What Is a Premises Liability Case in Charleston, SC?
Roden Law represents people injured on unsafe property in Charleston, South Carolina and throughout the Lowcountry — Mount Pleasant, Summerville, Goose Creek, and West Ashley. Premises liability is far broader than a slip-and-fall: it covers negligent security and assaults, poorly maintained stairwells and parking garages, pool and apartment hazards, and more. We handle every case […]
— Reviewed by Graeham C. Gillin, Partner, COO at Roden Law
Key Takeaways
If you were injured in a premises liability in Charleston, South Carolina, you generally have 3 years from the date of injury to file a lawsuit (S.C. Code § 15-3-530). South Carolina follows a modified comparative negligence rule — you can still recover as long as you are Modified — recover if less than 51% at fault, with your award reduced by your percentage of fault. There is no cap on compensatory damages in an ordinary South Carolina injury case. Roden Law represents Charleston injury victims on a contingency fee: the consultation is free and there is no fee unless we win.
Why Hire Premises Liability Lawyers in Charleston?
Charleston’s tourism economy means many premises injuries happen to guests at hotels, restaurants and historic properties whose owners carry substantial coverage and retain counsel quickly. Liability may sit with the operator, a management company, a maintenance contractor or the building owner, and each will look to the others.
What decides these cases is notice: proving the hazard existed long enough that a reasonable owner should have found it. Inspection records, prior complaints and surveillance all speak to that, and all have to be demanded early.
What to Do After an Injury on Someone Else's Property in Charleston, SC
- Report it to the property owner or manager in writing. Ask for a copy of any incident report. Verbal notice to whoever was on shift tends to disappear.
- Photograph the condition before it is repaired. Dangerous conditions get fixed quickly once someone is hurt — which is good for everyone except your ability to prove what it looked like.
- Work out who actually controlled the property. Owner, tenant, management company, security contractor, and maintenance vendor are often five different businesses with five different insurers. Note every name and logo you see.
- If you were the victim of a crime on the property, get the police report. Negligent security claims turn on whether the owner knew the area was dangerous. Prior incidents at the same address are usually the proof, and they are on record.
- Request preservation of surveillance footage in writing. Retention is often measured in days. Ask in writing and keep a copy of the request.
- Get medical care and keep every record. Follow through on referrals. Gaps in treatment are the most common way a serious injury gets valued as a minor one.
- Do not sign a release or give a recorded statement. The adjuster calling within days works for the property owner. Roden Law offers free consultations.
South Carolina Premises Liability Law
Types of Premises Liability Cases We Handle in Charleston
Filing a Personal Injury Case in Charleston
Filing a personal injury case in downtown Charleston means filing in the Charleston County Court of Common Pleas at 100 Broad Street, on the Tyler Odyssey-based South Carolina E-Filing system. Most cases are sent to mandatory mediation under SC ADR rules before reaching the jury trial roster, and a typical contested case takes 18–30 months from complaint to verdict.
Charleston’s peninsula geography concentrates risk on a few well-known corridors: the Crosstown (US-17 / Septima P. Clark Parkway), the Arthur Ravenel Jr. Bridge to Mount Pleasant, and the dense tourist grid around King and Market Streets, where rideshare drop-offs and carriage tours mix with out-of-state drivers. Charleston County logged more than 2,500 truck-related crashes in 2023, and the I-26/I-526 interchange just west of the peninsula recorded 354 collisions over a five-year period. Serious-injury patients from peninsula crashes are routed to MUSC Health (171 Ashley Ave) — the Lowcountry’s only Level I trauma center.
Under South Carolina law, you have 3 years to file under S.C. Code § 15-3-530, and you can recover only if you are less than 51% at fault. Shorter notice deadlines apply if SCDOT or the City of Charleston is a defendant under the SC Tort Claims Act.
Do I Have a Premises Liability Case in Charleston?
The duty owed by a property owner turns on the entrant’s legal status: invitee (ordinary care), licensee (avoid willful/wanton injury), trespasser (no willful/wanton injury). South Carolina follows common-law classifications refined in *Sims v. Giles*, 343 S.C. 708 (2000). Negligent security (third-party criminal acts) is a major sub-area: South Carolina applies a balancing test from *Bass v. Gopal, Inc.*, 395 S.C. 129 (2011). Filing deadline: 3 years under S.C. Code § 15-3-530.
Types of Compensation in South Carolina Premises Liability Cases
Standard tort damages apply with no special caps in either South Carolina or its neighboring state. South Carolina’s apportionment statute is decisive in negligent-security cases because the assailant — though typically a non-party (often unknown or judgment-proof) — must be included on the verdict form. Defense attorneys aggressively shift fault to the assailant, frequently driving the property owner’s apportioned share below the 51% bar. Plaintiffs respond by emphasizing prior similar incidents, foreseeability, and the security measures that should have been in place but weren’t.
Roden Law Premises Liability Lawyers in Charleston, SC Results at a Glance
| $300M+ | Recovered for injured clients across Georgia and South Carolina |
|---|---|
| 4.9 / 5.0 | Average client rating across hundreds of verified Google reviews from our six offices |
| 5,000+ | Cases successfully handled since 2013 |
| 62 years | Combined attorney experience across 5 office locations |
Source: Roden Law firm records and verified Google Business Profile reviews, updated August 2026.
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Recent Case Results
Results shown are gross settlement/verdict amounts before fees and costs. Past results do not guarantee similar outcomes.
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Contact Our Charleston Office Today
If you were injured in Charleston and believe another party is at fault, contact us for a free, no-obligation review. Call (843) 790-8999 — no upfront cost.