South Carolina Premises Liability Lawyer
Injuries can happen anywhere, even in places we assume are safe. If you were hurt on someone else’s property in South Carolina because it was not kept reasonably safe, you may have a premises liability claim. Joe Cunningham Law is here to help you pursue it.
Premises liability is more than a slip and fall.
Property owners, both commercial and residential, have a duty to keep their premises reasonably safe. When they fail and someone is hurt, a range of claims can follow.
- Slip-and-fall and trip-and-fall accidents — the most common premises cases
- Negligent security — assaults and preventable injuries from inadequate security
- Swimming pool accidents, including cases involving children
- Dog bites and animal attacks — see dedicated page
- Elevator and escalator accidents
- Toxic exposure to hazardous chemicals or substances
- Fires caused by a property owner’s negligence
- Injuries at stores, restaurants, apartments, hotels, parking lots, and sidewalks
Premises liability is not limited to businesses. Residential property owners also owe legal duties to the people they invite onto their property. If you were hurt on someone else’s property, call us for a free evaluation.
Your rights depend on why you were on the property.
South Carolina sets a property owner’s duty of care by the visitor’s legal status, and it limits how fault is shared. These rules decide whether, and how much, you can recover.
Duty of Care by Visitor Status
Invitees, such as store customers or clients, are owed the highest duty. Owners must keep the property reasonably safe, repair known dangers, and warn of known hazards. Licensees, such as social guests, must be warned of known dangers they are unlikely to discover themselves. Trespassers are generally owed only a duty not to willfully or wantonly injure them.
Child trespassers are treated differently under the attractive nuisance doctrine. When a property has a hazard likely to draw children, such as a swimming pool or trampoline, the owner can be liable for injuries a child suffers from it.
Comparative Negligence SC Code §15-38-15
South Carolina follows a modified comparative negligence rule. You can still recover as long as your share of fault is 50% or less, and your damages are reduced by your percentage of fault. Property owners and their insurers routinely try to shift blame onto the injured person, precisely because pushing you past 51% eliminates the claim entirely.
Statute of Limitations SC Code §15-3-530
You generally have three years from the date of injury to file a premises liability lawsuit (exceptions apply). Claims against a government entity are different: you must file a formal notice of claim within two years, the entity has 180 days to respond, and any lawsuit still must be filed within three years of the incident.
Liability is rarely limited to one party. Owners, tenants in control of the property, property managers, maintenance companies, contractors, and even government entities can share responsibility. Each additional liable party can mean additional insurance coverage.
From free review through settlement or trial.
Premises cases turn on proving a dangerous condition existed, the owner knew or should have known, and it caused your injury. Evidence disappears quickly, so early action matters.
Free case evaluation
We review where and how you were hurt, your visitor status, and who controlled the property, then explain your options at no charge.
Investigation and evidence
We request maintenance records, prior incident reports, and surveillance footage before it is overwritten, photograph the hazard, and interview witnesses.
Establishing liability
We identify every potentially responsible party and work with experts to show the dangerous condition existed and the owner knew or should have known about it.
Medical records and damages
We analyze your medical records, document the full extent of your injuries, and account for future care, lost income, and the impact on your daily life.
Negotiation with the insurer
We handle all communication with the property owner’s insurer and negotiate assertively for a settlement that reflects your actual losses.
Settlement or trial
Most cases settle. If insurers will not offer fair compensation, Joe is prepared to file suit and try the case. You pay nothing unless we recover.
Economic damages
- Medical expenses and future medical costs
- Lost wages and time off work
- Loss of earning capacity
- Property damage costs
Non-economic damages
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium
How we value your claim
We document every category of loss, from emergency care and future treatment through lost income and the lasting impact on how you live. We do not quote settlement ranges. Your individual case documentation, not a formula, determines your recovery.
A trial attorney who keeps you informed and is ready to go to court.
As a former U.S. Congressman, Joe Cunningham built his reputation on a people-first approach, and he brings that same client-focused mentality to his legal practice.
Joe keeps clients informed on every development, gives honest and straightforward advice, and helps you decide whether a settlement offer is truly in your best interest. If insurers refuse to offer fair compensation, he does not hesitate to take them to court.
Hear from a client we helped.
“I met with Joe and Aaron, and they got right to work.”
Questions we hear before every first call.
Any injury caused by an unsafe condition on someone else’s property. That includes slip-and-fall and trip-and-fall accidents, negligent security, swimming pool accidents, dog bites, elevator and escalator failures, toxic exposure, and fires caused by an owner’s negligence. It applies to both commercial and residential property.
Yes. South Carolina sets the owner’s duty by your status. Invitees, like customers, are owed the highest duty. Social guests (licensees) must be warned of known hidden dangers. Trespassers are generally owed only a duty not to be willfully injured, though children are protected more broadly under the attractive nuisance doctrine.
You can still recover under South Carolina’s modified comparative negligence rule as long as your share of fault is 50% or less, with your damages reduced by your percentage. Insurers often exaggerate your fault to push you past 51% and defeat the claim, which is why documenting the hazard early matters.
Often more than one party. Depending on the facts, liability can fall on the property owner, a tenant in control of the space, a property management company, a maintenance contractor, a construction company, or a government entity for public property. We identify every source of potential coverage.
Generally, that a dangerous condition existed, the owner knew or should have known about it, they failed to fix it or warn you, and it caused your injury. Maintenance records, prior incident reports, and surveillance footage are often key, and they can disappear quickly, so acting early is important.
Generally three years from the date of injury under SC Code §15-3-530 (exceptions apply). Claims against a government entity require a formal notice of claim within two years, with the lawsuit still filed within three years. Missing a deadline can permanently bar your claim.
Medical expenses and future medical costs, lost wages and reduced earning capacity, property damage, pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium. We document every category, not just the bills you have already paid.
Nothing upfront. Joe Cunningham Law works on contingency, so we only get paid if we recover compensation for you. If we don’t win, you don’t pay.
Talk to a South Carolina Premises Liability Lawyer — Free Consultation
Injured on someone else’s property in South Carolina? Contact Joe Cunningham Law. Free consultation. No fee unless we recover for you.
Charleston, S.C. 29407
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