Peters K. Lashmet, II v. Continental Realty Corporation

Date: 06-24-2025

Case Number: 24-cv-0325

Judge: Bruce Howe Hendricks

Court: United States District Court for the District of South Carolina (Charleston County)

Plaintiff's Attorney: Ryan James

Defendant's Attorney: William Horvath

Description: Charleston, South Carolina persnal injury lawyer reprsented the Plaintiff on a premises liability law theory.

this case was filed in the Charleston County Court of Common Pleas, 2024CP1002190, and was removed to federal court by the Defendant.

In South Carolina, premises liability law holds property owners and occupiers responsible for injuries sustained by visitors due to unsafe conditions on their property. This legal framework establishes a duty of care for property owners to maintain a reasonably safe environment for visitors. If a visitor is injured because of the owner's negligence in failing to address hazardous conditions, the injured party may be able to file a premises liability claim to seek compensation.

Key aspects of South Carolina premises liability law:

Duty of Care:

Property owners have a duty to maintain their premises in a reasonably safe condition. This includes inspecting the property for hazards, repairing or mitigating dangerous conditions, and providing adequate warnings.

Negligence:

Liability under premises liability law is based on negligence, meaning the injured party must prove the property owner failed to exercise reasonable care in maintaining a safe environment.

Visitor Status:

The extent of the property owner's duty of care can depend on the visitor's status (invitee, licensee, or trespasser).
Examples of Premises Liability Cases:

Common examples include slip and fall accidents, injuries from falling objects, swimming pool accidents, and injuries caused by inadequate security.

Attractive Nuisance:

South Carolina law recognizes the attractive nuisance doctrine, which can hold property owners liable for injuries to children who are attracted to dangerous conditions on their property, such as swimming pools or construction sites.
Dog Bites:

In South Carolina, dog owners are strictly liable for injuries caused by their dog bites.

In essence, premises liability law in South Carolina aims to ensure that property owners take reasonable steps to prevent injuries on their property and to hold them accountable when they fail to do so, leading to harm to others.

Outcome: Motion for summary judgment granted.

Plaintiff's Experts:

Defendant's Experts:

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