A. Definition

• Library: Elements of Civil Causes of Action (SCBar) (2021 Ed.)

A. Definition

Premises liability is a negligence action in which the owner or occupier¹ of land is held liable for violating a duty to protect the defendant from a defect in the premises. Control of the premises is a critical issue as one who has no control owes no duty.²

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Notes:

^[1] An owner or occupier is generally the person who has control of land. Lane v. Gilbert Construction Co., LTD., 383 S.C. 590, 681 S.E.2d 879 (S.C. 2009) (contractor generally equates to invitor and assumes same duties that landowner has); Charleston Elec. Servs. v. Rahall, 427 S.C. 317, 831 S.E.2d 122 (Ct. App. 2019) (where defendant was social guest in apartment and did not possess or control any portion of property and yard where injury occurred was leased to third party who had exclusive possession and control of it, defendant owed no duty); Lanier Construction Co., Inc. v. Bailey & Yobs, Inc., 384 S.C. 275, 681 S.E.2d 909 (Ct. App. 2009) (where...