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Keywords

contractnegligenceappealtrialverdictmotionduty of care
contractliabilityappealtrialduty of care

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Sims v. Giles, 343 S.C. 708, 541 S.E.2d 857

Facts

Angela Sims, employed by South Carolina Electric & Gas Company, was injured while attempting to read a meter on the property of Derrick Giles. The meter was located in the backyard, accessible through a wrought iron gate that had been improperly secured with a stick. Sims, unfamiliar with the route, attempted to open the gate, which fell on her after she kicked a two-by-four propping it. Following the incident, Sims and her husband sued Giles for negligence, loss of consortium, and negligent infliction of emotional distress.

At the time of her accident, Angela Sims was employed by the South Carolina Electric & Gas Company (“SCE & G”) as a meter reader. On April 18, 1995, because of a backlog, Sims was reading meters on a route she had ridden on as a passenger but was otherwise unfamiliar with the route. One of the houses on this route was owned by Derrick Giles. His meter was located on the back of his residence and only accessible through a wrought iron gate leading into his backyard. When Sims attempted to open the gate, it somehow came off its hinges and crashed on top of her.

Issue

Was Sims, in her capacity as a meter reader for SCE & G, a licensee or an invitee while on premises owned by Giles?

Was Sims, in her capacity as a meter reader for SCE & G, a licensee or an invitee while on premises owned by Giles, a customer of SCE & G?

Rule

In South Carolina, the classification of a person entering premises as an invitee or licensee determines the standard of care owed by the property owner. An invitee is owed a higher duty of care, which includes the obligation to keep the premises safe and to warn of hidden dangers.

In premises liability cases, the invitee is offered the utmost duty of care by the landowner and a trespasser is generally offered the least.

Analysis

The court analyzed the relationship between Sims and Giles, concluding that Sims entered the property in furtherance of a business purpose related to the contract between SCE & G and Giles. Since meter readers are generally considered invitees due to their role in providing utility services, the court found that Sims was entitled to the higher duty of care owed to invitees, rather than the lesser duty owed to licensees.

When a SCE & G meter reader enters a customer's property, the meter reader does so in furtherance of the contract to supply power between the landowner and SCE & G. The landowner benefits by his consumption of the power and SCE & G, in turn, benefits by knowing the rate of the landowner's use of power.

Conclusion

The Court of Appeals reversed the trial court's directed verdict in favor of Giles and remanded the case for further proceedings, establishing that Sims was an invitee entitled to a higher standard of care.

Reversed and remanded.

Who won?

The prevailing party was Angela Sims, as the Court of Appeals reversed the trial court's decision and ruled that she was an invitee, thus entitled to a higher duty of care.

The prevailing party was Angela Sims, as the Court of Appeals reversed the trial court's decision and ruled that she was an invitee, thus entitled to a higher standard of care.

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