Owning property in South Carolina comes with more than just the benefits of ownership; it also brings legal responsibilities, especially when it comes to safety. Whether you own a private residence, operate a business, or manage a rental property, state law requires you to maintain reasonably safe conditions for those who enter your premises.
If someone is injured because of a hazardous condition such as a slippery floor, broken step, or inadequate lighting, you may be held legally responsible under South Carolina’s premises liability laws.
These laws are designed to ensure that property owners take reasonable precautions to prevent accidents and protect the public. Failing to meet these duties can lead to costly lawsuits, insurance claims, and even damage to your reputation.
Understanding what the law expects of you as a property owner is the first step in avoiding liability and promoting a safer environment for guests, customers, and others who visit your property.
Understanding Premises Liability in South Carolina
Premises liability is a legal concept that holds property owners accountable for accidents and injuries that occur on their property due to unsafe or defective conditions.
In South Carolina, liability is based on negligence, meaning the injured person must show that the property owner failed to take reasonable steps to prevent harm.
This area of law applies to all types of property owners, including private homeowners, landlords, retail business owners, and governmental entities.
If a visitor is hurt due to unsafe conditions, like wet floors, broken stairs, or poor lighting, the owner may be legally responsible.
Types of Visitors and the Duty Owed
South Carolina law recognizes three categories of visitors, and the level of responsibility owed by the property owner depends on the visitor’s status:
- Invitees are people invited onto the property for the owner’s benefit, such as customers in a store. Owners owe them the highest duty of care, including regular inspections and prompt remediation of hazards.
- Licensees are social guests or others legally on the property for their purposes. Owners must warn them of known dangers that aren’t obvious, but don’t necessarily have to inspect for hazards.
- Trespassers enter the property without permission. Generally, property owners owe them minimal duty, such as refraining from willfully harming them. However, exceptions exist, especially involving child trespassers and attractive nuisances.
General Duties of South Carolina Property Owners
Regardless of the type of property, owners must take reasonable steps to prevent foreseeable harm.
This includes:
- Keeping the property free from dangerous conditions.
- Performing routine inspections to identify potential hazards.
- Fixing or addressing known safety issues promptly.
- Clearly warning visitors of hidden dangers when immediate repair isn’t feasible.
Failure to fulfill these duties may lead to personal injury claims if someone is hurt as a result.
Specific Examples of Property Owner Responsibilities
Premises liability applies in many everyday situations. Here are common examples of what owners are expected to do:
- Prevent Slip and Falls
Clean up spills quickly, remove ice or snow from walkways, and use signage to warn of wet floors.
- Maintain Structural Safety
Repair broken stairs, fix loose handrails, and ensure all areas are well-lit to prevent accidents.
- Provide Adequate Security
Especially for apartment complexes, hotels, and businesses, failure to address known security risks may lead to liability in the event of criminal acts.
- Control Dangerous Animals
Pet owners must restrain aggressive animals, especially if there’s a known history of biting or threatening behavior.
- Comply with Building Codes
Property must meet all applicable construction and safety regulations to avoid being deemed inherently unsafe.
Liability for Dangerous Conditions
To succeed in a premises liability claim, an injured party typically must show that the property owner:
- Knew (or should have known) about the hazardous condition.
- Failed to fix the condition or provide a sufficient warning.
- Caused or contributed to the injury as a result.
“Constructive knowledge,” meaning the owner should have discovered the danger through reasonable inspection, is enough for liability to attach.
Attractive Nuisance Doctrine in South Carolina
Special rules apply when child trespassers are involved. Under South Carolina’s attractive nuisance doctrine, property owners may be liable for injuries to children caused by dangerous features on the property that are likely to attract them, such as:
- Swimming pools
- Trampolines
- Abandoned vehicles or appliances
- Construction sites
In these cases, the law expects property owners to take extra precautions, such as fencing off the hazard or using secure locks, to prevent children from getting hurt.
Comparative Negligence and How It Affects Claims
South Carolina follows a modified comparative negligence rule. If an injured person is found partially at fault for their injury, for example, by ignoring warning signs or behaving recklessly, their compensation may be reduced.
If they are found 51% or more at fault, they cannot recover damages at all.
This rule emphasizes the importance of gathering evidence, such as photos, witness statements, or maintenance records, to support the property owner’s position in any potential claim.
Legal Consequences of Failing to Fulfill These Duties
When property owners neglect their legal responsibilities, the consequences can be serious. They may face:
- Personal Injury Lawsuits
Victims may sue for medical expenses, lost wages, pain and suffering, and other damages.
- Increased Insurance Premiums
Liability claims can result in higher costs or even loss of coverage.
- Reputational Damage
Especially for businesses, failing to maintain safe premises can damage customer trust and community standing.
When to Consult a Premises Liability Attorney
Property owners should consider consulting a lawyer if:
- Someone has been injured on their property.
- They’ve received notice of a potential lawsuit.
- They need help understanding their legal duties and risks.
An attorney can review the facts, explain applicable laws, and advise on the best steps to protect your interests.
Don’t face this challenging time alone. Contact the Max Hyde law firm today and call us at (864) 804-6330 to schedule a free consultation.
