Premises Liability/ Slip and Fall Attorney in Conway, SC
Premises liability claims include any injury that occurred on a person’s property that is the result of an unsafe condition that the owner should have repaired or warned the public about.
It includes slip and fall cases, dog or other animal bites, swimming pool injuries, playground accidents, amusement park accidents, and any other injury caused by a property owner’s negligence. The injury may have happened just about anywhere such as a private residence, a place of business, a public space or roadway, a grocery store, a construction site, a parking lot, or a public or private sidewalk.
Slip and Fall Accidents
Slip (or trip) and fall accidents are a common type of premises liability.
Slipping hazards can result from spills of liquids or other slippery materials, snow and ice tracked into a front lobby, or rainwater accumulating on the floor from umbrellas on a rainy day. Tripping hazards may include items or equipment left in store aisles, uneven walkways, or uncovered holes in the ground or pavement.
When a hazardous condition exists on someone’s property, the property owner is given a reasonable amount of time to remedy the situation by cleaning it up, repairing the damage, or warning of the danger if it is not possible to immediately correct the problem.
If the property owner does not comply with their legal duty to fix the problem or post warnings, they are liable for any injuries that are caused as a result of their negligence.
Dog Bites/ Animal Attacks
Dog owners can also be held liable for injuries caused by their animals.
South Carolina has what are called strict liability dog bite laws. This means that a dog owner can be liable for injuries caused by their pet even without prior notice that their dog was potentially aggressive.
This is different from some other states which allow for dog owner liability only when they had knowledge of the dog’s temperament and did not take steps to protect the public.
A dog’s owner can be liable for resulting damages when a dog bites or “otherwise attacks” a person. Even if the dog does not bite a person, if the dog were to knock a person down and cause injuries, that dog’s owner is responsible for the resulting damages.
There are two defenses to dog bite liability in South Carolina: provocation and trespassing. Because the dog bite statute states that the injured person must be on public property or lawfully on private property when they are attacked by the dog, a person who is trespassing on property without permission could not bring suit. Obviously, if a person is harassing or mistreating the dog, they are at fault in the incident and could not recover in a lawsuit.
Other Types of Premises Liability Cases
There are thousands of potential ways that a property owner could create or ignore a hazardous condition that results in injury to a person.
Equipment such as elevators, escalators, playground equipment, and amusement park rides can cause severe injuries if they are designed poorly or not properly maintained.
Swimming pool hazards can cause drowning or a pool may be too shallow to dive and yet not have warnings posted.
Railings on stairs, porches, or decks may be improperly designed or not maintained properly.
Any tenant, customer, visitor, or pedestrian has the right to not be injured by the property owner’s negligence, and every property owner has a duty to protect the public and visitors from unsafe hazards on their property.
- Personal Injury
- Wrongful Death
- Auto Accidents
- Motorcycle and Moped Accidents
- Drunk Driving Accidents
Contact Johnny Gardner Now
If you have been injured as a result of a property owner or dog owner’s negligence, call Johnny Gardner Law today to schedule a consultation about your case and find out how we can help.