When you sustain injuries on another’s property, it is paramount to determine the responsible party. Injuries suffered in an accident may be severe, and can potentially last a lifetime, so if it is another’s negligence that led to your injuries, it is important that you obtain compensation for your losses with the help of a Charleston premises liability lawyer.
Holding the negligent person or entity responsible for their action (or inaction) can go a long way toward improving your financial losses from the accident, as well as allow you to receive some sort of closure following your injuries. To get started on your claim, consult with an experienced injury attorney in Charleston today.
Proving a Claim
Premises liability cases may involve slipping and falling due to a spill on the floor at an individual’s local grocery store, tripping in their neighbor’s backyard while at a barbecue, or falling through a broken step that leads up to the entrance of a building. Cases may involve public property or private property, and government liability may become an issue.
In order to bring a successful premises liability claim, an individual or their Charleston premises liability attorney must be able to prove that the property owner did not take the appropriate measures to keep the property in a safe condition for visitors or others who could reasonably be expected to enter onto the property.
Obligations of a Property Owner
Whether a property owner is aware of their obligation is of no consequence. The obligation exists whether or not the property owner is aware of it or not. The obligation of a property or business owner is to conduct reasonable inspections of their property, and with respect to any hazards that exist on the property, the obligation is to either remove the hazard or to warn of it.
It does not matter whether or not the property owner is aware of that obligation or not, it is imposed upon the property owner regardless of whether or not they are aware of it.
Ignorance of the law is not an excuse. A person cannot say that they did not know they were supposed to inspect the property. A person has the duty to inspect it whether or not the person knows it or not.
Property owners generally have a duty of care to keep their property in a reasonably safe condition for people who are expected or invited to enter onto the property. If a property owner breaches that duty by acting in a negligent manner, or in a manner that was unreasonable given the circumstances, and that breach directly caused the accident that led to the injuries at issue, then the property owner may be liable, or financially responsible for the resulting injuries.
An experienced premises liability attorney in Charleston will be skilled in handling premises liability cases and know the ins and outs of presenting successful claims to big insurance companies.
One of the main concerns of any accident victim is the high cost of medical care and treatment that they are likely to incur as a result of their injuries. Combined with an inability to work, on a temporary or even permanent basis, an injury victim can be overwhelmed with bills and a lack of income. Fortunately, a Charleston premises liability case can be a mechanism for recovering compensation for losses related to an accident.
While financial compensation cannot make an injury victim whole, it can go a long way toward remedying financial concerns that often plague an injury victim and their family. If a property owner is found to be liable in a premises liability case, the injury victim may be eligible to recover various damages, including, but not limited to, medical expenses, rehabilitation costs, lost wages, loss of future income, and pain and suffering.
The jury will be tasked with deciding a percentage of liability upon the plaintiff. For example, assume the plaintiff is 50% at fault. The jury may say that that the store owner is at fault for not discovering that a potential hazard existed, but it is also the plaintiff’s fault for not seeing the hazard and avoiding the incident.
In this case, the jury would also be tasked with finding what the damages were. For example, if the plaintiff’s damages are $10,000, the judge would then reduce it by $5,000 or 50% and enter a judgment for $5,000 in favor of the plaintiff.
A landlord’s liability for criminal acts of a third party is similar to a commercial property owner’s liability for a third party criminal action. A person has to make a showing that they knew or should have known that the criminal activity was a problem in the area.
For example, if a landlord owns a property in the most exclusive gated community in Beverly Hills, they probably do not need to have a security guard. However, if they have a real property in the most crime ridden area of the neighborhood, they would probably want to make sure that there is lighting, security cameras, signs out, and perhaps a security guard.
These measures should be in place because the landlord should know that criminal activity is a problem in that area and requires a heightened duty of care. Generally, a person has to show that, for example, the police are called out on a regular basis and the landlord or the property owner has not taken any steps at all with respect to security on the property. These processes can be used to determine liability in a Charleston premises liability case.
Contact a Charleston Premises Liability Lawyer
Whether you have suffered injuries due to the negligence of a property owner or have been involved in some other type of accident, you may be entitled to compensation for your losses. Contact an experienced Charleston premises liability lawyer and allow them to examine your potential claim for compensation.