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PREMISES LIABILITY LAW IN SOUTH CAROLINA
People are sometimes injured on property that is owned or
controlled by another person. If so, it may be possible to
recover monetary damages from the property owner for medical
expenses, lost wages, and pain and suffering.
In premises liability cases, it is important to locate witnesses as
quickly as possible. Our lawyers are experienced in identifying and
tracking witnesses to make sure that your rights are fully protected.
There are often many different kinds of insurance coverage available in
premises liability cases. For example, some insurance coverage may be
available to pay for your medical bills regardless of who was at fault.
Other kinds of coverage apply only if the property owner is found to be
liable for the injured person’s damages.
"Slip and Fall"
Many premises liability cases involve "slip and fall" accidents. In
South Carolina, an owner of property owes a legal duty to his guests to
keep the property in a reasonably safe condition. If the injured person
shows that the owner of the premises either created a hazard on the
property or had actual or constructive knowledge of the hazard before
the fall occurred and that the hazard caused the injuries, then recovery
may be possible. However, such cases become more complicated to analyze
when, for example, the person on the property is a trespasser and not a
guest, or a salesperson and not a store patron.
Fitness Centers
A fitness center must warn its members of all non-obvious dangers and
those dangerous conditions of which the fitness center is aware.
Basically, the fitness center must remain reasonably safe.
Unfortunately, some fitness centers fail to adequately maintain their
exercise equipment. Such failures can often lead to serious injuries.
Superstores
With the introduction of "superstore" warehouses, the practice of
stacking heavy products on high shelves has resulted in falling
merchandise which has caused countless customer injuries and some
fatalities. Statistically, most accidents occur between October and
January when more merchandise is stacked in anticipation of the holiday
rush.
Dog Bites
There are approximately 800,000 dog bite victims per
year in the United States. Approximately 60% of these victims are
children, and most of them are bitten on the face (77%). Dog bites cause
an average of 18 deaths per year.
Pursuant to South Carolina statute, S.C. Code Ann. § 47-3-110:
Whenever any person is bitten or otherwise attacked by a dog while the
person is in a public place or is lawfully in a private place,
including the property of the owner of the dog or other person
having the dog in his care or keeping, the owner of the dog or other
person having the dog in his care or keeping is liable for the
damages suffered by the person bitten or otherwise attacked. For the
purposes of this section, a person bitten or otherwise attacked is
lawfully in a private place, including the property of the owner of
the dog or other person having the dog in his care or keeping, when
the person bitten or otherwise attacked is on the property in the
performance of any duty imposed upon him by the laws of this State,
by the ordinances of any political subdivision of this State, by the
laws of the United States of America, including, but not limited to,
postal regulations, or when the person bitten or otherwise attacked
is on the property upon the invitation, express or implied, of the
owner of the property or of any lawful tenant or resident of the
property. If a person provokes a dog into attacking him then the
owner of the dog is not liable.
Issues regarding insurance coverage can be very
complicated. For example, according to the South Carolina Supreme Court,
raising and showing purebred dogs was not a "business pursuit" within
meaning of a business exclusion in a homeowners' policy (stated that
there is no insurance coverage for injuries "arising out of or in
connection with a business engaged in by an insured") and thus
the insureds were entitled to liability coverage for injuries to a
professional dog handler who was bitten by one of their dogs, where: (1)
the insureds raised and showed the dogs as part-time activity; (2) they
had other regular or continuous business engagements; (3) the insureds
did not intend raising the dogs to be a means of earning a living; and
(4) the income generated from the dogs did not exceed expenses in
each year.
Playgrounds
Over 223,000 children, ages 14 and under, are injured
yearly in playground accidents throughout the United States.
Approximately 35% of these injuries are serious. 70% of the injuries
occur when children fall to the ground. Indeed, one-third of playground
related fatalities are due to falls.
Pools
Poolside and other swimming related accidents are the second leading
cause of death of children under 15 years of age. Each year, over 1,000
children die in swimming-related accidents and over 5,000 others are
hospitalized.
Many adults suffer severe injuries when they combine alcohol and
swimming. In fact, alcohol use is involved in 25% to 50% of adolescent
and adult deaths associated with water recreation.
Backyard pools equipped with diving boards may pose a
serious risk. As reported on CBS's 60 Minutes II, over 7,000,000
families enjoy backyard pools with diving boards. Unfortunately, many of
these pools have been improperly designed and constructed, leaving
divers at risk of sustaining serious injuries.
Criminal Attack
Under South Carolina law, a business owner has a general
duty to exercise reasonable care in protecting its patrons, but it is
not liable for criminal attacks (such as robberies, rapes, or murder) by
third parties in the absence of evidence that the owner knew or had
reason to know of the attack. In other words, the property owner is not
liable for a guest's injuries unless the criminal attack was
foreseeable. "Foreseeability" is oftentimes a difficult matter to prove.
Factors regarding foreseeability include: (1) whether the property is in
a high crime area; (2) whether the property owner followed its own
security guidelines (if any); (3) whether the business is of a type and
nature that typically attracts a criminal element (such as a bar or
dance club); and (4) the degree of the criminal act's spontaneity (such
as whether the criminal event was unprovoked and sudden outburst or
whether the attacker had been physically aggressive and causing trouble
prior to the event).
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If you or someone you know has suffered a
personal injury, call the Futeral Law Firm locally at
(843) 284-5500, toll free at (877) 913-5500, or email
info@charlestonlaw.net.
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The contents of this web site are for informational purposes regarding legal
issues in South Carolina and are not intended to convey detailed legal advice on
specific issues. Transmission of the information contained in this site or any
sites linked hereto is not intended to create, and receipt does not constitute,
an attorney-client relationship. Our attorneys practice law only in
jurisdictions we are properly authorized to do so and do not seek to represent
anyone in any jurisdiction where this site does not comply with applicable laws
and bar rules. The attorneys of the Futeral Law Firm are
licensed to practice law in the State of South Carolina. Readers should not act
upon the information contained in this site without first seeking the advice of
an attorney licensed to practice in your area.
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