Columbia Premises Liability Attorney

Let Our Firm Hold Property Owners Liable

If you were injured on someone else’s property because of unsafe conditions, you may be entitled to compensation under South Carolina law. At Smith Born Leventis Taylor & Vega, LLC, our team of Columbia premises liability lawyers holds negligent property owners accountable and pursues the compensation available to injury victims. Whether your accident occurred in a store, apartment complex, workplace, or on public property, we’ll guide you through each step of your claim.

Call (803) 599-2207 or contact us online to request a free case review with our Columbia premises liability attorneys.

What Is Premises Liability?

Premises liability is a property owner’s legal responsibility to keep a property reasonably safe for visitors. When an owner fails to maintain safe conditions or warn visitors about hazards, an injured person may have the right to pursue a claim.

Common premises liability cases include:

• Slip and fall accidents caused by wet floors, loose carpeting, or broken stairs
• Trip and fall accidents caused by uneven walkways or poor lighting
• Negligent security claims involving assaults and inadequate security measures
• Dog bites or animal attacks on private property
• Drowning accidents involving inadequate fencing or other unsafe conditions
• Falling objects or structural hazards in stores or workplaces

If you were injured in one of these circumstances or because of another dangerous property condition, our Columbia premises liability lawyers can evaluate the facts and explain your legal options.

Premises Liability Laws in South Carolina

Under South Carolina premises liability law, a property owner’s duty depends on whether the person entering the property was an invitee, licensee, or trespasser.

• Invitees: These individuals enter the property for business purposes, such as customers in a store. Property owners owe invitees the highest duty of care and must regularly inspect the premises, correct dangerous conditions, and warn of hazards.
• Licensees: These individuals are social guests or have permission to enter for non-business reasons. Property owners must warn licensees about known dangers but don’t have to inspect actively for unknown hazards.
• Trespassers: Property owners generally owe little duty to trespassers other than not harming them willfully or recklessly. Exceptions apply, particularly in cases involving children and the “attractive nuisance doctrine,” such as swimming pools or abandoned structures that draw children onto a property.

To succeed in a South Carolina premises liability claim, you must prove that the property owner:

1. Owed you a duty of care,
2. Breached that duty by failing to maintain safe conditions,
3. Directly caused your injury through that breach, and
4. Caused damages such as medical bills, lost wages, or pain and suffering.

Because these cases involve fact-specific duties and defenses, our Columbia premises liability lawyers can explain how South Carolina law applies to your accident.

Landlord Responsibilities for Apartment Properties

South Carolina’s Residential Landlord and Tenant Act requires landlords to keep common areas reasonably safe. In buildings containing more than four dwelling units, landlords must also keep common areas reasonably clean.

Landlords must follow applicable building and housing codes affecting health and safety and make the repairs needed to keep rental premises fit and habitable. They must also maintain supplied electrical, plumbing, heating, and air-conditioning systems, appliances, and elevators in reasonably good and safe working order. These requirements can be important when an injury occurs in an apartment hallway, stairwell, elevator, parking area, or another shared space.

Government-Owned Property Claims

Claims involving dangerous property owned by a South Carolina government entity fall under the South Carolina Tort Claims Act. The Act imposes statutory notice and verified-claim procedures and generally provides a two-year filing period from when the loss was or should have been discovered.

The Act generally limits recovery to $300,000 for one person and $600,000 for one occurrence. Because government-property claims follow different procedures and deadlines from most premises liability cases, prompt review is important.

Compensation from a Premises Liability Claim

If you were injured on another person’s property, you may be entitled to economic and non-economic damages. The compensation available often depends on the severity of your injuries, their effect on your life, and the circumstances of the accident.

Potential compensation may include:

• Medical expenses, including emergency care, surgeries, hospital stays, rehabilitation, and medications
• Lost wages if your injuries prevent you from working
• Loss of earning capacity if you can no longer perform the same work as before
• Pain and suffering for the accident’s physical and emotional toll
• Permanent disability or disfigurement damages
• Wrongful death damages if a loved one died because of unsafe property conditions

Depending on the facts, damages may also include property damage, emotional distress, loss of consortium, or punitive damages in limited cases involving willful or reckless conduct.

The "Attractive Nuisance" Doctrine: Protecting Your Children

Children don’t always understand the dangers of trespassing. South Carolina law recognizes the “Attractive Nuisance Doctrine,” which holds property owners to a higher standard for “artificial” conditions that might entice a child to enter their land.

Common examples in the Columbia area include:

• Unfenced swimming pools or hot tubs.
• Abandoned appliances, such as old refrigerators, left in a yard.
• Trampolines without safety netting or locked gates.
• Construction sites with heavy machinery or open pits.

