Key Factors That Contribute to Premise Liability
Accidents occur all the time. If someone receives an injury while on your property, that person may hold you responsible, which could result in a personal injury case.
In such instances, premise liability is sure to play a major part in the outcome, and it is important you understand the concept. A few key factors contribute to premise liability.
Classification
There are different classifications of persons who step onto a property. In the state of South Carolina, these individuals belong in one of four categories:
- Invitees
- Licensees
- Adult trespassers
- Children
It is possible to belong to more than one category at different times. The type of classification at the time of the incident determines the standard of care the property owner must uphold.
Standard of care
The South Carolina code of law title 27 chapter 3 denotes the landlord’s liability according to the classification of the injured party. Individuals may view the standard of duty as a sliding scale. The property owner owes the invitee the greatest level of care, whereas less care is required concerning an adult trespasser, and the standard for a licensee is in the middle. Even if a child is a trespasser, in most cases, the proprietor must show a duty of care for a child similar to an invitee or licensee.
Negligence
In most personal injury cases, the level of negligence has to do with a party’s actions that are negligent. In the case of premise liability, it is more so the lack of precautionary measures to meet the proper standard of care, which results in the injury. For example, in the case of adult trespassers, not having visible signage on the property notating dangerous conditions may result in the landowner being held negligent.
As you can see, premise liability can be complex. Take your time to research and fully understand the concept so you may determine your best course of action.