Premises Liability Settlements: Do’s and Don’t’s

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If you’ve been injured while on the property of another, determining who is at fault and what might have been done differently can significantly impact your settlement and damages. Reaching out to an attorney like Maguire Law Firm can provide you substantial support in your case, ranging from evidence collection to maximizing your settlement.

Knowing Your Visitor Status Is Important to Your Case

When you are upon the property of another, there are three designations that you will be categorized as invitee, licensee, or trespasser. A trespasser is an individual who has entered a property without permission, and generally, the landowner owes them no duty of care. A licensee is a social visitor for whom there is a minimal duty of care that the landowner must exercise to prevent harm to their guests. An invitee is a business guest who is in a place of business with a rightful purpose. Within the South Carolina Courts, an invitee within the context of premises liability cases is afforded the utmost duty of care. If you have been injured in a business, the establishment may be liable, and if it is owned by someone else, also the landowner.

Premises Liability Is Different and Unique on Public Recreational Land

If you happen to be a recreational visitor to private land that has been opened for public enjoyment, the liability of the owner is different. The South Carolina Code of Laws limits the liability of a landowner to encourage owners to open their land and water available to the public for the purposes of recreation. Understanding your status, what duty of care you are owed, and whether or not a condition was hazardous will impact whether or not you can recover damages for your injuries.

Contact a Personal Injury Attorney Now!

If you’ve experienced a personal injury and think premises liability may be the cause of action for you and a business or landowner may be liable for your damages, schedule a meeting today to discuss your circumstances with an experienced premises liability attorney.

FAQ

What is premises liability, and what are my rights on others’ property?

Premises liability is the duty that is owed to people who enter the property of another, and it is the highest if you have permission and the lowest if you are on a property as a trespasser.

Does it matter if the property is private or public?

A business owner owes the highest duty of care to visitors on the private property as an invitee, while generally, the owner of public lands has a lesser duty for those using public access, such as private lands opened for recreational purposes or a public park.

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