If a property owner knows that children live nearby and fails to secure these “attractions,” the owner can be held liable for resulting injuries when the danger was reasonably foreseeable, even if the child was technically trespassing.

Common Defenses Used by Property Owners

Property owners’ insurance companies often try to shift blame to the injured person. Our team at Smith Born Leventis Taylor & Vega, LLC is prepared to counter common defenses such as:

• The “Open and Obvious” Defense: The owner may claim the hazard, such as a large hole or bright spill, was so obvious that you should have seen and avoided it.
• Lack of Notice: The owner may argue that the dangerous condition appeared too shortly before the accident to allow a reasonable amount of time to discover and correct it.
• Trespassing: Although this isn’t a complete defense in every case, particularly one involving a child, an owner may argue that no duty of care was owed because the injured person entered a restricted area.

Under Callander v. Charleston Doughnut Corp., an open and obvious condition doesn’t necessarily end a claim. A property owner may still have a duty when the owner should have anticipated that a visitor would be distracted or need to encounter the hazard.

Evidence We Use to Build Your Case

Proving a premises liability claim requires prompt action to preserve evidence. When you hire Smith Born Leventis Taylor & Vega, LLC, we move quickly to secure:

• Surveillance Footage: We send “spoliation letters” directing businesses to preserve security recordings.
• Maintenance Logs: These records can show whether the owner performed the claimed inspections.
• Police and Incident Reports: These reports document the scene and any admissions of fault made at the time.
• Safety Engineering & Lighting Analysis: We work with safety engineers and lighting professionals to show how the property fell below South Carolina safety standards.
• Photographs & Witness Accounts: Images and firsthand observations can document the hazard, its location, and how long it was present.

What Happens During a Premises Liability Claim?

We begin by reviewing how the accident occurred, the resulting injuries, and who controlled the property. Before moving forward, we explain your legal options and the implications of major decisions in plain language.

We preserve available evidence, review records, interview witnesses, and determine whether the property owner had actual or constructive notice of the hazard. After documenting liability and damages, we can submit a demand for compensation and handle negotiations with the insurer or other responsible parties.

If negotiation doesn’t resolve the claim, we manage the filings, hearings, litigation, and appeals the case requires. Its duration depends on the injuries, available evidence, disputed liability, insurance coverage, and whether a lawsuit is necessary. Throughout the process, we provide regular updates by phone, text, or email.

Why Choose Smith Born Leventis Taylor & Vega, LLC?

When unsafe property conditions cause an injury, you need an attorney who understands South Carolina premises liability law. At Smith Born Leventis Taylor & Vega, LLC, we provide:

• Representation tailored to your circumstances
• Firm negotiation with insurance companies on your behalf
• Trial-ready advocacy when a case requires litigation
• Compassionate support throughout the legal process

Our attorneys bring more than 100 years of combined experience to injury claims. We have obtained multimillion-dollar verdicts and settlements, including in cases involving disputed facts, denied responsibility, and serious injuries.

We stay in contact rather than allowing weeks to pass without an update. During long and difficult cases, we answer questions patiently and make sure clients understand their options before major decisions.

We pursue justice and fair compensation while easing the burden of navigating the legal system after an accident.

Premises Liability FAQs

These answers address common questions about unsafe-property claims in South Carolina.

How Long Do I Have to File a Premises Liability Claim in South Carolina?

The statute of limitations for premises liability claims in South Carolina is typically three years from the date of injury. Failing to file within this period may prevent you from recovering compensation.

What If I Was Partly at Fault for the Accident?

South Carolina follows a modified comparative negligence rule. You can still recover damages if you were less than 51% at fault, but your compensation will be reduced by your percentage of fault.

Can I Sue a Government Entity for Unsafe Property Conditions?

Yes, but special rules apply to claims against government agencies. Deadlines are often shorter, and damages may be capped. Contact our Columbia premises liability lawyers right away.

What If I Was Injured at a Friend’s House?

You can still file a claim. In most cases, you’re seeking compensation from the homeowner’s insurance policy, not from your friend’s personal bank account.

Can I still recover money if there was a "Wet Floor" sign?

It depends. A clearly visible and properly placed sign may make negligence harder to prove. If the sign was hidden, poorly placed, or left beside an unresolved spill, you may still have a claim.

How Much Is My Case Worth?

The value of a premises liability case depends on factors such as the severity of your injuries, medical costs, lost income, and the long-term effect on your life. An attorney can evaluate your case and estimate the potential compensation.

What Should I Do After a Premises Liability Accident?

Seek medical attention immediately, report the incident to the property owner, photograph the scene, gather witness information, and contact a lawyer as soon as possible.