The tragic loss of Conway resident Wayne VanDer Plaats following his exposure to Legionella bacteria in a contaminated hot tub at his home highlights the critical importance of sellers and service providers responsibilities. As experienced personal injury attorneys who have handled numerous exposure cases, we understand the devastating impact when sellers and service providers fail to maintain safe conditions for their customers. Mr. VanDer Plaat’s untimely death from Legionnaires’ disease, allegedly contracted during what should have been a relaxing experience, serves as a sobering reminder of why proper maintenance and safety protocols are not just recommendations, but essential legal obligations.
Understanding Sellers and Service Providers Liability
Property owners, sellers, and service providers have significant responsibilities when it comes to maintaining safe conditions for visitors and homeowners. At KD Trial Lawyers, we’ve spent decades helping clients navigate complex seller and service providers matters, with our attorneys bringing many years of combined legal experience to these cases. Property owners, sellers, and service providers must exercise reasonable care in maintaining their premises and products to prevent foreseeable harm. This includes regular inspections. Property owners, sellers, and service providers should conduct thorough, periodic inspections to identify potential hazards before they cause injuries. This proactive approach helps prevent accidents and demonstrates a commitment to visitor safety. It also includes proper maintenance. Swift action in addressing identified hazards is crucial. This includes proper maintenance techniques, qualified service providers, and implementing temporary safety measures until permanent solutions can be established.
Best Practices for Property Safety
Maintaining detailed records of inspections, maintenance, and repairs is essential for demonstrating proper care of the property. These records serve as evidence of diligent property management and commitment to safety. When hazards cannot be immediately addressed, property owners, service providers, and sellers must provide clear warnings or barriers to alert visitors of potential dangers. This includes appropriate signage and restricted access to hazardous areas.
Leadership in Sellers & Service Providers Liability, Exposure and Wrongful Death Cases
Tom Killoren of KD Trial Lawyers has earned consecutive AV Preeminent Ratings from Martindale Hubbell since 2013, demonstrating the highest level of professional excellence in this practice area. He is the past President of the South Carolina Association for Justice and South Carolina Lawyers Weekly Powerlist Award Recipient, South Carolina Legal Elite, and Million Dollar Advocate – Member South Carolina Super Lawyers List to only name a few of his honors and awards. His approach of “Hard work gets good results” has proven successful in advocating for clients affected by unsafe property conditions, unqualified service providers/sellers that lead to exposure.
The Importance of Professional Guidance
Understanding premises liability law and wrongful death cases can be complex. Our firm’s extensive experience in premises liability and wrongful death cases has shown that prevention through proper maintenance and inspection is always preferable to litigation, but it doesn’t always happen. Negligence laws also vary significantly across states in several key aspects:
- States apply different standards for determining property owner liability:
- Some states follow a “reasonable care” standard requiring ordinary maintenance and safety measures.
- Others impose a “higher duty” standard with greater responsibilities for known dangers.
- South Carolina follows a modified comparative negligence system.
When facing an exposure or wrongful death case, the complexity of legal requirements, evidence collection, and insurance negotiations can be overwhelming. At KD Trial Attorneys, our extensive experience and proven track record make a crucial difference in these challenging cases. Tom Killoren and Wes Kissinger bring years of legal expertise to protect your rights and maximize your recovery. We understand South Carolina’s specific premises liability laws, including the modified comparative negligence system, and how to effectively counter insurance company tactics that might minimize your claim. Our firm’s commitment to thorough evidence collection, precise documentation, and strategic case presentation has helped countless clients secure the compensation they deserve. With our deep roots in the Spartanburg community and the Upstate of South Carolina, we don’t just handle your case – we stand beside you as dedicated advocates who understand both the legal complexities and the personal impact of your injury. Let our experience guide you through this if you have experienced a tragedy.
