(843) 374-4529
Slipping and falling on someone else’s property is likely to be a terrifying experience that can leave you seriously injured. Because recovering on the full scope of your losses is important to your health outcome, you shouldn’t wait to consult with an experienced Kingstree slip and fall accident lawyer at the Law Office of Cezar McKnight.
Slip and Fall Accidents
Every slip and fall accident has its own specific set of circumstances, but they are often caused by slipping hazards like the following:
- Uneven, cracked, buckled, or otherwise poorly constructed or maintained outdoor walkways or parking lots
- Inadequate indoor or outdoor lighting
- Awkward transitions from outdoor spaces to indoor spaces or from space to space
- Transitions from higher to lower ground that are not clearly marked
- Spills or slippery debris that are not cleared away within a reasonable amount of time
- Poorly maintained or designed stairways
- Floor coverings that are frayed, torn, bunched, or otherwise badly worn
If you slip and fall on someone else’s property, it’s time to consult with a trusted slip and fall accident attorney.
Property Owners Have a Responsibility to Your Safety
The fact is that both commercial and private property owners have a firm responsibility regarding your safety, and this includes effectively addressing slip and fall hazards.
Commercial Property Owners
Commercial property owners have a serious responsibility regarding the safety of their guests, visitors, and customers. This extends to proactively identifying risk factors and taking the reasonable actions necessary to rectify them.
Reasonable in this context means doing what other reasonable commercial property owners would have under similar circumstances. It also means not engaging in practices that one’s reasonable peers wouldn’t have.
When a slip and fall hazard – or any risk factor – is identified, prompt action must be taken. And when the issue cannot be addressed within a reasonable amount of time, commercial property owners and managers are responsible for effectively warning their guests. Slipping and falling is a serious concern that commercial property owners are required to take seriously.
Private Property Owners
Private property owners also bear a responsibility to your safety when you visit, but it does not reach the same standard. On private property, owners are responsible for effectively addressing known slip and fall hazards and for effectively warning guests regarding risk factors that can’t be resolved in a timely manner.
Private property owners do not have the same duty to inspect for issues that could lead to slip and fall accidents. If the private property owner knows about or reasonably should know about the problem, they bear responsibility.
Frequently Asked Questions
What should I do immediately after a slip and fall accident in South Carolina?
If you have been in a slip and fall accident , seek medical attention as soon as possible, even if your injuries do not seem serious. Notify the property owner, store manager or responsible employee of the incident and ask that an incident report be filled out. Take pictures of the hazard, surrounding area of the hazard and any visible injuries. If anyone saw the fall, get their contact information. These steps can help preserve important evidence if you decide to pursue a personal injury claim.
Can I sue a business if I slip and fall inside a store in South Carolina?
You might have a premises liability claim if your fall and injuries resulted from a business’s negligence. For example, a store may be liable if employees fail to clean up spills, to remove merchandise from walkways, to repair damaged flooring or to give adequate warnings about dangerous conditions. But just because you fall into a business doesn’t make the business liable. You generally must establish that the business failed to meet its legal duty and that this failure caused your injuries.
How do I prove a property owner was responsible for my slip and fall injury?
Generally, to prove liability, you must prove that a dangerous condition existed, that the property owner or responsible party knew or should have known of the condition, and that reasonable steps were not taken to correct the hazard or warn visitors of it. Evidence may include surveillance video, maintenance records, inspection logs, photographs, witness statements and incident reports. The length of time a hazard existed and whether employees had an opportunity to address it can be particularly important.
What types of injuries can qualify for a slip and fall lawsuit?
Slip and fall accidents may result in more than just minor bruises. Common injuries include broken bones, sprains, torn ligaments, back injuries, spinal damage, head injuries, and traumatic brain injuries. Older adults can be particularly vulnerable to falls. If another party’s negligence caused your injuries, you may be able to pursue compensation for medical treatment, lost income, rehabilitation, pain, and other related losses.
Can I still recover compensation if I was partially responsible for my fall?
Perhaps. South Carolina follows a modified comparative negligence system, allowing an injured party to recover damages under certain circumstances even if they bear some responsibility for an accident. Depending on the percentage of fault of the injured person under the applicable legal standard, any recovery may be diminished. The insurance company may claim you were distracted, that you ignored a warning sign, or that you should have seen the hazard. An attorney can evaluate the evidence and help challenge unfair attempts to shift blame.
Turn to an Experienced Kingstree, SC, Slip and Fall Accident Attorney for the Help You Need
Cezar McKnight at The Law Offices of Cezar McKnight is a formidable Kingstree slip and fall accident lawyer who is well prepared to unleash the full force of his legal skill and insight on your behalf. Your claim is important to your recovery, so please don’t wait to contact us online or call us at 843-374-4529 today.