Were You Injured On Someone Else’s Property?
At The Law Office of Daryl G. Hawkins, LLC, I have represented people throughout South Carolina injured on premises controlled by others in a variety of circumstances. I would appreciate the opportunity to help you, a friend or family member with any questions you have regarding these types of liabilities and injuries and to potentially represent you or them in a claim.
Premises liability relates to injuries occurring on land owned, in possession of or controlled by another. It includes all manner of serious injuries, including:
- Swimming pool accidents
- Slipping on wet substances
- Falling objects
- Stairs that do not meet building code requirements
- Hidden obstacles
- Parking lot injuries
- Holes in paving
- Dog bites
- Assault and battery
- Many, many other sources
In serious cases, an accident can even lead to wrongful death. Damages can include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Lost income, past and future
- Medical expenses
- Loss of consortium
What Duties Does A Property Owner Have?
The duties a landowner owes to a person on the premises depend on whether the injured person is an invitee, a licensee or a trespasser. The court treats children and adults differently when considering the duty owed by a possessor of land.
- An invitee is a person who comes on the land with express or implied permission and for the benefit of the owner/occupier. The highest duty is owed to invitees and includes a duty to go out and discover risks and fix them or warn of the risk.
- A licensee is a person who comes on the land either with permission (consent) of the owner/occupier or some other privilege to visit the premises. However, the licensee is there for his or her own purposes and not specifically to benefit the owner/occupier, though some benefit may collaterally be derived by the owner/occupier. A guest at a party is generally considered a licensee. The licensee is owed a lesser duty than the invitee.
- Adult trespassers have the least amount of protection owed to them but even trespassers have some long-recognized rights. The general duty is to not cause intentional injury or cause injuries from willful or wanton conduct.
Other classifications require additional consideration, such as examining the duties of lessor (landlord) to lessee (tenant).
Consult A Skilled Attorney About Premises Liability
Contact The Law Office of Daryl G. Hawkins, LLC today to schedule a free initial consultation in Columbia. I am here to help you understand your rights and your legal options. Call 803-594-8177 or contact the firm via email to schedule your no-risk, no-obligation consultation.