South Carolina Premises Liability Lawyer

What duty does a South Carolina property owner owe?

It depends on why you were on the property. South Carolina uses the traditional categories of invitee, licensee and trespasser.

Business visitors, such as shoppers, diners, hotel guests and renters, are owed reasonable care, including inspecting for hazards and fixing them or warning about them. Social guests are generally owed a warning about hidden dangers the owner knows about. Trespassers are owed far less, though owners cannot act willfully or recklessly, and special rules may protect children drawn to dangerous conditions.

Which South Carolina properties lead to the most claims?

Tourism shapes many South Carolina premises claims. Resorts, rentals and attractions see heavy use during the summer, and maintenance does not always keep up.

Common sources of injury include:

• Wet pool decks and missing depth markings at hotels and rentals
• Rotting decks, steep stairs and loose railings at beach houses
• Slippery boardwalks and walkways near the beach
• Crowded restaurants, bars and entertainment venues
• Amusement rides and attractions
• Golf courses and resort grounds with uneven paths and poor lighting

Stores, apartment complexes and office buildings across the state also produce falls from spills, broken stairs and poor lighting.

Rental homes raise a special question: who was responsible for upkeep? An owner may hire a management company to handle repairs, cleaning and inspections between guests. If a management company knew about a loose railing and did not fix it, both the company and the owner may share responsibility. The rental agreement and messages with the host often show who controlled maintenance.

Do hurricanes and storms excuse unsafe conditions?

No. Owners are not expected to prevent storm damage, but they must act reasonably once the storm passes. Leaving a broken railing, a collapsed walkway or a flooded floor unrepaired for weeks can be negligence.

Storms also create temporary hazards, such as debris in parking lots, loose boards on docks and slick floors from leaking roofs. Owners should warn visitors, block off dangerous areas and fix problems within a reasonable time. Photos with dates, repair invoices and guest complaints help show what the owner knew and when.

How does the 51% bar work in a fall case?

Your recovery is reduced by your share of fault and barred if your share is greater than 50%. Owners often argue the hazard was obvious or that you were not paying attention.

Here is an example. You slip on a wet, unmarked pool deck at a Hilton Head area rental and break your wrist. Your damages are $70,000. The owner argues you were running and should bear 30% of the fault. If a jury agrees, you recover $49,000. If witnesses say you were walking, your share may drop. If a jury found you 51% at fault, you would recover nothing. Proof that the deck had no slip-resistant surface and no warning signs can shift the balance.

What about negligent security and public property?

When an assault happens on property where the owner knew or should have known about the risk, a negligent security claim may exist. Hotels, apartment complexes, bars and parking lots are common settings.

Prior crime reports, guest complaints and broken lights or locks are strong evidence. Claims against public property, such as a state park, a public beach access or a government building, go through the South Carolina Tort Claims Act, which has its own procedures and limits. South Carolina also has a recreational use law that can protect landowners who let the public use their land for free recreation. Our government and public property injury claims page explains more.

What should I do after a fall in South Carolina?

Preserve evidence before conditions change.

1. Photograph the hazard, the lighting and any warning signs.
2. Report the fall to the manager or host and request a copy of any report.
3. Get names of witnesses and employees.
4. Keep your shoes and clothing.
5. Get medical care and keep all records.
6. Send a written request to preserve surveillance video.

Visitors can usually bring their claim in South Carolina even after returning home. Most premises lawsuits must be filed within 3 years. If a dog attack happened on someone's property, see our dog bites and animal attacks page. For a fatal fall, our South Carolina wrongful death guide may help. General rules are on our South Carolina injury law page. We offer a free case review, with no fee unless we win.