Premises Liability in South Carolina: What Property Owners in Charleston Owe Visitors
South Carolina's premises liability law sorts visitors into categories with different protection. Here is what Charleston property owners owe each one.
Premises liability is the body of South Carolina law that decides when a property owner is responsible for someone hurt on their property. The Supreme Court's decision in Sims v. Giles set out the core framework: the duty an owner owes depends on whether the visitor is an invitee, a licensee, or a trespasser.
Invitees: The Highest Duty
Invitees are people on the property for a purpose connected to the owner's business — customers at a Charleston restaurant, guests at a hotel on Meeting Street, patients at a clinic in Mount Pleasant. Owners must inspect for hidden hazards, correct them, and warn invitees about risks that aren't open and obvious.
Licensees: Reasonable Care Against Known Dangers
Licensees are social guests and others present with permission but not for the owner's benefit. The owner must warn them of known hidden dangers but is not obligated to inspect. A homeowner who hosts a backyard cookout in West Ashley owes the licensees warning of, say, a loose deck board the homeowner already knew about.
Trespassers: A Limited Duty
Trespassers are owed only a duty to refrain from willful or wanton injury. South Carolina has a narrow exception, the attractive nuisance doctrine, that may impose greater duties when the property contains a hazard likely to attract children — pools, abandoned appliances, construction equipment.
Landlord and HOA Liability
Charleston landlords owe tenants reasonable care in common areas, must follow the South Carolina Residential Landlord and Tenant Act, and can be liable for failing to repair hazards they knew about. HOAs and POAs (common in Mount Pleasant and Daniel Island communities) face similar liability when they exclusively control common amenities like pools, gyms, and walking trails.
Negligent Security as a Premises Claim
When a property owner in a high-crime area fails to provide reasonable security — adequate lighting, working locks, security patrols where needed — and a visitor is assaulted, that is a negligent security claim. South Carolina courts evaluate the foreseeability of the criminal act based on prior similar incidents on or near the property.
How Traywick Law Helps
Our office regularly represents clients across Charleston, Mount Pleasant, and the Lowcountry on issues like these. Learn more about our Charleston premises liability practice, or visit the main Traywick Legal Blog for additional case analysis.
Talk to a Charleston Attorney
If you have questions about how this issue affects your situation in Charleston, Mount Pleasant, or anywhere in the Lowcountry, contact Traywick Law Offices for a free consultation. Call (843) 343-5092.
Disclaimer: This article is provided for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. Every case is different — please consult an attorney about your specific situation.
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