Were you recently injured because a property owner in Fort Mill, South Carolina, was negligent? They have to be held accountable. The Fort Mill premises liability lawyers at Elrod Pope Accident & Injury Attorneys can help you recover compensation. Contact us at (803) 902-4045.
Since 1980, Elrod Pope Accident & Injury Attorneys has been a trusted advocate for injury victims and families in Fort Mill. Our award-winning South Carolina trial attorneys, whose collective experience spans more than 150 years, don’t hesitate before going toe-to-toe with powerful businesses, governments, and property owners. Our hard work and persistence pay off, as we’ve recovered $100 million (and counting) for clients like you.
Set yourself up for a successful outcome by trusting our top-rated legal team to take charge of your premises liability case. We offer a free consultation, so contact our Fort Mill law office to get started.
How Elrod Pope Accident & Injury Attorneys Can Help You Win Your Premises Liability Case in Fort Mill
When a property owner doesn’t take care of their premises, they can be held financially responsible if a guest gets hurt. However, proving your case can be an uphill battle – especially when an insurance company gets involved.
You can level the playing field – and even tip the odds of victory in your favor – by hiring an experienced Fort Mill personal injury attorney to handle your premises liability claim.
When you choose Elrod Pope Accident & Injury Attorneys, you benefit from attorneys whose excellence in personal injury litigation has been recognized by Super Lawyers, the Multi-Million Dollar Advocates Forum, Compleat Lawyer Awards, The National Trial Lawyers, and other top organizations.
You’ll have time to focus on your physical recovery and emotional well-being; we’ll handle the rest.
Count on us to:
- Conduct a thorough investigation into your accident and resulting injuries
- Determine how the property owner was negligent in maintaining the premises
- Identify the specific hazard that caused you to get hurt
- Gather evidence that can be used to support a successful legal claim for damages
- Enlist expert witnesses and specialists to weigh in as we calculate your damages
- Represent your best interests as we pursue a substantial settlement offer during negotiations
- Force the owner and their insurance company to go up against our top-rated litigators at trial if they won’t take responsibility for your injuries
Our law firm understands that an accident can be costly. We don’t want you to forego legal representation because you’re stressed about money. We represent clients in premises liability matters on a contingency fee basis. If we don’t win compensation for your case, you pay nothing. End of story.
Ready to learn more and get started? Contact our law offices in Fort Mill, SC, today. Your initial case evaluation is free.
What Is Premises Liability?
Premises liability is a responsibility imposed on businesses and property owners in the State of South Carolina. Simply put, an owner/business has to maintain their property reasonably safe so that an invited guest or visitor isn’t likely to get hurt.
When an owner is negligent in maintaining their premises, they can be liable for a victim’s resulting injuries or wrongful death.
What steps must a business or owner take to keep guests safe? To what lengths must they go to keep their premises safe?
It all depends on why the guest is entering the premises – and if they have permission.
Invitees vs. Licensees vs. Trespassers
South Carolina has three primary categories of visitors: invitee, licensee, and trespasser.
You’re an invitee if you enter someone else’s property with their consent for a reason that will benefit them in some way. You’re also considered an invitee when you enter public property. In South Carolina, invitees are extended the highest duty of care. An owner/business is expected to inspect the premises for hazards, fix discovered dangers, and provide adequate warnings of known risks to safety.
You’re a licensee if you enter someone else’s property with their consent for a personal reason. For example, you’d be an invitee if you went to a restaurant to buy lunch, but you’d be a licensee if you went to a restaurant for the sole purpose of using the restroom. Licensees are owed a moderate duty of care. There’s no duty to inspect, but an owner must repair hazards upon discovery and warn of known threats.
You’re a trespasser if you enter someone’s property without their consent. With the exception of children when an attractive nuisance is present, a property owner does not owe a trespasser a duty of care.
What Do I Have To Prove To Win My Premises Liability Lawsuit?
Premises liability cases are all about negligence. So, when you file a claim, you’ll need to establish that the property owner (or the party responsible for the premises) was negligent and, as a result, you got hurt.
Specifically, you must prove:
- Duty: you were owed a duty of care because you were lawfully on the premises with the owner’s implied or express permission
- Breach: the owner breached the duty of care to you, which will be specific to your status as either an invitee or licensee
- Causation: because of the owner’s failure to inspect/fix/warn, a dangerous condition existed on the premises, and you were injured because of it
- Damages: you’ve suffered damages, which might include medical expenses and a loss of income
In South Carolina, you’re required to prove your case by a preponderance of the evidence. Factfinders must be convinced that your allegations are more likely to be true than not.
We Handle All Types of Premises Liability Cases in Fort Mill, SC
At Elrod Pope Accident & Injury Attorneys, our premises liability attorneys in Fort Mill have extensive experience handling claims involving:
- Slip and fall accidents
- Trip and fall accidents
- Dog bites
- Assaults
- Negligent security
- Elevator accidents
- Accidents involving broken sidewalks
- Amusement park accidents
- Toxic exposure
- Swimming pool accidents
- Construction site accidents
If you or a loved one has been hurt because of a property owner’s negligence, contact our law office in Fort Mill to discuss your case. We’re available to take your call 24 hours a day, 7 days a week.
What Damages Can Be Awarded in a Premises Liability Claim?
When you’ve been hurt because of a dangerous condition on someone else’s property, you can file a legal claim against the owner (or their insurance company) to recover compensatory damages.
Compensatory damages include two types of awards: economic and non-economic.
Economic damages help you handle the financial stresses of your accident and resulting injuries, including:
- Present and future medical bills
- Rehabilitation
- Nursing care
- Property damage
- Out-of-pocket costs
- Disability
- Diminished earning capacity
- Lost income
- Costs of a funeral
Non-economic damages help you deal with harder-to-value impacts of your injuries, such as:
- Pain and suffering
- Emotional distress
- Loss of consortium
- Mental anguish
- Reduced quality of life
- Disfigurement
- Chronic physical pain
- Embarrassment
If there’s compelling evidence that a property owner’s conduct was grossly negligent or intentional, you may also be able to seek punitive damages at trial.
Our premises liability attorneys in Fort Mill will aggressively pursue all of the damages to which you’re entitled under South Carolina state law.
What Happens if a Property Owner Blames Me for Getting Hurt?
Shared fault can limit how much – if any – compensation you can recover with a premises liability lawsuit. In South Carolina, a victim cannot share more than 50 percent of the blame for an accident and still recover damages from a third party.
If you’re assigned less than 51 percent liability, you can seek a limited monetary award. Any damages awarded will be reduced in proportion to fault. If you’re 25 percent responsible for a slip and fall at a grocery store in Fort Mill, your settlement or jury award will be reduced by 25 percent.
What’s the Statute of Limitations on Premises Liability Lawsuits in South Carolina?
You’ll have three years from the date of injury or wrongful death to file a premises liability lawsuit in Fort Mill, South Carolina.
Once the statute of limitations expires, you will give up the right to seek damages from a negligent property owner, business, or government body.
However, since there are exceptions to the statute of limitations that could change the time limit for your case, it’s best to contact us as soon as you can for help.
Schedule a Free Consultation With an Experienced Fort Mill Premises Liability Lawyer
If you got hurt at a business in Fort Mill, SC, it’s time to call Elrod Pope Accident & Injury Attorneys. Our award-winning Fort Mill premises liability lawyers want to help you fight for the financial justice you deserve.
We’re experienced, passionate litigators with a proven ability to win tough cases. Our results speak volumes, with over $100 million in settlements and jury verdicts recovered.
Get started today by calling our Fort Mill law office to set up a time for your free case evaluation.