Can I Sue a Business If I Was Hurt on Their Property?
Nov. 29, 2022
Being injured on a business’s property can be a distressing situation. Emergency room visits, doctor’s appointments, and ongoing treatment all add up over time. That is why receiving fair compensation for personal injuries sustained on public property is highly important. Reach out to Duncan and Nobles LLC for skilled representation in Rock Hill, South Carolina and throughout Chester and Lancaster counties.
Premises Liability in South Carolina
In Rock Hill and the rest of the state, businesses are responsible for ensuring their facilities are safe for workers and customers. However, if someone is injured on a business’s property, the business may be held accountable for the injuries. If so, the business may pay fair compensation for these injuries.
Consider these examples:
A customer sustains injuries after slipping on a store’s front steps or from a falling fixture.
A child wanders into a swimming pool that does not have a fence around it or has an unlocked gate.
An old tree in hazardous condition falls and causes personal injury and property damage (i.e., falls on a parked car with people inside).
These examples highlight negligent action since the business did not take action to ensure a safe environment. For instance, a store must first let customers know about the steps’ dangerous conditions. Then, it must ensure to fix the condition to avoid any accidents.
Please remember that businesses are liable for personal injuries due to their negligence. Therefore, negligence is the key consideration when filing a personal injury lawsuit.
South Carolina Business Liability Laws
The South Carolina Uniform Limited Liability Company Act states that a business is liable for “…loss and injury caused to a person, or for a penalty incurred, as a result of a wrongful act or omission, or other actionable conduct, of a member or manager acting in the ordinary course of business of the company or with the authority of the company.”
The law in Rock Hill, South Carolina, underscores three things:
A business is liable if it intentionally or negligently committed a wrongful act.
A business is liable if it fails to act to prevent or warn about a dangerous situation.
A business is liable if an employee or manager acts negligently or intentionally.
These circumstances are the basis of a personal injury claim in South Carolina. People who have sustained a personal injury on public property are entitled to fair compensation when the property owner’s duty of care has not been appropriately assumed.
Filing a Personal Injury Claim
Hiring a trusted personal injury attorney is the first step in filing a personal injury claim. A personal injury attorney provides the legal counsel needed to build a solid case. However, there are a couple of things to know before filing a personal injury claim in South Carolina:
The statute of limitations is three years of personal injury lawsuits. In other words, the injured party has three years from the date of the accident to file a personal injury claim. Past the three years, the claim will most likely be dismissed. A business can base its defense on the statute of limitations rule. So, it’s important to ensure the claim falls within this period.
The comparative negligence rule states that both the liable and injured parties may share responsibility for the accident. For instance, a store may be liable for hazardous steps. However, the injured party may also share liability since they were watching their phone during the accident. The store may not receive one hundred percent of the liability in this situation. Instead, a 70/30 or 80/20 split may be possible following an insurance company investigation.
The comparative negligence rule is critical in ensuring a successful outcome. Inured parties must be aware of any actions they took or didn’t take to prevent the accident. These actions, or lack thereof, may become the basis for the business’s defense. For instance, the business may use security camera footage to demonstrate the injured party’s careless or reckless behavior causing them to sustain injuries.
Additionally, injured parties must document as much of their situation as possible. Medical reports, bills, doctor’s notes, and insurance records are all highly useful documentation proving the injuries sustained. Documenting a personal injury is crucial to ensuring a successful outcome when filing a personal injury claim.
Finding the Right Personal Injury Attorney
No one should have to go through this emotionally and financially difficult time alone. At Duncan and Nobles LLC, we fight hard for our clients’ rights. We understand our clients’ stress and anguish after a personal injury incident. That is why we strive to pursue fair compensation so they can move forward.
If you or someone you loved has been injured as a result of a business premises incident, call us today. Our legal team is on standby ready to fight for you and your future.