How Is Negligence Proven in a South Carolina Premises Liability Lawsuit?

A successful premises liability lawsuit can provide you with compensation if you are hurt on another’s property. As the injured party, you have the legal burden of proving the property owner was negligent.

While you might understand “negligence” to mean “carelessness,” the legal term is more nuanced. It can be challenging to know how you and your premises liability lawyer can prove its existence.

Defining Negligence in South Carolina Premises Liability Cases

Legally, negligent conduct is any act or failure to act that violates a legal duty in a way no objectively reasonable person would. When such behavior causes an injury to a guest or customer, a premises liability claim can proceed.

The legal duties a property owner owes you depend on your legal status on the property.

5 Ways to Prove Negligent Conduct in Your Premises Liability Suit

Gathering and presenting evidence that establishes what the property owner did or did not do before your accident is the way to prove negligence. You and your premises liability attorney can show a court an owner’s negligence with several types of evidence.

1. Photographs

Photographs and still images of a hazard that caused your injury visually depict its nature, size, and location. This information can convince a judge or jury that the owner was negligent if they did not clean up the danger or warn you about it.

2. Video Footage

Videos from surveillance cameras have many of the same benefits as photographs. Additionally, video footage can show how long a dangerous condition was allowed to persist. Videos can also help a court understand how isolated or prominent a hazard was.

3. Witness Testimony

Eyewitnesses can testify to how they saw your accident unfold and any steps the property owner took beforehand to prevent it. Witnesses can also be helpful in repeating any inculpatory statements the owner made after the injury. Such statements could demonstrate the owner’s awareness of the hazard.

4. Incident Reports

Depending on where your injury took place, the property owner, law enforcement, or others may complete an incident report. These reports attempt to explain how your accident happened and can include details about what a property owner did or failed to do before your accident.

5. Medical Records

Your medical file not only contains documentation about the severity of your injuries but also the history you gave to medical staff. Your history is your recollection of what happened that led to the harm you suffered. These records may be the freshest account of what you remember experiencing.

The Benefits of Retaining a South Carolina Premises Liability Lawyer

It takes time to collect evidence. Also, there are rules and procedures regarding how and when it can be used to support your claim. An experienced premises liability attorney can accomplish these critical tasks for you, leaving you free to focus on your recovery.

FAQ

When Is a Property Owner Negligent in South Carolina?

The exact duties an owner must meet can differ from case to case. For a retail establishment, owners must generally make reasonable inspections of their property and look for dangers. If they find any, they must either fix them or warn you about them.

Why Do I Have to Prove a Property Owner Was Negligent to Receive Compensation?

South Carolina law only imposes liability on a property owner for damages if the available evidence shows it is more likely than not that the owner’s negligence led to your injuries. Unless the owner admits their liability, the law makes it your responsibility to prove their culpability.

What Compensation Would a Negligent Property Owner Have to Pay?

A successful premises liability lawsuit can lead to you receiving compensation for your medical bills, lost wages, and other economic and non-economic harm. After meeting with a knowledgeable attorney, you can better understand the damages you could receive in your case.

Contact Clore Law to Learn More

If you were hurt while at a store, business, or another person’s property, you could be entitled to compensation for your injuries. Reach out to the South Carolina premises liability lawyers at Clore Law. We’ll review your situation, determine whether you have a case, and work to get you the compensation you deserve.