A premises liability claim takes place when an unsafe property condition causes an injury, from grocery-store spills to broken stairs and poor lighting.
South Carolina law allows an injured person to seek compensation when a property owner created a hazard or knew or should have known about one and failed to address it.
If you were hurt on someone else's property in the Summerville area, it may be beneficial to know the legal paths that may be open for you.
Premises liability is the responsibility a property owner or occupier has if someone is injured because of unsafe conditions on their property. It covers a wide range of incidents, including slip-and-fall injuries, falls on broken stairs, injuries from poor lighting, and negligent security.
The common thread is a hazard the owner should have managed. The claim is not that an injury happened, but that the owner failed to use reasonable care to keep the property reasonably safe for people who were lawfully there.
Negligent security claims, which involve injuries from criminal acts on someone's property, are treated differently from spill or stairway cases. In South Carolina, property owners generally are not responsible for the criminal acts of third parties unless there is a special relationship between the parties and the harm was reasonably foreseeable. These claims often depend on evidence of prior similar incidents on or near the property, and they are typically more difficult to prove than a standard hazard claim.
Most premises claims turn on notice. You generally have to show the owner had actual notice, which means they knew about the hazard, or constructive notice. Basically, you have to prove that the hazard existed long enough for a reasonable owner to find it.
A spill that sat for an hour, a step that had been broken for weeks, or a dark stairwell that went unaddressed can all support constructive notice. Evidence that fixes how long the hazard existed, such as inspection logs and surveillance video, is usually the heart of the case.
South Carolina ties the owner's duty to the injured person's status. An invitee, such as a customer at a Summerville business, is owed the highest duty of reasonable care.
A licensee, such as a social guest, is owed a somewhat lower duty, and a trespasser is generally owed only the duty not to cause willful harm. Sorting out which category applies sets the standard the owner had to meet.
A premises liability claim in South Carolina generally must be filed within three years of the injury. If you miss that deadline, the claim is typically ended.
South Carolina follows modified comparative negligence, so you can recover only if your share of fault is 50% or less, with your recovery reduced by your percentage. If more than one party is responsible, your fault is generally compared to each defendant's fault individually rather than to their combined total, which can affect whether you can recover.
Property owners often argue that the hazard was open and obvious, meaning you should have seen and avoided it. In South Carolina, this argument is typically considered as part of the fault analysis. It can reduce your recovery and, in some cases, defeat it, but it does not automatically end a claim.
| Premises claim element | What it requires |
|---|---|
| Duty | Care owed based on invitee, licensee, or trespasser status |
| Notice | Owner knew or should have known of the hazard |
| Timing | File within three years of the injury |
It is the legal responsibility a property owner can have when someone is injured by an unsafe condition the owner knew or should have known about.
The general deadline is three years from the date of the injury under S.C. Code 15-3-530.
You generally must show the owner had actual or constructive notice of the hazard and failed to fix it or warn about it.
Yes, if your share of fault is 50% or less. Your recovery is reduced by your percentage of fault.
Photos of the hazard, incident reports, witness information, and inspection or maintenance records all help show what happened.
Premises cases are built on notice and timing, and the sooner the evidence is preserved, the stronger the claim. At The Arndt Law Firm, we serve injured people across the Lowcountry and South Carolina to help them navigate their premises liability claim.
If you are dealing with one, do not hesitate to reach out to our team at (843) 287-9802. We are here to clear your doubts and help you move forward.
Last reviewed: September 2026
This post was reviewed by Jonathan S. Arndt, licensed in South Carolina since 2018.
Disclaimer: This article is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship with The Arndt Law Firm. Every case is different; for advice about your situation, speak with a licensed attorney.
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