Se Habla Español

Premises Liability Lawyer in South Carolina

Getting hurt on someone else’s property is not just painful. It can feel unfair, confusing, and isolating. One moment, you are walking into a store, apartment complex, or job site. The next, you are dealing with severe injuries and an insurance company that seems more interested in protecting profits than doing what’s right.

At Joye Law Firm Injury Lawyers, we represent injury victims across South Carolina who were hurt because a property owner failed to keep their premises safe. Our firm has seen firsthand how dangerous property conditions change lives, especially when those dangers could have been prevented.

If you were injured on another’s property, let our premises liability lawyers at Joye Law Firm Injury Lawyers guide you through your legal options, deal with the insurance companies, and gather the evidence needed to prove what happened.  We’ll fight for the full compensation you deserve for your injuries.

    Our Results in Premises Liability Cases

    $250,000

    Joye Law Firm’s Charleston attorney Michaella Magaard secured a $250,000 settlement for a woman bitten by a prohibited pit bull at her apartment complex, leaving lasting scars and trauma. Continue reading

    $650,000

    Joye Law Firm attorney Ryan McCullar secured a $650,000 settlement for a 77-year-old woman injured in a grocery store fall, suffering severe shoulder fractures that required multiple surgeries and resulted in permanent loss of function. Continue reading

    $750,000

    A broken restaurant door violently slammed into a Moncks Corner man’s back, aggravating a prior spinal fusion. After discovering employees knew about the hazard for months, Joye Law Firm Injury Lawyers stepped in and secured a $750,000 settlement to hold the negligent restaurant accountable. Continue reading

    $500,000

    It was an average day on the job for Sandra*, an experienced vehicle appraiser for an auto insurance provider. She was visiting an auto repair shop she’d been to before to assess a vehicle for an insurance claim she was…

    Collaborate with Joye Law Firm Injury Lawyers

    Visitor Status and Legal Duty on Someone Else’s Property

    1. Why It Matters

    Not every visitor is treated the same under South Carolina law. A property owner’s legal duty depends on why the injured person was on the property. The law generally places visitors into four categories, and each comes with a different level of protection.

    Because visitor status affects what a property owner is legally required to do, it plays a critical role in any premises liability case. Determining which category applies can help establish whether the owner failed to meet their legal duty and may be responsible for your injuries.

    2. Invitees

    Invitees are people who enter property with the owner’s express or implied invitation, often for a business purpose. Common examples include store customers, restaurant patrons, hotel guests, and clients visiting an office. Property owners owe invitees the highest duty of care. They must regularly inspect the property, fix hazardous conditions, and warn about dangers that are hidden or not obvious, especially those the owner knew about or reasonably should have discovered.

    3. Licensees

    Licensees are individuals who enter property with permission but for non-business reasons. Social guests, friends, and neighbors typically fall into this category. Property owners are not required to inspect the property for unknown hazards, but they must warn licensees about hidden dangers the owner knows about or should reasonably be aware of. They also must avoid creating unsafe conditions that could harm their guests.

    4. Adult Trespassers

    Adult trespassers enter property without permission. In most cases, a property owner does not owe them the same duties as invited guests. However, the owner still cannot intentionally, recklessly, or wantonly cause harm. Setting traps or creating deliberately dangerous conditions that could injure someone, even a trespasser, can still lead to liability.

    5. Children

    The law provides special protection for children, even if they enter property without permission. If a property owner has a dangerous man-made condition on the property that could attract children, such as a swimming pool, construction equipment, or abandoned machinery, the owner may be required to take reasonable steps to secure it. This is because children may not fully understand the risks. The law recognizes a higher duty to protect them from certain hazards.

    Quote Icon

    From the first day I walked in there, I felt like I was in the right place. They really cared about me, and I won’t forget that.

    A. Gordan, Actual Client
    Quote Icon
    Matt Jackson and Deana Nash were completely AMAZING! The level of empathy and professionalism they demonstrated blew me away! Highly recommended!
    Branden B., Actual Client

    How a Premises Liability Lawyer Helps Injury Victims

    Thorough Investigation:
    Thorough Investigation:

    Our work often begins with a focused investigation. This may include visiting the property, documenting hazardous conditions, securing incident reports, and identifying who controlled the premises at the time of your injury. In many premises liability accidents, ownership and responsibility are not obvious. Commercial properties may involve landlords, tenants, management companies, or maintenance contractors. We use all the available evidence and issue subpoenas to determine who is liable.

    Evidence preservation:
    Evidence preservation:

    Surveillance footage, cleaning logs, inspection records, and repair histories are often overwritten or discarded within weeks. A liability lawyer sends formal requests to preserve this evidence and follows up when property owners or insurers delay or resist disclosure.

    Applying South Carolina Law:
    Applying South Carolina Law:

    Legal representation includes evaluating the visitor’s status, analyzing the duration of the dangerous condition, and determining whether the property owner breached a legal duty. These details often decide whether a premises liability claim succeeds or fails.

