When you enter another person’s property, the property owner, landowner, or business owner assumes the responsibility of keeping you reasonably safe. Even if you noticed the hazard before your slip and fall accident, you may be able to recover damages for losses suffered as a result of the accident.
To win and get compensation for your slip and fall claim, you must show that those accountable for the maintenance of the property failed to apply reasonable care to keep the property in a safe state. A South Carolina slip and fall lawyer can help determine the at-fault parties and the types of damages you should pursue.
You May Have a Right to Seek Compensation in a Premises Liability Case
Just because you noticed a hazard before your slip and fall, you still have a chance of seeking compensation. After all, you may only have noticed the hazard seconds before your fall – in which case, it was already too late to avoid the hazard.
In South Carolina, property owners and operators can be held responsible for letting hazardous conditions exist unaddressed on their premises or failing to warn visitors of the potential for dangers. Hazards may include improperly maintained ice on a walkway, torn carpeting, loose flooring, spills that were not promptly cleaned, and other hazards. If you can show that the other party violated their duty to maintain safe premises and you were injured, you could have a case.
To ensure the best possible chance of a recovery, be sure that you:
- Do not admit fault. You may be tempted to make statements related to your potential fault for the slip, but avoid doing so. If you speak with a store manager, any witnesses, or an insurance adjuster following the fall, keep your comments neutral.
- Make a report of the slip and fall. Be sure to make a report of the fall to a store manager and get a copy for your records.
- Seek treatment for your injuries. It will be hard to bring a case if you do not have a record of your injuries. Seek treatment promptly to link your physical condition to the fall.
How the Defendant Could Challenge Your Slip and Fall Case
You could have a right to seek compensation if you were injured in a slip and fall. However, know that the other party will likely try to avoid liability and may push back against your case.
A defendant might try to challenge your case for compensation by claiming that:
- The hazard was open and obvious, readily visible to the average person.
- There was some form of warning signage available at the scene.
- You were responsible for your own injury.
- Your distraction led to the fall, such as texting while walking.
- You were in an area where you were not permitted to be, such as an employee-only zone.
- You were not as injured as you say.
- Your injury didn’t result from the slip and fall, but resulted from another cause.
One good way to counter these claims is to have a lawyer build strong evidence for your case and handle the legal process for you. They can build evidence to show that a reasonable person wouldn’t have noticed the hazard and that the liable party failed to abide by their duty of care.
Our Legal Team Will Build a Strong Case for You
Our dedicated personal injury lawyers can be your legal advocates if you were involved in a slip and fall accident in South Carolina. We will hold the negligent parties liable and fight to recover fair compensation for you.
To build the strongest case possible for you, we will:
- Investigate the slip and fall incident
- Collect photos and video footage from the scene
- Gather witness statements
- Construct a compelling case for your financial recovery
- Identify your recoverable damages and calculate their value
- Submit legal documents
- File a lawsuit if we do not reach a settlement with the insurance company
- Assess any settlement offers you receive
- Offer legal guidance and knowledge of South Carolina laws as you make decisions in your case
Recoverable Damages in a South Carolina Slip and Fall Case
Slip and fall accidents can lead to serious injuries and losses. If you suffered significant injuries, our personal injury lawyers will help you to recover the following damages:
- Medical costs and expenses: Any medical costs and expenses incurred as a result of your injuries, such as hospital visits, surgeries, and medication costs may be recoverable.
- Lost earnings: You can get compensation for lost income due to missed work because of the injury as well as reimbursement for loss of future earning capacity.
- Pain and suffering: You can recover damages for any physical and emotional turmoil caused by the injuries.
- Wrongful death: If you lost a loved one in a slip and fall accident in South Carolina, you may recover wrongful death damages. These may include loss of income resulting from a loved one’s death, pain and suffering, and more.
Get Help from George Sink, P.A. Injury Lawyers Today
If you or a loved one suffered injuries in a slip and fall accident, our South Carolina personal injury lawyers are here to help you. We will protect your rights and hold responsible parties accountable.