Who is Responsible for Unsafe Vacation Property Conditions?
If you have fallen at a vacation property, you may be eligible to recover compensation for your injuries. Sadly, injury often involves much more than medical bills, also inhibiting the injured person from providing for their family. In most cases, property owners or property managers will be held accountable for unsafe property conditions. A property owner or manager may be held legally responsible if they overlook property defects or fail to warn others about unsafe conditions.
If you have been harmed due to a property hazard, the Myrtle Beach premises liability lawyers at Kinon Law Firm would like to speak with you. We have had great success helping those who have been injured due to a property owner’s negligence and would like to put our knowledge to work for you.
Common Vacation Property Hazards
Examples of hazardous conditions on a vacation property include:
- Broken or cracked steps
- Wet or slippery floors
- Defective escalators
- Elevator door malfunctions
- Faulty wiring
- Inadequate lighting
- Slippery pool deck
- Loose grab bars in the shower
A lawyer can assess your situation to determine if a property defect was present and what evidence is available to prove your claim. If you have a valid claim against a vacation property, our legal team is more than happy to handle your matter from start to finish.
South Carolina Premises Liability Law
In most cases, the property owner, property manager, or anyone who maintains control of the property will be held legally responsible for injuries caused by a dangerous condition. However, the duty of care that the property owner or manager will owe to an injured party will depend on the victim’s classification.
Under South Carolina premises liability law, a person using or accessing property may be classified as either an:
Invitee
An invitee is a person who is allowed to be on the property through the owner’s express or implied permission. A guest at a hotel, Airbnb, or other vacation property is considered an invitee. Property owners owe invitees the highest duty of care, being expected to routinely inspect the property for defects and to warn invitees of any known risks.
Licensee
A person who has the owner’s permission to use or occupy the property for a specific amount of time is known as a licensee. The cable repairman or a guest at a social gathering are examples of licensees. Property owners owe a lesser duty of care to licensees, having to warn them of known hazards, but not being required to thoroughly inspect the property for defects.
Trespasser
Someone who does not have permission to be on the property is known as a trespasser. Property owners owe no duty of care to trespassers but cannot intentionally cause them harm. However, property owners can be held liable for trespassing children who are injured on their property under the attractive nuisance doctrine. To avoid liability, property owners should take safety measures to prevent children from accessing hazardous conditions on the property. These safety measures include putting up adequate fencing, locking gates, and covering swimming pools.
Recreational Purposes
South Carolina defines a fourth class of property users regarding recreational activities. Under SC Code § 27-3-40, a landowner cannot be found liable for a person who is injured while using the property for recreational purposes since this group is neither classified as invitees nor licensees. So, if you are using a vacation property for recreational purposes, such as fishing, hunting, swimming, or watercraft activities, you would fall under this category. However, a vacation property owner may be found legally accountable if they are grossly negligent or intentionally fail to warn the user against a hazardous condition.
Reach Out to a Myrtle Beach Premises Liability Lawyer
Being injured on a vacation property can be humiliating while also causing significant harm. At Kinon Law Firm, our team of legal professionals is dedicated to recovering maximum compensation for injured persons. Our Myrtle Beach premises liability attorneys have secured substantial settlements and awards for victims and their families and are ready to do the same for you. To learn more or to schedule your free case assessment, contact us online or by phone at (843) 488-9191 today.
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