    Dealing with Insurance Companies:
    Dealing with Insurance Companies:

    Insurance company involvement requires careful handling. Insurers frequently contact injury victims early, request recorded statements, or present settlement offers before the full scope of injuries is known. A premises liability lawyer manages all communication, responds to liability disputes, and challenges attempts to shift blame onto the injured person.

    Proving Damages Through Medical Documentation:
    Proving Damages Through Medical Documentation:

    We organize and review your medical records, treatment timelines, and work restrictions to establish a direct connection between your injury and the accident. This documentation supports your claim for medical expenses, lost wages, lost income, and future care needs.

    Preparing for Litigation
    Preparing for Litigation

    When a fair settlement cannot be reached, a premises liability lawyer prepares the case for legal action. This includes filing a premises liability lawsuit, conducting discovery, and presenting evidence in a clear and organized manner. The vast majority of cases resolve before trial, but preparation strengthens negotiation and protects the injured person’s legal rights.

    Providing Guidance and Peace of Mind:
    Providing Guidance and Peace of Mind:

    Above all, legal representation provides you with structure and direction during a stressful time. You’ll receive clear explanations, realistic expectations, and consistent updates. This allows you to focus on your recovery while we push your case forward.

    Awards & Recognition
    Media
    ABC
    NBC
    Fox
    CBS News
    ESPN Radio logo

    Proving Negligence in a Premises Liability Case

    A premises liability lawsuit is built on evidence. To succeed, the injured person must show that the property owner breached a legal duty and caused harm.

    A strong premises liability case establishes:

    The property owner owed a legal duty of care

    The property owner breached that duty through negligence

    The unsafe condition caused the injury

    The injury resulted in financial losses and other damages

    The property owner owed a legal duty of care

    The property owner breached that duty through negligence

    The unsafe condition caused the injury

    The injury resulted in financial losses and other damages

    Evidence often includes photos of dangerous conditions, surveillance footage, witness statements, maintenance records, incident reports, and the victim’s medical records related to the accident.

    Core Values That Shape How We Handle Premises Liability Claims

    Compassion guides how we work with injury victims who feel frustrated or unheard. We take time to explain legal options and keep clients informed throughout the process.

    Bravery shows in how we approach property owners and insurance companies that resist responsibility. We are prepared to pursue claims all the way through to a jury trial when fair compensation is denied.

    Continuous improvement shapes how we build cases. We study safety standards, investigate thoroughly, and constantly work to sharpen our skills through training and staying up to date on the latest changes in the law.

    Respect for the common good influences everything we do. Our clients can rest easy knowing they are working with a firm that upholds the highest level of integrity in and out of the courtroom. You will always receive honest answers, steady updates, and support without unnecessary conflict.

    Compassion guides how we work with injury victims who feel frustrated or unheard. We take time to explain legal options and keep clients informed throughout the process.

    Bravery shows in how we approach property owners and insurance companies that resist responsibility. We are prepared to pursue claims all the way through to a jury trial when fair compensation is denied.

    Continuous improvement shapes how we build cases. We study safety standards, investigate thoroughly, and constantly work to sharpen our skills through training and staying up to date on the latest changes in the law.

    Respect for the common good influences everything we do. Our clients can rest easy knowing they are working with a firm that upholds the highest level of integrity in and out of the courtroom. You will always receive honest answers, steady updates, and support without unnecessary conflict.

    "*" indicates required fields

    This field is for validation purposes and should be left unchanged.
    We Want to Hear About Your Case
    Name*

    Greenville Joye Law Firm Injury Lawyers attorney Davis Rice and Ian Toomey in a discussion with managing partner, Ken Harrell

    Why Acting Quickly After a Premises Liability Accident Matters

    Time affects every premises liability claim. Evidence can disappear, conditions can be repaired, and witness memories fade. Plus, South Carolina law limits the time injured victims have to file premises liability lawsuits. Missing these deadlines can end a case before it begins. Early action strengthens claims and reduces risk.

    angry dog

    Common Premises Liability Accidents in South Carolina

    Premises liability accidents occur in everyday places. National safety research shows that falls are one of the leading causes of serious injury among adults, particularly in workplaces and at home. Many of these injuries happen on poorly maintained property.

    Many of these incidents trace back to dangerous property conditions that should have been repaired or clearly warned about. Common premises liability accidents include:

    • Slip and fall accidents caused by wet floors, uneven pavement, or debris
    • Trip and fall incidents involving broken steps or loose flooring
    • Escalator and elevator accidents linked to a lack of maintenance or inspections
    • Swimming pool accidents involving missing barriers or safety violations
    • Dog bites and animal attacks on a person’s property
    • Injuries caused by poor lighting in stairwells, hallways, and parking areas
    • Structure failures such as collapsing ceilings, decks, balconies, or shelving
    • Falling merchandise in retail stores due to unsafe stacking or unsecured displays
    • Injuries resulting from negligent security, including assaults that occur because a property owner failed to provide reasonable safety measures
    • Excessive force or misconduct by security guards or bouncers on commercial property

    When property owners cut corners on maintenance or fail to protect visitors from dangerous situations, the consequences can be devastating. Victims of these accidents often face mounting medical bills, time away from work, and long-term pain, all because a hazard that should have been addressed was ignored.

    premises liability hazard cracked pavement

    How Insurance Companies Handle Premises Liability Claims

    Most premises liability claims involve an insurance company. Insurers often move quickly after an accident, not to help, but to control costs. Common insurance tactics include:

    • Blaming the injured person for the accident
    • Claiming the hazard was obvious
    • Downplaying the seriousness of injuries
    • Pressuring injury victims into early settlement offers

    When you work with our firm, your premises liability lawyer handles all communication with the insurance company, protecting you from these strategies and ensuring all communication with the insurer is documented. This allows you to focus on your recovery while your case moves forward.

