Premises Liability - The Law Offices of David L. Hood

Your Right to Safety on Another’s Property

When you enter a business, a public park, or a private residence, you have a reasonable expectation of safety. Property owners in South Carolina have a legal responsibility to keep their premises free of foreseeable hazards. When they fail to do so, they can be held liable for the resulting physical and emotional trauma.

At The Law Offices of David L. Hood, we handle a broad spectrum of premises liability claims that go far beyond simple falls. Property owners often try to blame the victim for not “paying attention,” but our job is to shift the focus back to the dangerous condition that should never have existed. With more than 30 years of experience, attorney David L. Hood and his co-counsel legal team investigate the history of the property to prove a pattern of neglect or a specific failure in safety protocols.

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Diverse

Types of Premises Liability Claims

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Negligence on a property can take many forms. Our firm represents clients in cases involving:

Inadequate Security:

If a business in a high-crime area fails to provide adequate lighting, locks, or security guards, they may be liable for assaults or robberies that occur on their property.

Swimming Pool Accidents:

Drownings or near-drownings caused by broken gates, lack of supervision, or missing safety equipment.

Dog Bites and Animal Attacks:

Property owners are generally responsible if their pet or an animal they keep on the premises attacks a guest.

Elevator and Escalator Failures:

Injuries caused by sudden stops, misleveling, or mechanical collapses due to poor maintenance.

Amusement Park and Playground Injuries:

Accidents resulting from broken equipment, improper ride operation, or lack of safety padding.

Toxic Exposure:

Illnesses caused by the presence of mold, lead paint, or carbon monoxide that the owner failed to address.

The Legal Status of the Visitor

In South Carolina, the duty a property owner owes you depends on why you were on the property:

1

Invitee:

A person invited for business purposes (like a grocery store customer). Owners owe the highest duty of care to search for and fix any dangers.

2

Licensee:

A social guest. Owners must warn them of any known dangers that are not easily visible.

3

Trespasser:

Someone on the property without permission. While the duty is low, owners cannot intentionally set traps or harm trespassers (especially children under the "attractive nuisance" doctrine).

Quantifying

Your Damages

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A premises liability claim is intended to make you “whole” again by providing compensation for:

Immediate Medical Costs:

ER visits, diagnostic imaging, and initial treatments.

Future Care Needs:

Long-term physical therapy, home modifications, or psychological counseling for trauma.

Lost Income:

Wages lost during recovery and any reduction in your future ability to earn a living.

Pain and Suffering:

Compensation for the physical discomfort and the loss of enjoyment of your daily life.

Why

Immediate Investigation is Critical

In premises liability cases, the “scene” can change overnight. A broken light can be replaced or a hole filled in hours after an accident.

Evidence Preservation:

We work to send "spoliation letters" to property owners, legally demanding they preserve video footage and maintenance logs.

Expert Analysis:

We often utilize safety engineers and security experts to testify about how the property fell below industry standards.

Local Knowledge:

With 18 locations across the state, we are familiar with local building codes and the history of many major commercial properties in South Carolina.

Statute of Limitations

You generally have three years from the date of the injury to file a premises liability lawsuit in South Carolina. If the injury occurred on government-owned property (like a public school or post office), the timeline and rules for filing a claim are significantly shorter and more complex under the South Carolina Tort Claims Act.

Beyond Slip and Fall Accidents