Slips and falls can happen anywhere, whether on public sidewalks, in retail stores, restaurants, workplaces, or private residences. While some of these incidents are accidental, there are times when they occur because property owners or managers fail to maintain safe conditions.
Unfortunately, these incidents can lead to anything from minor bruises to severe injuries, such as fractures, spinal cord damage, or traumatic brain injuries.
In the aftermath, you might have to deal with medical expenses, a loss of income due to your inability to work, and physical and emotional suffering. Most of the time, these accidents are preventable and often caused by the negligence of the property owner or other responsible parties. In these situations, you might be entitled to compensation.
If you’re hurt or someone close to you suffered life-altering injuries in an incident like this, then consider reaching out to us at The Solomon Law Group, LLC for a complimentary consultation. A Charleston slip and fall lawyer in our office can discuss your injury incident with you and the rights you have under South Carolina law.
Understanding South Carolina Premises Liability Law
According to the National Floor Safety Institute, over 8 million trips to the emergency room each year are fall-related, which makes these incidents one of the leading causes of hospital visits.
When you fall at another person’s home, business, or other property, this generally constitutes a premises liability claim. Under these related laws, property owners and occupiers are responsible for accidents and injuries on their property due to unsafe conditions. These parties have a duty of care to ensure that their premises are reasonably safe for visitors, tenants, customers, and others who legally enter their property.
Why Slips, Trips, & Falls Occur in Charleston County
When the responsible parties ignore hazards that should be addressed, slip and fall incidents can happen. Some of the most common reasons for slip and fall accidents in Charleston include:
- Wet or slippery floors
- Uneven surfaces or flooring
- Loose rugs or mats
- Spills not cleaned up promptly
- Poor lighting
- Cluttered walkways
- Broken or uneven stairs
- Worn or damaged flooring
- Greasy or oily surfaces
- Damaged or non-existent transitions between different types of flooring
- Sloped surfaces without proper traction
- Poorly maintained sidewalks or parking lots
Have You Suffered Any of These Injuries in a Fall in the Low Country?
Unfortunately, when someone falls, especially on a hard surface, it can cause substantial physical trauma. Many people will try to break the fall with their hands or legs, leading to even more serious injuries.
If you have suffered any of these injuries on another person’s property, you may be able to take legal action to recover compensation for the damages you sustained. The following injuries quite commonly result from Charleston in slip and fall accidents:
- Wrists, arms, and hip injuries
- Muscle strains
- Concussions and other types of traumatic brain injuries (TBIs)
- Herniated discs or spinal fractures
- Scrapes or bruises, especially on the hands, knees, and face
- Hip fractures, especially in older adults
- Whiplash or other neck strains
- Anxiety or fear of falling again, especially in older individuals
Consulting with an experienced Charleston slip and fall lawyer can help you understand your legal options. In many cases, if there was an element of negligence that contributed to your fall, you may be able to seek compensation from the responsible parties for any harm you suffered.
What Negligence Is and Its Impact on Your Charleston Slip and Fall Case
Negligence is a legal concept that is critically important when determining liability in slip and fall cases. In these situations, you and your Charleston slip and fall attorney need to prove that the property owner or responsible party failed to uphold their duty of care. You must show that breaching this duty led to unsafe conditions.
The elements of negligence you must be able to prove to have a successful insurance claim or civil lawsuit following a slip and fall accident in Charleston, SC, include:
Duty of Care
All property owners or their management are responsible for maintaining the premises. They have a legal obligation to make sure their South Carolina property is reasonably safe for visitors. These duties often involve inspecting their land and buildings for hazards, addressing dangerous conditions, such as spills, and providing adequate warnings of potentially harmful circumstances.
Breach of Duty
A breach or violation happens when the responsible party fails to act as a reasonable person would under similar circumstances. In a slip and fall case, this could involve failing to clean up a spill, ignoring safety warning regulations, or neglecting to repair a hazard.
Causation
When that breach occurs, accidents happen. In slip and fall cases, you need to show that the violation was connected to your injury. For example, you may have slipped on a wet floor because the owner failed to clean the area.
Damages
The last part of the claim focuses on damages or some losses you have suffered. You must have suffered actual harm as a result of the slip and fall. These can include medical expenses, lost wages, and pain and suffering.
In these cases, you will need substantial evidence to show that the other party acted in a manner to cause your injuries and damages. You may need to collect evidence such as the following to do this:
- Photographs of the hazardous conditions, such as wet floors, cracked sidewalks, or broken handrails
- Witness testimony from people who saw the accident or were aware of the dangerous condition
- Surveillance footage showing the fall and the condition of the premises
- Maintenance records or logs demonstrating a lack of regular upkeep or repairs
If you have any questions about whether you have a valid claim or not, make sure to contact the legal team at The Solomon Law Group, LLC. There’s no cost associated with meeting with our slip and fall attorneys in Charleston to discuss your potential injury case.
Who Can Be Responsible for These Fall Accidents?
In South Carolina, liability for a slip and fall accident focuses on the legal concept of premises liability. Often, the liability lies with the property owners, but other parties can also be responsible for the incident.
Both residential and commercial property owners must keep their properties free from hazards. For example, commercial property owners need to maintain safe conditions on their property. These duties include addressing hazards like wet floors, uneven surfaces, or poor lighting that could lead to a slip and fall.
Along with that, residential property owners also have the same responsibility. Homeowners or landlords can be held liable if a tenant or visitor is injured due to unsafe conditions they knew about or should have known about and failed to fix.
If the property is managed by a third party, such as a property management company, they could share some responsibility for maintaining safe conditions. Once again, they could be liable if they fail to address known hazards.
Business owners and their tenants could be responsible for these accidents. They need to make sure the property is safe for all visitors, whether outside the business or inside the leased space. Some of these responsibilities include cleaning up spills and making sure that walkways are clear. When they fail to do this, it could lead to a lawsuit.
If a slip and fall in Charleston, SC occurs on public property, such as a sidewalk, park, or city, county, or state building, a government entity may be liable. However, filing a claim against these parties could involve specific procedures and limitations.
Liability for a slip and fall accident can be complicated. In many situations, there could be multiple liable parties. Your case may require a detailed investigation to determine who is responsible. You may want to consult a lawyer experienced in South Carolina premises liability law to help with your claim.
A Charleston Slip and Fall Lawyer Is Ready To Assist with Your Case
In South Carolina, these types of cases can be quite complex. For that reason, you will want an experienced slip and fall lawyer in Charleston to assist you with your claim.
When you file a personal injury claim, you may be able to recover compensation for medical bills, rehabilitation costs, lost wages, and pain and suffering since all homeowners and business owners must maintain safe properties to prevent accidents and injuries. When they fail to do so, then they should be accountable for any injuries, damages, and other losses suffered as a result.
At The Solomon Law Group, LLC, we are ready to help. If you would like to learn more about the validity of your claim and the potential for compensation, schedule a consultation with a Charleston slip and fall lawyer today.
