Premises Liability Attorneys in
Myrtle Beach, South Carolina

Slips, Trips, and Falls

Some of the most common types of premises liability accidents are slips, trips, and falls. These accidents can lead to significant and life-changing injuries. Premises liability accidents happen on someone else’s property, such as in a parking lot, a retail store, restaurant, or any other business held open to the public, or at a private residence. If you are on the property of another for a business purpose, for example shopping in a retail store, your legal status in the property is that of an “invitee.”

If you are on the property for a social purpose, such as at a friend’s house for a party that you were invited to attend, your legal status on the property is that of a “licensee.” Owners and occupiers of property owe legal duties to both invitees and licensees upon their property.

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Duties of Property Owners in South Carolina

A greater duty is owed to an invitee than a licensee. Thus, your legal status on the property, at the time of the accident, determines the legal duty owed to you by the owner/occupier of the property. “[T]he basic distinction between a licensee and an invitee is that an invitee confers a benefit on the landowner.” A landowner’s duty to a licensee is different from the duty owed to an invitee, because a landowner does not owe a duty to licensees “to search out and discover dangers or defects in the land or to otherwise make the premises safe.” As such, a landowner owes a greater duty of care to an invitee than he does to a licensee.

Elements of a Premises Case in South Carolina

In South Carolina, a property owner is not strictly liable for a customer or visitor’s safety. To recover compensation in this type of case, the following must be shown:

  1. The liable party is responsible for the upkeep/maintenance of the property.
  2. They knew, or should have known, about the hazardous condition upon the property.
  3. The property owner failed to make the property safe by fixing the hazardous condition, within a reasonable time, or place warning signs to warn of the hazard.
  4. The unsafe condition on the property caused the accident.
  5. The injured person suffered recoverable damages.
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Man in wheelchair receiving help from a doctor

Common causes of slip, trip, and fall injuries include the following:

Other premises liability cases include:

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Failure to provide adequate security

Apartment complexes, offices, stores, hotels, and other public places, may be held liable for failing to provide adequate security, if serious injury, such as an assault, occurs that could have been prevented, if adequate security was provided.  Similarly, sponsors and organizers of large events, such as concerts or sporting events, may be held liable for accidents and injuries caused by failure to provide adequate security and/or crowd control control.

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Falling merchandise or debris

Store shelves that have been overstocked, or poorly stacked, may cause injuries if the items fall onto customers.   In such a scenario, the store may be held liable.  For example, if a shopper is hit on the head by a falling can of soup, while shopping in a grocery store aisle, the store may be liable, if the shelves were stocked in poor or dangerous manner.

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Premises liability cases can be complex, due to possible insurance coverage issues, as well as confusion about who may be legally responsible for the accident. If you have been injured as a result of a slip and fall accident, contact us.

The attorneys at The Reed Law Office have handled many serious premises liability cases. You can rely on the attorneys of The Reed Law Office to put our experience, skills, and resources to work to safeguard your rights, protect your interests, and obtain maximum compensation for your injuries and losses.