    Compensation Available in Premises Liability Injury Cases

    Premises liability injuries affect more than physical health. They disrupt work, finances, and daily routines. South Carolina law allows injured people to pursue compensation for these losses. Recoverable damages may include:

    • Medical expenses and estimated future treatment costs
    • Medical bills related to surgery, therapy, and rehabilitation
    • Lost wages and lost income during recovery
    • Reduced earning ability after severe injuries
    • Emotional distress and pain related to the injury
    • Other financial losses caused by the incident

    While we move cases forward as efficiently as possible, our goal is not a quick payout. Our priority is making sure you receive just compensation that reflects the full impact of your injury. Once a case is settled, it cannot be reopened, so it’s important to get it right the first time.

    Call for a Premises Liability Lawyer in South Carolina When Property Owners Fail to Act

    Premises liability injuries happen when property owners ignore safety and shift the consequences onto others. Holding negligent owners accountable not only helps you recover, it also encourages safer conditions throughout our communities.

    Joye Law Firm Injury Lawyers has been standing up for injured South Carolinians since 1968. With more than 300 years of combined litigation experience, our attorneys have earned recognition from respected legal organizations, including selections to South Carolina Super Lawyers. Many serve or have served in leadership roles in leading legal and community organizations across the state. That experience and commitment to excellence shows in how we prepare and fight for every client.

    If you were hurt due to unsafe conditions on another’s property, legal guidance can help protect your future.  Your consultation is free, and you pay no attorney’s fees unless we recover compensation for you. Schedule a free consultation with Joye Law Firm Injury Lawyers to discuss your premises liability claim and learn how to pursue fair compensation.

    Free Case Evaluation

    Attorney Ken Harrell discussing the case with Columbia case manager Eden Fields

    Frequently Asked Questions for Premises Liability

    Can I have a premises liability claim if I was injured on someone else’s property while working?

    Possibly. If you were hurt while working on a property owned by someone other than your employer, such as a customer’s home, a business, or a job site, you may have a premises liability claim in addition to a workers’ compensation claim. This can apply when a hazardous condition, like a wet floor, poor lighting, unmarked hazards or unsafe maintenance, contributed to your injury. A lawyer can review who controlled the property and whether their negligence played a role.

    What should I do if an insurance company contacts me after the accident?

    You are not required to give a recorded statement or accept a settlement offer right away. Insurance companies often reach out early to limit their exposure. It is usually a good idea to seek a free legal consultation before providing statements or signing documents, especially if injuries or medical treatment are ongoing.

    Can I recover compensation if I was partially at fault for the accident?

    In many situations, yes. South Carolina follows a modified comparative negligence rule. This means an injured person may still recover damages as long as they are not more than 50% at fault for the accident. If found 51% or more at fault, they are barred from recovering any compensation. If the injured party is found less than 51% at fault, compensation will be reduced by the injured person’s share of fault. Insurance companies often allege the injured party is at least in part to blame for an injury, which is why hiring the right lawyer is so important.

    What if the property owner says they did not know about the dangerous condition?

    A property owner does not need actual knowledge to be held liable. Under South Carolina law, owners can be responsible if they should have known about a hazardous condition through reasonable inspection or maintenance. Long-standing issues such as broken railings, poor lighting, or uneven flooring often support this argument. Evidence showing that the condition existed long enough to be discovered is often central to these cases.

    Do I still have a case if I did not report the accident right away?

    Yes. While reporting a premises liability accident immediately is helpful, a delay does not automatically invalidate a claim. Many people focus on medical care first and report the incident later. What matters most is whether the dangerous condition existed, the property owner had a duty to address it, and the condition caused your injury. Documentation such as medical records, photographs, and witness statements can still support a valid premises liability claim even if the report came later. However, state law limits the amount of time you have to pursue a claim. An attorney can help determine the deadlines that apply in your case.

    Ken Harrell awarding a check for the scholarship program to a student

    Joye Law Annual Scholarship Program

    We are committed to helping others and giving back to the communities we serve. Among the ways, we show our commitment to community service is the Joye Law Annual Scholarship Program, which provides seven $2,000 scholarships to South Carolina high school seniors…

    Learn More
    Our Community
    Joye’s Giveaways
    Ken Harrell awarding a check for the scholarship program to a student

    Joye Law Annual Scholarship Program

    We are committed to helping others and giving back to the communities we serve. Among the ways, we show our commitment to community service is the Joye Law Annual Scholarship Program, which provides seven $2,000 scholarships to South Carolina high school seniors…

    Learn More