Serving People Injured by Slips, Trips, and Falls in and Around Charleston
Slip and fall–or trip and fall–cases are among the most common types of premises liability claims in South Carolina. In one recent year, nearly 10 million people across the United States visited hospital emergency departments due to falls. People injured in falls made up more than 26% of all injury-related emergency room visits.
A Charleston Slip and Fall Attorney Can Help
If you’ve slipped or tripped and fallen on someone else’s property, you may be entitled to compensation. However, proving liability in a slip and fall case is a bit different from the typical negligence case. Specific standards apply, and those standards are different depending on the reason the injured person was on the property.
Of course, the insurance company will be looking for a reason not to make payment, or to pay as little as possible. So, the sooner you talk to an experienced slip and fall attorney, the better.
Attorney Frank Hartman understands the challenges you face after an injury, and how important it is to have knowledgeable guidance from the start. That’s why The Hartman Law Firm offers free consultations to people who have been injured in and around Charleston, SC. Schedule yours right now, before innocent mistakes hurt your claim. Just call 843-300-7600 or fill out our contact form.
Fall-Related Injuries
Many falls cause no more harm than a scraped knee or a momentary shortness of breath. But, a slip and fall, trip and fall, or fall from a higher level can cause serious injury. Tens of thousands of Americans die from falls each year, and others suffer significant injuries. The risk is greatest for older Americans. Among those aged 65 and older, falls are the most common cause of accidental injury and death.
Some of the most common types of slip and fall injuries requiring treatment include:
- Back and spinal cord injuries
- Head injuries, including traumatic brain injury (TBI)
- Broken bones, especially hip, arm, wrist and ankle fractures
If you’ve suffered injuries in a slip and fall accident on someone else’s property, you owe it to yourself to talk to find out whether you are entitled to compensation. The information below provides an overview of when a property owner may be liable for a fall or other injury on the property, the types of damages that may be available, and the factors impacting the value of your claim. The best source of information about your specific case is an experienced slip and fall lawyer in Charleston.
Who is Responsible for Slip and Fall Injuries in South Carolina?
While there are many possible causes of a slip and fall or trip and fall injury, the property owner or operator is often legally responsible for the injury. Of course, simply having been injured on someone else’s property isn’t sufficient to make them liable for your damages. But, property owners and those in possession and control of property have a legal obligation to others on the property.
That obligation is different depending on the reason the injured person was on the property. The information below provides an overview of the different obligations a landowner may have. But the best source of information about how South Carolina premises liability law applies in your case is an experienced Charleston slip and fall attorney.
Responsibilities to Invitees
Under South Carolina premises liability law, the duty of care owed by a landowner or operator is different depending on the circumstances surrounding the injured person’s presence on the property. The highest duty of care is owed to business invitees. One common example is a shopper in a retail store. The business owner has invited the public–or certain members of the public–onto the property for the company’s benefit.
In this situation, the property owner has a duty to exercise reasonable care to keep the premises safe for the invitees. That means not just refraining from creating dangers, but also actively maintaining the premises in safe condition.
Property owners may be liable for injuries to an invitee in circumstances such as:
- The invitee was injured due to poor maintenance, such as tripping on a loose floorboard the property owner knew about or should have known of but failed to repair or to warn the invitee
- The invitee was injured because the property owner failed to clean up hazards, such as debris on the walkway leading into the shop
Note, though, that the property owner is generally not responsible for the actions of a third party. This can sometimes make the issue of liability complicated. Imagine, for example, that a shopper dropped a cup of fruit punch in the doorway of a retail store and walked away. If another shopper entered the store 45 seconds after the spill and slipped on the liquid, the property owner likely wouldn’t be held responsible. In most situations, it would not be reasonable to expert the store owner to identify and correct the hazard in less than one minute.
On the other hand, if the spill had been in the doorway for 45 minutes and three customers had separately notified employees before another shopper slipped on the spill, the store would likely be liable. By that point, the store (through its employees) was aware of the dangerous condition and should have taken action to correct it.
Of course, there are a wide range of scenarios in between these two. Is 10 minutes too long for the spill to have gone unattended? How quickly would store employees be expected to identify the risk? Would putting up wet floor signs but not cleaning up the mess suffice? Ultimately, it will be up to a jury to decide whether the property owner exercised reasonable care for the safety of those visiting the premises.
Responsibilities to Licensees
If the injured person is a licensee–someone who is on the property with permission, but not for the property owner’s benefit–the owner has an obligation to exercise reasonable care not to harm the visitor and to make the visitor aware of known, non-obvious hazards. One common example of a licensee is a social guest in the property owner’s home.
Imagine that a homeowner invites a friend over for dinner. The friend uses a small stairway on the side of the house rather than entering from the front. One of the wooden steps leading up to the side porch is broken, and when the guest steps on it she falls and breaks her arm. The homeowner, who always enters and exits the house through her garage and typically receives visitors and deliveries at the front door, was unaware of the broken step. Because the injured person is a licensee and the homeowner didn’t know about the broken step, the property owner isn’t responsible unless the injured person can establish that she reasonably should have known of the defect. On the other hand, if the homeowner knew about the broken step and didn’t warn her dinner guest about it, she likely would be legally responsible for the injury.
In the real world, the situation may not be as clear-cut. For example, the homeowner may say that she didn’t know the step was broken. But, that may or may not be true. In that situation, the visitor’s trip and fall attorney would have to investigate to determine whether there was evidence that the host had known about the stair in advance. That evidence might take the form of a conversation with a neighbor prior to the injury, a social media post, an inquiry about having the step repaired, or a warning to a previous guest. If you’re unsure about whether or not a property owner may be liable, the best source of information is an experienced Charleston premises liability lawyer.
