You accepted an invitation to a backyard barbecue in Summerville, expecting an afternoon of good food and conversation. Instead, you ended up in the emergency room with a broken wrist after tripping over a garden hose hidden in tall grass.
When property owners invite guests onto their premises, South Carolina law requires them to warn about known hidden dangers that could cause harm. If you've been injured at someone else's home or property, an Anderson premises liability attorney can evaluate whether the host's negligence legally entitles you to compensation.
What Legal Duty Do Hosts Owe Social Guests?
South Carolina law classifies social guests as "licensees." These are people who enter property with permission but for their own purposes rather than the owner's business benefit. Under South Carolina Code § 27-3-10, property owners must warn licensees about hidden dangers they actually know about.
Unlike businesses that owe duties to invitees under premises liability laws, homeowners aren't required to actively inspect for hazards or maintain the property in perfect condition for social guests. Hosts also must avoid willful or wanton conduct that injures licensees. This means property owners cannot recklessly disregard guests' safety or intentionally create dangerous conditions without warning.
The key to licensee liability is actual knowledge of hidden dangers. If your friend knows about the rotted deck board on their back porch and fails to warn you before you step through it, they've breached their duty and liability attaches.
Common Accidents at Social Gatherings
Social gatherings can create opportunities for preventable injuries when hosts fail to warn guests about known hazards.
Slip and Fall Injuries
Wet floors from spills, tracked-in rain, or melted ice increase the risk of slip-and-fall injuries. Outdoor gatherings introduce hazards like uneven pavers, unmarked steps, muddy grass, and weather-related conditions.
Pool and Water Hazards
Swimming pools require hosts to exercise heightened caution. Many local codes adopt International Residential Code requirements for fencing and self-latching gates for residential pools. Beyond code requirements, hosts must warn about depth changes, slippery decks, or equipment malfunctions they know about. Drowning and near-drowning incidents can cause catastrophic brain injuries from oxygen deprivation.
The attractive nuisance doctrine may create liability when children trespass to access pools, not when invited child guests are injured. This doctrine recognizes that certain property features naturally attract children who may not appreciate the dangers they pose.
Dog Bites
South Carolina follows strict liability for dog bites. If a dog attacks someone who is lawfully on the property, the owner is liable regardless of whether they knew the dog was aggressive or had bitten anyone before. Failing to secure dogs, even friendly ones, can result in a premises liability claim if a bite occurs.
Structural Failures
When hosts know about structural problems that are not obvious and fail to warn guests, they face liability for resulting injuries:
- Deck collapses
- Stairway accidents
- Fire hazards
What Should You Do After Being Injured on Someone's Property?
The steps you take immediately after an injury significantly impact your ability to recover compensation.
Seek Medical Attention
Get evaluated by a medical professional even if injuries seem minor. Some serious conditions, like internal bleeding and concussions, don't show obvious symptoms right away.
Document the Scene
If you're physically able, photograph the exact spot where you were injured and the hazard that caused your accident. Capture multiple angles. Get witness contact information. Write down what happened while details remain fresh.
Report to the Property Owner
Tell the host what happened and follow up with a text or email describing the accident and your injuries. This creates a written record establishing the host's immediate knowledge of the incident.
Contact an Attorney Before Speaking with Insurers
South Carolina homeowners typically carry liability coverage through homeowner's insurance. Adjusters will contact you for a recorded statement, but what you say can severely damage your claim. An attorney can handle communications with insurers, investigate properly, and ensure you don't accept an inadequate settlement.
Mistakes That Could Hurt Your Claim
Certain actions after a hosting accident can undermine otherwise valid injury claims and empower insurance companies to deny or minimize your compensation. Avoiding these common pitfalls protects your right to full recovery.
Skipping Medical Treatment
Gaps in medical records give insurance companies firepower to question your injuries' severity or claim they resulted from something else.
Talking to Insurance Adjusters
Insurance adjusters ask questions designed to elicit answers they can use to deny or minimize your claim. You have no obligation to speak with them without an attorney present.
Posting on Social Media
Insurance companies monitor claimants' social media looking for content that contradicts injury claims. Set accounts to private and don't post anything about your accident, injuries, activities, or recovery.
Accepting Quick Settlements
Initial offers rarely account for ongoing medical needs, permanent limitations, lost future earnings, or full pain and suffering damages. Once you accept a settlement and sign a release, you cannot reopen your claim later.
What Compensation Can You Recover?
South Carolina law allows injured guests to pursue several categories of damages when hosts' negligence causes harm. Understanding what you can recover helps you pursue full compensation for all losses.
- Economic damages reflect measurable financial losses, like medical expenses, lost wages, and reduced earning capacity.
- Non-economic damages address how your injury diminished your quality of life, including physical discomfort, emotional distress, and permanent disfigurement.
- Punitive damages may apply in cases involving intentional conduct.
South Carolina doesn't cap compensatory damages in most premises liability cases, allowing juries to award whatever fairly compensates you for all harm suffered.
How South Carolina Law Affects Your Claim
Several legal principles shape how premises liability claims against social hosts proceed in South Carolina courts.
Comparative Negligence
South Carolina follows a modified comparative negligence rule. If you share some fault for your accident, your compensation decreases by your percentage of fault. If you're found 51% or more responsible, you cannot recover any damages.
The Open and Obvious Defense
Property owners often argue that hazards were so obvious that reasonable guests should have seen and avoided them. While this defense can limit liability, South Carolina applies comparative negligence principles, meaning "open and obvious" hazards typically reduce recovery rather than eliminate it entirely.
Special Rules for Government Property
If your injury occurred at a public park, government building, or public event, different rules apply. The South Carolina Tort Claims Act imposes shorter notice deadlines, specific claim procedures, and damages caps for injuries on government property.
Alcohol-Related Injuries
South Carolina has limited social host liability for adult guests who voluntarily consume alcohol. Generally, hosts aren't liable for injuries adults suffer due to their own intoxication at parties. However, hosts may be liable when they knowingly furnish alcohol to minors who then cause injury to others.
Statute of Limitations
South Carolina law gives injury victims three years from the accident date to file lawsuits. While this seems like plenty of time, evidence deteriorates and witnesses' memories fade. Insurance companies also take claims less seriously when you wait months to pursue them.