Greenville, Anderson, and Spartanburg, South Carolina and Surrounding Counties
If you have been injured on someone else's premises, the person who is in possession of those premises may be held accountable for your injuries. This form of liability is referred to as premises liability and includes any accidents that occur as a result of insufficient maintenance.
Possession of Premises
To be considered in possession of a premises, including land, a person must occupy with the intent of controlling the premises, provided that no one else has occupied with the intent to control. The person must also be entitled to occupy the premises and no one else may be in possession at the time.
The Injured Party
The possessor of the premises is responsible for maintaining the safety of licensees and invitees by performing routine inspections of the premises. Premises liability law states that the injured party may be eligible for compensation depending on the conditions under which they were occupying the premises.
If the plaintiff (injured party) was on the premises as a result of an invite by the possessor, then the possessor must provide care and warning of any risks to the invitee. If the plaintiff was licensed or permitted to be on the premises, then he also is entitled to the same care and warning from the possessor.
However, if the plaintiff was trespassing at the time of the injury without permission from the possessor, then the injured is not entitled to compensation and the possessor cannot be held responsible.
Negligence of Contracted Companies
Owners of public premises often contract other companies to perform some of their responsibilities such as security, snow and ice removal, debris removal and other maintenance. This is often referred to as negligent security. Security companies are often contracted to maintain the safety of the following areas:
- Store parking lots
- Apartment complexes
- College campuses
- Public parking garages
- Shopping malls
When personnel hired by the contracted security company fail to perform their duties, break-ins, assaults and property damages can result. In these cases, the owner is held responsible, not the contracted company.
If you or a loved one has been injured on someone else's premises and you were legally permitted to be there, you may be entitled to collect compensation for your injuries.
To schedule a free consultation, please contact the Greenville, Anderson, Spartanburg, South Carolina, and surrounding counties, premises liability attorneys of The White Davis & White Law Firm.