Every property owner, whether they run a business, manage an apartment complex, or own a private residence, has a legal duty to keep their premises safe for those who visit (invitees, licensees, and, to some extent, trespassers). When this duty is ignored and hazards remain unchecked, accidents can happen, resulting in injuries.
If you are a victim of personal injury on property, you might have the right to make a premises liability claim—legal action in which an injured party seeks compensation for harm caused by unsafe property conditions. At Johnson, Johnson, Whittle, Lancer & Staggs, our Aiken premises liability lawyers have seen first-hand how preventable these cases can be when property owners take proper care.
To better understand scenarios that lead to premises liability claims, we delve into 5 common hazards that typically result in liability claims. We’ll also explain why they’re so dangerous and help you understand your rights if you’ve been injured.
1. Slip and Fall Hazards
Slip and fall accidents are one of the most common reasons people file premises liability claims. According to the National Safety Council, more than 8.5 million people were treated for injuries caused by slips and falls at the emergency room in 2022.
The risks are everywhere:
- Wet floors from spills, cleaning, roof leaks, or tracked-in rainwater.
- Uneven flooring from loose tiles, worn carpeting, or warped wood planks.
- Loose rugs without proper non-slip backing.
- Poor lighting that hides obstacles or uneven surfaces.
In retail stores, restaurants, or even private homes, these conditions can easily cause someone to lose their footing and suffer serious injuries, including broken bones, concussions, or spinal cord damage.
For property owners, the legal standard is clear: they must take reasonable steps to identify and fix hazards promptly, or at least warn visitors about them.
That’s why documenting the scene, gathering witness information, and seeking immediate medical attention are essential steps for protecting your premises liability claim, as is the case in any personal injury claim.
2. Poor Maintenance and Repairs
When property owners neglect basic upkeep, they create an environment where accidents are bound to happen, and can ultimately lead to a premises liability claim.
Common examples include:
- Broken or missing handrails on staircases.
- Loose steps or cracked walkways.
- Unsecured shelves or displays in retail spaces that can topple over.
- Flickering or burned-out lights in common areas.
Even seemingly minor issues can lead to major injuries. A single loose step could cause a fall resulting in months of rehabilitation.
From a legal perspective, failure to maintain a property is a clear form of negligence and can lead to a premises liability claim. The key question is whether the property owner knew, or should have known, about the dangerous condition and failed to address it in a reasonable time.
3. Inadequate Security
Premises liability doesn’t just apply to physical trip or slip hazards — it can also involve failure to protect visitors from foreseeable criminal activity.
Inadequate security might include:
- Poor lighting in parking lots, stairwells, or entrances.
- Broken or missing locks on gates, doors, or windows.
- Lack of security personnel in high-crime areas.
- No surveillance cameras in areas where crime is likely.
If a lack of reasonable security measures allows an assault, robbery, or theft to occur, the property owner could be held liable. For example, a shopping center with a history of parking lot robberies that doesn’t improve lighting or add cameras may be responsible if another incident happens.
These cases often require detailed investigation, including reviewing crime statistics for the area and property maintenance records. With the above in mind, it goes without saying that victims are best placed when they work with experienced attorneys to collect this evidence for a premises liability claim before it disappears.
4. Dangerous Conditions on Outdoor Property
While hazards inside buildings get a lot of attention, outdoor areas can be equally dangerous — sometimes more so because they’re exposed to weather and wear.
Some of the most common outdoor hazards that can lead to premises liability claims include:
- Uneven sidewalks caused by tree roots, soil erosion, or poor installation.
- Potholes in parking lots that can cause trips or damage to vehicles.
- Icy or snowy walkways left untreated during winter.
- Poorly maintained landscaping that creates tripping hazards, such as exposed sprinkler heads or low-hanging branches.
- Swimming pool dangers, like slippery decking, missing safety equipment, or lack of proper fencing.
South Carolina property owners have a duty to inspect and maintain outdoor spaces just as they do interior ones. If you’ve been injured because of unsafe outdoor conditions, it’s important to follow the steps in our tips to maximize your personal injury claim — starting with thorough documentation.
5. Unsafe Construction Zones
Construction and renovation work can create particularly dangerous environments for visitors if not properly managed. Even a quick repair project can expose people to hazards like falling debris, open trenches, or exposed electrical wiring.
Common safety failures include:
- No warning signs to alert visitors of potential hazards.
- Lack of physical barriers to keep people away from dangerous areas.
- Improper storage of tools or materials in walkways.
- Failure to provide protective gear for those entering the site.
When construction sites are open to the public — such as in a store undergoing renovations — the property owner and contractor share responsibility for keeping the area safe. If you’re injured in such a setting, it’s vital to speak with a lawyer familiar with both premises liability and workplace safety regulations.
Other common causes of premises liability claims include dog bites and defective escalators and elevators.
Protecting Your Rights After an Injury
If you’ve been hurt due to unsafe conditions on someone else’s property, you may have the right to compensation for medical bills, lost wages, pain and suffering, and other damages.
However, premises liability claims can be complex, requiring proof that:
- The property owner owed you a duty of care.
- They breached that duty by failing to address a hazard.
- The hazard or dangerous condition directly caused your injury.
- That breach directly caused your injury.
Additionally, your claims are time-bound by the statute of limitation. This means that you need to collect the necessary evidence to make and prove your claim in good time, bearing in mind you risk losing your right to make a claim if the statute of limitation, which is three years, elapses.
The sooner you act, the better your chances of preserving key evidence and building a strong claim.
Our team at JJWLS is not only experienced in making premises liability claims, but it’s also passionate about helping personal injury victims receive the justice they deserve. We’ll walk you through the oftentimes difficult journey of receiving compensation — from gathering evidence to negotiating with insurance companies.
Protect Your Rights With a Premises Liability Claim
Most premises liability claims arise from hazards that could have been prevented with simple, proactive safety measures: mopping up a spill, fixing a handrail, installing better lighting, or putting up a warning sign. Unfortunately, when property owners cut corners, the cost often falls on injured victims and their families.
If you or someone you love has been injured due to unsafe property conditions — whether from a slip and fall, inadequate maintenance, lack of security, outdoor hazard, or unsafe construction zone — don’t wait to get legal help.
Call our premises liability lawyers at Johnson, Johnson, Whittle, Lancer & Staggs in Aiken, SC at (803) 649-5338 for a free consultation. We’ll review your case, explain your options, and fight to hold negligent property owners accountable.
