Slip and fall accidents are no joke – they can cause serious, if not debilitating injuries! Under United States tort law, a slip and fall claim is a type of personal injury lawsuit based on a property owner's negligence. When a person is injured on someone else's property because they slipped, tripped, or fell on some type of preventable hazard, it is called a "slip and fall" injury. These cases fall under the category of premises liability claims. When a slip and fall victim is injured on a property owned and maintained by someone else, the property owner may be held legally responsible.
Common causes of slip and fall accidents property owners may be responsible for include:
- Ripped or torn carpeting
- Waxed or wet floors
- Unaddressed spills
- Debris on the walkway
- Uneven pavement
- Poor lighting
- Open holes
- Inadequate warnings
Proving Fault in a Slip & Fall Case
Each slip and fall case is handled differently and there are no hard and fast rules about these types of claims. Each case hinges on whether the property owner acted carefully so that a slip and fall accident could be avoided, and whether the victim's own negligence contributed to the slip or fall.
As a general rule, the person injured on another's property must be able to prove that the accident was caused by a dangerous condition, and that the owner or lessee knew or should have known about the dangerous condition but failed to remedy it.
If a dangerous condition posed an unreasonable risk to you as a visitor, and any reasonable person would not have anticipated it under the circumstances, then you may have an actionable slip and fall claim. If you were injured at a store, hospital, restaurant, or at any other business, the property owner or lessee:
- Must have caused the dangerous condition;
- Must have known or should have known about the dangerous condition but effectively did nothing about it; or
- should have known about the dangerous condition means that any "reasonable" person taking care of the property would have discovered it and either repaired or removed it.
In the residential setting, landlords may be held liable to tenants or third parties who are injured on rental property, especially when a landlord knew that a dangerous condition existed but failed to take corrective action to remove the hazardous situation.
South Carolina Statute of Limitations
If you have been injured in a slip and fall accident, contact a South Carolina personal injury attorney from George Sink, P.A. Injury Lawyers. You should do so quickly since there is a time limit in which you may file a personal injury claim – this is called a "statute of limitations." Under Section 15-3-530, you have just three years to file a claim for financial compensation in most slip and falls.
Our award-winning team has helped more than 40,000 injured men, women, and children throughout the years, and our passion for helping others has earned us numerous awards and distinctions, including membership in the Multi-Million Dollar Advocates Forum®. If you want to file a slip and fall claim, we can help you too!
Call today to learn about our free case evaluations and contingency fee arrangements!