A premises liability claim is used when you get injured on another person’s property and their negligence lead to your injuries. For example, handrails that wobble, stairwells that are too dark to see, cracked curbs, shelves stacked too high and dogs that bite can all cause visitors injury. In such situations, the owner knew—or should've known—about the danger and should have fixed it or posted a proper warning.
Columbia is no stranger to premises liability claims. Property owners are legally required to maintain safe spaces, but too many don't bother. Aging buildings where steps are falling apart. Parking lots with potholes so deep they'll break your ankle. Stores that spot spills and leave them until somebody slips.
If you’ve suffered a serious fall on somebody's poorly maintained property, you'll want a knowledgeable premises liability lawyer in Columbia who knows the state’s premises liability laws. Property owners and insurers are going to fight you, and having a good lawyer on your side can make all the difference to your claim.
What Counts as a Premises Liability Case?
There are a couple of elements to premises liability claims. Something dangerous on the property, you had every right to be there and the owners failed to keep spaces reasonably safe. If there was something they couldn’t fix right away, they have a duty to warn people.
Details like whether the owner ran regular inspections, whether someone had complained before, and how long the hazard was left unfixed matter in filing a claim.
What to Do Right After You're Hurt
If you’ve been hurt on someone else’s property, you’ve got to take care of yourself first. Get a medical checkup even if you feel fine. Typically, when you’re injured, adrenaline levels spike and can hide pain.
That’s why it’s important to get looked at immediately. Otherwise, injuries might show up later and be aggravated.
If you can, take pictures of the place you fell. Get photos of the hazard that caused your fall from different angles. Capture the area so anyone would understand where the accident happened. A wide shot plus a close-up works.
Reporting the Incident
Track down the manager, owner, or whoever runs the place. Explain what happened. Ask for an incident report. Don’t guess causes, apologize, or argue. Jot down their name, the date, and time of the incident. If you see any security cameras in the area, ask the establishment to save the footage before it’s erased.
Evidence That Actually Matters
You need pictures of what went wrong. Inspection records proving the owner should've known, statements from folks who saw it or complained before and medical records like prescriptions, therapy schedules, appointments can serve as solid evidence. These records help prove what damages occurred and what treatment you needed.
Insurance companies love gaps in medical records. A missing week means they'll argue your injuries weren't serious. It’s important to keep everything organized.
How Property Owners Are Held Responsible
You will have to prove the owner didn't care for their property properly. Maybe people complained and nobody fixed it. Maybe inspections never happened. Maybe the owner caused the problem through shoddy repairs.
Store customers and invited guests get the strongest protections for such accidents. Owners must fix known hazards and address dangers they'd find through proper maintenance.
What You Can Recover
Victims of premises liability claims are eligible for compensation for any injuries or inconveniences that directly resulted from the accident. This includes things like:
Compensation also covers the impact your injuries have on your daily life. For example, pulling on a shirt, scrambling eggs, hauling bags from the car—everything takes forever and hurts. Write down what you skipped, pain levels, and which activities became impossible. The more detailed the documentation, the better your claim.
Key Takeaways
