Premises Liability Lawyer in Lexington, SC

South Carolina property owners have a legal duty to keep their property reasonably safe, but the level of care they owe depends on why you were there. For example, a shopper at a Lexington grocery store is owed more protection than someone who cuts through a closed parking lot after hours. Kinard Law Group handles these claims as part of our personal injury practice. Our Lexington premises liability lawyer begins each case by identifying why you were on the property when you were hurt.

How Does Your Visitor Status Affect a Premises Liability Claim?

South Carolina law places visitors into three main categories. The higher your category, the more care the property owner generally owes you:

• Invitee: A customer or someone on the property for the owner’s benefit. The owner must inspect for hazards and fix them or warn visitors about them.
• Licensee: A social guest. The owner must warn about known dangers but generally does not have to inspect for hidden ones.
• Trespasser: Someone on the property without permission. The owner generally must not harm them willfully or recklessly. Different rules may apply to children.

Store customers are usually invitees, so inspection logs and cleaning schedules are important evidence. These records can show whether anyone checked the floor shortly before you fell.

What Types of Premises Liability Cases Do We Handle?

Slip and falls are the best-known type of premises liability claim, but they are not the only kind. Our firm handles cases involving:

• Wet floors and unmarked spills in retail stores
• Broken stairs, handrails, and walkways at apartment complexes
• Poor lighting and inadequate security in parking lots
• Dock and boat ramp injuries on Lake Murray
• Swimming pool injuries at rental properties and clubs

In apartment cases, the key question is often who controlled the area where you were hurt. A landlord is generally responsible for shared spaces, such as a common stairwell. A hazard inside a rented unit may be handled differently, depending on the lease and the facts.

What Is the Deadline to File a Premises Liability Claim in South Carolina?

In most cases, you have three years from the date of your injury to file a lawsuit under S.C. Code § 15-3-530. Claims against a city, county, school district, or state agency follow different rules. Under the South Carolina Tort Claims Act, you generally have two years to file. That deadline may be extended to three years if you file a written claim with the government agency within one year of the injury. A fall on a city sidewalk or at a public school would usually follow these rules.

Where Are Lexington Premises Liability Cases Filed?

Smaller claims may be handled in magistrate court, which has a limit on how much money it can award. Larger premises liability cases in Lexington County are usually filed in the Lexington County Court of Common Pleas in the Town of Lexington. Where a case is filed matters because juries and court schedules can vary from county to county.

How Does Shared Fault Affect Your Claim?

South Carolina reduces your compensation by your percentage of fault. If you are found more than 50% responsible for your injury, you cannot recover damages. Insurance companies know this, so they may argue that you were distracted by your phone or wearing unsafe shoes.

Talk to a Lexington Premises Liability Lawyer

Our founder grew up in Lexington and has practiced law in the area for more than 30 years. Our attorneys understand how local property owners and insurance companies handle these claims. Call (803) 359-1003 or reach out to us online to schedule a review of your case.