How to File a Premises Liability Claim for Injuries

If you were injured on someone else’s property in South Carolina, you may be wondering whether the property owner can be held responsible. The answer often lies in a type of personal injury law known as premises liability. This area of law allows injured individuals to seek compensation when unsafe property conditions cause harm. But understanding how to file a premises liability claim—and what it takes to succeed—is critical before taking the first step.

What Premises Liability Means in South Carolina

Premises liability refers to the legal responsibility property owners have to keep their spaces reasonably safe for others. If someone is hurt because the owner failed to fix or warn about a dangerous condition, the injured person may have a legal right to seek damages.

These claims often arise from accidents such as:

Slip and falls on wet or uneven surfaces
Injuries caused by falling objects
Accidents on poorly maintained stairs or walkways
Dog bites or animal attacks on private property
Swimming pool accidents
Negligent security leading to assaults or robberies

Whether the accident happened at a business, private home, or public property, the owner’s legal duty depends on why the injured person was there in the first place.

Understanding Legal Status and Duty of Care

South Carolina law separates visitors into three main categories, and each is owed a different level of care:

Invitees – These are people invited onto the property for business purposes, such as customers in a store. Property owners must actively inspect for dangers and fix them or warn visitors.
Licensees – These include social guests or individuals on the property with permission but not for business. The owner must warn them of known hazards that are not obvious.
Trespassers – People on the property without permission are owed the least duty of care. However, property owners can’t intentionally cause harm and may be held liable if they know trespassers frequently enter the area and do nothing to prevent foreseeable injuries.

Proving a Premises Liability Claim

To move forward with a claim, you need to show more than the fact that you were hurt. The law requires proof of four key elements:

A dangerous condition existed on the property
The property owner knew or should have known about the hazard
The owner failed to fix it or warn about it in a reasonable amount of time
That failure directly caused your injury

Proving these elements can be challenging. That’s why collecting evidence right away can make a difference.

What to Do After Getting Hurt on Someone Else’s Property

If you’ve been injured, your health should always come first. Seek medical care immediately—even if you think the injury is minor. In many cases, pain worsens after the adrenaline fades.

As soon as you’re able, take the following steps to protect your potential claim:

Report the incident to the property owner, manager, or security team. Request a copy of any incident report.
Take photos of the hazard that caused your injury. Try to capture the surroundings, lighting, and any warning signs—or lack of them.
Gather contact details from witnesses who saw what happened or can confirm the unsafe condition.
Keep your clothing and shoes from the day of the accident, especially if they are wet, torn, or stained, as they may serve as evidence.
Document your injuries and symptoms with photos and written notes.
Follow all medical advice and attend all appointments. Gaps in treatment can be used against you.

How to File a Claim in South Carolina

The process begins with identifying the at-fault party. This is typically the property owner or operator, but may also include maintenance companies or tenants.

Next, a claim is submitted to the responsible party’s liability insurance company. This includes a description of the incident, details of your injuries, and a demand for compensation based on medical bills, lost income, pain and suffering, and other damages.

In many cases, your attorney will attempt to negotiate a fair settlement. If the insurer refuses to offer a reasonable amount, your case may move to court.

South Carolina law gives you three years from the date of the injury to file a lawsuit. If your claim is against a government agency, such as a city or county, different rules and shorter deadlines apply.

Factors That May Affect the Value of Your Claim

Every case is different. The amount you may recover depends on several key factors:

The severity of your injuries
Whether the injury led to permanent disability or long-term care
Medical expenses and estimated future costs
Lost wages and reduced earning potential
Pain, suffering, and emotional distress
Whether you shared any responsibility for the accident

South Carolina follows a comparative negligence rule. This means you can still recover damages if you were partially at fault—so long as you were less than 51% responsible. However, your compensation will be reduced by your percentage of fault.

Why Legal Guidance Can Make a Difference

Premises liability cases often seem straightforward, but they can quickly become complex. Insurance companies may deny liability, shift blame onto the injured person, or try to settle for far less than a fair amount.

An experienced personal injury attorney can:

Investigate the circumstances of your injury
Identify all responsible parties
Gather evidence and interview witnesses
Communicate with insurers and negotiate on your behalf
Build a strong case for trial if needed

Having someone on your side who understands South Carolina’s premises liability laws can give you a clearer path to recovery and peace of mind.

Conclusion

Injuries caused by unsafe property conditions can impact every part of your life. If you’re dealing with pain, medical bills, and missed work, you don’t have to face it alone. Understanding your rights and acting quickly are key to protecting your future.

If you believe your injury could have been prevented with proper care, speak with a local personal injury lawyer who handles premises liability claims. They can help you assess your options and determine the best course forward.