in South Carolina
Slip and fall accidents are a type of premises liability case because the person who is legally responsible for the premises can be held liable for certain accidents that happen on it. It’s important to show that the property owner was negligent in maintaining their premises.
What qualifies as a slip and fall accident will depend on how the accident happened. For example, if someone did not have permission to be on a property and was trespassing at the time, then their case will not qualify. However, if you were allowed to be on the property (such as a guest at a hotel) then you may have a case. If, for instance, there was a wet spot on the floor without a warning sign, and that wet spot caused you to slip, fall, and break your ankle, then you may be able to hold the property owner liable.
Statute of Limitations
Commonly known as the statute of limitations, the deadline for filing a slip and fall case in South Carolina is three years after the date of the accident. You may no longer bring this case in court if it’s been more than three years since the accident.
To prove that someone was at fault for an accident, it must be shown that they acted without reasonably fulfilling their duty of care. The owner must have either caused the problem, known there was a problem and done nothing to fix it, or should have known about the problem and didn’t fix it. Who bears responsibility for a slip and fall accident will depend on who owns the property, among other factors.
If the accident happened on the property of a private individual, you may be able to hold the homeowner or property owner liable. With the help of a personal injury lawyer, you must be able to show that they were at fault for the accident.
Accidents often happen at businesses, especially when those businesses aren’t maintained properly. Whether it’s in the parking lot, the bathroom, or somewhere else on a business’ property, if you had a slip and fall accident, you may be able to hold the business liable.
Sometimes government properties are not properly maintained. Bringing a case against the government may mean that you have to file sooner than in a typical slip and fall accident. Speak with an experienced personal injury attorney to find out more.
You may have been careless when the slip and fall accident occurred. For example, if you were using your phone or walking in an area that a “reasonable” person would have considered dangerous, then that may affect your case.
in South Carolina
South Carolina is a modified comparative negligence state. This means that if you were careless and partially at fault for the accident, then the compensation you could receive will be reduced.
For example, if you were distracted and on your phone when the slip and fall accident happened, the insurance adjuster or court may find you 25% at fault for the accident. In that case, your total compensation would be reduced by 25%. So if you were awarded $10,000 in damages, you would only receive $7,500 because of the percentage that the accident was due to your negligence.