If you’ve suffered an injury on someone else’s property, you might be eligible to file a premises liability claim. However, navigating the legal process can be complex, and even a small mistake could compromise your chances of receiving fair compensation. Many accident victims unintentionally weaken their claims due to misunderstandings or avoidable errors. By understanding the common pitfalls and how to avoid them, you can better protect your rights and maximize your chances of a successful outcome.
Understanding Premises Liability
Premises liability refers to a property owner's legal duty to maintain a safe environment for visitors. If they fail to address dangerous conditions and you’re injured as a result, they may be held accountable for your damages. These cases often stem from incidents such as slip-and-fall accidents, inadequate security, stairway defects, or unsafe conditions at stores, residences, or public spaces.
However, simply sustaining an injury on someone else’s property doesn’t automatically entitle you to compensation. You must prove that the property owner was negligent and that this negligence directly led to your injury. Building such a case takes preparation, evidence, and careful handling of your claim.
Common Mistakes That Could Harm Your Claim
To improve your chances of receiving fair compensation, it’s crucial to avoid these frequent mistakes when pursuing a premises liability claim.
1. Failing to Document the Scene
After the accident, collecting evidence from the scene may not be at the forefront of your mind, especially if you’re injured. However, failing to document the hazardous conditions can significantly weaken your claim. Property owners and their insurance companies may dispute your version of events or attempt to downplay the danger.
What to Do Instead:
- Take photos or videos of the accident site showing the hazardous condition (e.g., wet floors, poor lighting, uneven walkways).
- Capture multiple angles to provide a complete picture of the scene.
- Retain any relevant physical evidence, such as torn clothing or damaged shoes.
2. Waiting Too Long to Seek Medical Attention
Another common mistake is delaying medical treatment. Even if your injuries seem minor initially, failing to see a doctor can harm both your health and your claim. Insurance companies may argue that your injuries were preexisting or not severe enough to warrant compensation.
What to Do Instead:
- Seek medical attention immediately after the accident, even if you’re unsure about the extent of your injuries.
- Follow your doctor’s recommendations and keep detailed records of your treatment.
3. Not Reporting the Incident
Some accident victims fail to report their injuries to the property owner or manager, hoping to address the matter later. By not filing an official report, you give the defense an opportunity to claim that the incident never occurred.
What to Do Instead:
- Notify the property owner, landlord, or store manager as soon as possible.
- Ask them to create an incident report and request a copy for your records. You can also take note of their name and title for future reference.
4. Providing Too Much Information to the Insurance Company
When dealing with insurance companies, it’s important to tread carefully. Insurance adjusters often attempt to minimize payouts or find reasons to deny claims. Providing a recorded statement or admitting fault can jeopardize your case.
What to Do Instead:
- Avoid giving a recorded statement to the insurance company without consulting an attorney.
- Stick to the facts and avoid speculating about the cause of the accident.
- Never sign any documents or accept a settlement offer before discussing it with your attorney.
5. Neglecting Legal Deadlines
Premises liability claims are subject to strict deadlines known as statutes of limitations. Missing these deadlines can result in your case being dismissed, no matter how strong your evidence is.
What to Do Instead:
- Be aware of your state’s statute of limitations for filing a premises liability claim.
- Contact an attorney as soon as possible to ensure all deadlines are met.
6. Assuming You Don’t Need an Attorney
Many accident victims attempt to handle premises liability cases on their own, believing they can save time and money. Unfortunately, navigating the legal system is challenging without professional guidance, especially when going up against experienced insurance adjusters.
What to Do Instead:
- Work with a knowledgeable premises liability attorney who can guide you through the process, gather evidence, and advocate on your behalf.
- Choose an attorney with a proven track record in premises liability cases and a deep understanding of local laws.
Holding Property Owners Accountable in South Carolina
A skilled attorney can provide invaluable legal support, ensuring your claim is handled properly and maximizing your chances of receiving fair compensation. From gathering evidence and negotiating with insurance companies to representing you in court if necessary, your attorney will handle the complexities so you can focus on your recovery.
At Bauer & Metro, P.C., we have extensive experience helping accident victims successfully pursue premises liability claims in South Carolina. From hotel owners to business owners, we can help you hold these property owners accountable. Our team is committed to protecting your rights and securing the compensation you deserve.
If you’ve been injured on someone else’s property in South Carolina, you don’t have to face the legal process alone. Contact us today at (843) 920-2844 for a free consultation to discuss your case and explore your options.