Columbia Premises Liability Lawyer

Columbia Premises Liability Attorney

One minute, you’re shopping, and the next, you’re flat on your back. Nobody ever expects to have an accident while going about their daily errands, but they happen frequently. Whether it’s a slip and fall at the grocery store, a trip on a cracked sidewalk, or an injury from a hazard on someone else’s residential property, it’s important to know that you have rights, and they should be protected by a Columbia premises liability lawyer.

With over 28 years of experience determining every possible path to personal injury compensation for clients, the Law Office of Charles T. Brooks III is here to stand by your side, guide you through the premises liability claims process, and get you the compensation you need to get back on your feet.

What Is Premises Liability?

The concept of premises liability is simple: property owners must keep their premises safe for the people who visit. This does not always happen. If you get injured on someone’s property because they didn’t maintain it properly, they could be staring down the barrel of a premises liability claim and being held responsible for your injuries.

Whether it is a slippery floor, broken stairs, or a poorly lit parking lot, property owners have a duty to shoppers, patrons, employees, and guests to fix hazardous conditions or, at the very least, warn them about the hazards.

What Kind of Accidents Fall Under Premises Liability?

There are a lot of ways an accident on someone else’s property can happen, but some of the most common include:

1. Slip and Falls. Wet floors, icy sidewalks, or uneven flooring can easily lead to falls that cause serious injuries.
2. Unsafe Stairs or Walkways. Cracked steps, loose handrails, and uneven pavement can make it easy to trip and fall.
3. Parking Lot Hazards. Potholes and cracked pavement are a recipe for disaster. Car accidents, trips, falls, and other accidents can occur.
4. Lack of Security. Poorly lit areas or broken locks on gates can make it easier for criminals to commit an offense and cause injuries.
5. Neglected Property. Property repairs can be expensive, but loose wires, broken equipment, or spilled liquids can place people at risk. It is the property owner’s responsibility to address any and all dangerous conditions that could possibly cause an injury.

At the Law Office of Charles T. Brooks III in Columbia, we can help you prove that an accident occurred on someone else’s property due to hazardous conditions and the accident led to your injuries.

Who Is Responsible When You Get Hurt in a Premises Liability Case?

Determining who is at fault is the basis of any solid liability claim. In premises liability, the liable party is generally presumed to be the property owner, but in some cases, it is possible that other parties or entities could share that responsibility. The following could also be held responsible:

1. Property Managers. If some other party is managing a property or business, such as a site manager, retail store manager, or even a general management company, they take over the responsibility for maintaining safe shopping and work conditions for both their employees and their patrons.
2. Tenants. If someone is renting a property, it may be their responsibility to maintain the area and grounds. This means they could be held liable if someone is injured on their property.
3. The Government: If the accident happens in a park, government building, or even on a public road, it is possible that the local government could be responsible for your injuries. These cases are a lot trickier to prove, and there are stricter rules when filing claims against government entities.

Dealing with your injuries is bad enough. When you add trying to figure out who is responsible for your injuries to the mix, it can add layers of stress to an already overwhelming situation. That’s why the Law Office of Charles T. Brooks III can take on the responsibility of identifying who is at fault, leaving you to focus on what matters most: your recovery.

Whether it’s a business, a landlord, or even the government, we can help you hold them accountable.

Comparative Negligence in South Carolina

It is entirely possible that you could be found partially responsible for your accident. This crafty rule is called comparative negligence, and it basically states that if you are determined to be partially liable for the accident, the amount of compensation you are entitled to could be reduced.

For example, if you slip and fall in a store because you were distracted by your phone and didn’t see the unmarked wet floor, the court could find you partially responsible. Suppose you are found 20% at fault for the accident; any settlement awarded to you is then reduced by 20%.

On the other hand, if the court finds that you are more than 50% responsible for the accident, for example, the wet floor was clearly marked with a sign, and you slipped while distracted, you may lose your right to compensation.

What Injuries Can You Sustain in Premises Liability Accidents?

The injuries from these kinds of accidents can run the gamut from minor to very serious, depending on how the accident happened. Some of the most common injuries include:

1. Broken Bones or Fractures – falls can lead to broken bones or fractures, especially on hard surfaces
2. Head Injuries – a fall or a hit to the head can lead to a concussion or a far more serious class of traumatic brain injuries (TBI).
3. Spinal Injuries – any kind of fall comes with the risk of injuring your spine, which can lead to long-term issues like paralysis.
4. Cuts and Scrapes – broken glass or sharp objects can lead to cuts that might require stitches or lead to serious infections.
5. Soft Tissue Injuries – sprains, strains, and bruising are common in falls.

Any one of these injuries can leave you reeling from significant medical expenses, lost wages from time off work, and a lot of stress. If your injury happened because of someone else’s carelessness, you have the right to seek compensation.

At the Law Office of Charles T. Brooks III, we have helped countless clients navigate the ins and outs of premises liability cases, and we leave no stone unturned as we fight for the compensation you deserve.

FAQs About Columbia, SC Premises Liability Laws

Can a Property Owner Be Held Liable for an Injury, Even if They Didn’t Directly Cause the Hazard?

Yes, in certain situations, a property owner can be held liable even if they did not cause the hazard. If they knew about the hazard, or reasonably should have known about it, and failed to address it, they can be held responsible. In situations where the owner could not have known about the hazard, such as when a water spill occurs moments before an accident, you may be unable to obtain compensation from them.

How Does a Property Owner’s Insurance Work in a Premises Liability Claim?

Liability claims are usually covered by the property owner’s insurance, but insurance companies are often reluctant to pay victims the amount they actually deserve. This can be a problem for your claim. That’s why it’s essential to hire an experienced lawyer who knows how to negotiate with insurers and can get you the compensation you deserve.

Can I File a Premises Liability Claim if I Was Injured at a Friend’s House?

Yes, you can. You certainly could be entitled to compensation if a friend or neighbor’s negligence caused your injury. Civil cases involving friends or loved ones can be difficult to get through, but if you want to go that route, our lawyer can help you navigate this delicate situation and protect your interests.

Can I Still Pursue a Claim if I Don’t Immediately Report the Accident to the Property Owner?

It is always beneficial to report an accident right away, even if you think you’re unharmed. You can still file a claim if you don’t immediately report the accident, but not reporting it can weaken your case. In the time between the accident and when you report it, property owners can fix the hazard, delete CCTV footage, and claim that you made the whole thing up. Our lawyer can help you address this issue and work with any available evidence to strengthen your case.

Contact the Law Office of Charles T. Brooks III

Don’t let the legal process overwhelm you. The Law Office of Charles T. Brooks III is here to help you understand your options so that you can move forward with confidence. Our team is ready to listen, explain your options, and guide you through the next steps. Whether you are navigating a slippery sidewalk or dealing with dangerous conditions in a public park, you shouldn’t have to shoulder the burden of someone else’s negligence alone.

At the Law Office of Charles T. Brooks III, we’ve got your back. Let us tackle the red tape, sort out the details, and fight for what you deserve. After all, your next step should be toward recovery, not another potential headache. Reach out today, and let us take it from here. Contact us to schedule a consultation.