Responsibilities to Trespassers
In South Carolina, a property owner’s responsibility to trespassers is quite limited. The landowner must refrain from causing willful or wanton injury, but this doesn’t apply to most situations that would arise naturally. A landowner might be liable to a trespasser for injuries if, for example, the property owner suspected that someone was trespassing on the land and so dug holes and concealed them with brush to injure the trespasser. However, the standards are somewhat stricter if the trespasser is a child or an adult with intellectual disabilities and certain other criteria are met.
How to Choose a Slip and Fall Lawyer in Charleston
Finding the best slip and fall lawyer for your case can be challenging. There are directories, websites, advertisements, sometimes even direct solicitations from law firms. Some make big promises about what they can deliver. But how do you know which premises liability law firm is right for you?
Here are some key factors to consider when you’re looking for a lawyer after being injured in a fall:
- Does the attorney have specific experience with slip and fall cases and other premises liability cases?
- Does the slip and fall attorney have extensive experience in your local courts?
- Does the attorney have experience taking injury cases to trial, and are they prepared to try your case if that’s the best option?
- What do past clients have to say about working with the attorney?
- Does the attorney listen to your questions and concerns and respond clearly?
- Will you be comfortable working with the attorney and discussing the sometimes personal aspects of an injury case?
Looking at the attorney’s track record of settlements and verdicts may also be helpful, but it’s important to remember that every case is different. Results in one case don’t necessarily predict similar results in another.
Why Hire Frank Hartman as Your Slip and Fall Attorney?
Attorney Frank Hartman has extensive experience handling injury cases–including slip and fall cases–in and around Charleston. He also has deep roots in the community and truly cares about achieving the best possible outcome for each and every client.
When you hire The Hartman Law Firm, you won’t be just a file number. Frank will fight for you and your family.
Slip and Fall or Trip and Fall Injuries at Work
In most circumstances, an employee who is injured on the job will be entitled to workers’ compensation benefits. That includes employees who fall in the workplace, or elsewhere while on the job. Workers’ compensation is usually an exclusive remedy as to the employer, meaning that an employee usually can’t sue the employer for their injuries–not even if the employer’s negligence caused the fall.
However, in some circumstances there may be a third party who is responsible or partly responsible for the injury. For example, if a supplier making a delivery to a business spills oil on the warehouse floor and leaves it there without notifying anyone, a worker who slips and falls on the oil patch may have a personal injury claim against the supplier in addition to their workers’ compensation claim. If you’re injured at work, it is usually best to work with a personal injury attorney who is experienced with both workers’ compensation claims and personal injury claims, to ensure that you don’t miss out on compensation.
How Much is My Slip and Fall Case Worth?
“How much is my case worth?” is often one of the first questions we hear. That’s understandable. When you’ve been injured, have lost work time, and are watching medical bills pile up, you are likely feeling the financial pressure.
No slip and fall lawyer can tell you exactly what your case is worth. In fact, you should be very suspicious of any lawyer who makes promises about the outcome of your case. There are many factors in play, some predictable and some not. However, an experienced Charleston slip and fall attorney will be able to give you general information about how cases similar to yours have been treated in the past, and about the types of damages you may be entitled to.
Damages in a Slip and Fall or Trip and Fall Case
The damages available in a slip and fall case will depend on a variety of factors, including:
- The nature of the injuries
- The seriousness of the injuries
- The medical expenses already incurred
- Projected future medical expenses
- Lost income
- Projected diminishment of earning capacity
You may also be entitled to damages for intangible losses, also called “non-economic damages.” This type of damages compensates the injury victim for pain, loss of quality of life, and other losses that can’t be measured in dollars.
Other Factors Impacting the Value of Your Slip and Fall Claim
Your actual losses play a big role in the value of your claim, but there are many others. For example:
- How clear liability is
- Whether you were partly to blame for the fall
- Whether you followed your medical providers’ instructions and limitations
- The amount of insurance coverage available
- Whether there are resources beyond the insurance coverage to pursue
- The attorneys involved on both sides of the case
The best source of information about who may be liable for your slip and fall or trip and fall injury and what types of damages may be available is an experienced Charleston slip and fall attorney.
Talk to a Slip and Fall Lawyer in Charleston Right Away
You may know that in most Charleston slip and fall cases, you have three years to file a personal injury lawsuit. However, there are many reasons you should seek out a slip and fall attorney as soon as possible after your injury. These include:
- The risks of dealing directly with the insurance company–most people are unprepared for the tactics insurers use to try to hurt or minimize claims
- The risk of loss of evidence–when you retain a slip and fall lawyer right away, your lawyer has the best chance of securing video, identifying witnesses and otherwise building your case
- The possibility that there are shorter deadlines in your case–for example, claims against government entities may have a short notice period
- The delay you may face in securing compensation if you delay setting your claim in motion
- The risk of mistakes you might not even think to connect to your case, such as social media posts that may be taken out of context and used against you
The sooner you get advice from an experienced Charleston slip and fall attorney, the better.
The Hartman Law Firm is Here for You
Attorney Frank Hartman has devoted his career to helping people in and around Charleston secure fair compensation for their injuries. Frank takes the time to know each client well enough to determine the best approach for their particular situation. To learn more about how The Hartman Law Firm can help you after a fall-related injury, call 843-300-7600 right now.