While many people use the words “slip and fall” and “trip and fall” interchangeably, there are key legal distinctions between the two types of accidents that can impact on your claim.
Unfortunately, many of these injuries are often very serious.
When it comes to determining who’s responsible for the accident, there are several legal factors that have to be considered.
Slip and fall cases are found under the legal rules of premises liability. Premises liability is typically considered in personal injury cases where the injury was caused by an unsafe or defective condition on someone’s property.
Like most personal injury cases, premises liability cases are based on negligence. In order to win a premises liability case, the injured party must prove that the property owner was negligent about ownership or maintenance of their property.
Before you file a slip and fall lawsuit, you have to consider the statute of limitations. The statute of limitations is the maximum period of time that you have to file a claim.
In South Carolina, you have three years to ask the court for a civil remedy to cover personal injury or damages. If the claim is against the state, the statute may only be 2 years.
It’s very important to contact an attorney as soon as you can. If you wait too long, you won’t be able to file and may lose any chance for receiving compensation.
Charleston Slip and Fall Laws
Slip and fall accidents can include slipping, twisting, spinning, wrenching, sliding, and any number of other movements that result in injury. Not all slip and fall accidents are created equal. In fact, such cases can be exceedingly complicated.
Injuries that you incur on someone else’s property are not necessarily the property owner’s fault. In South Carolina, the laws are very clear about what constitutes a valid slip and fall case.
To bring a viable claim, you have to show that the property owner either created a dangerous condition that led to your injury, knew about the condition that caused your injury, was notified of the danger, or should have known about it. Furthermore, they must have failed to warn you or other people on site, or to fix the issue when they should have.
Often, large corporate landowners will – as a matter of course – disclaim or deny liability for most slip-and-fall accidents on their property. This can represent a kind of overall cost-benefit analysis for the corporate entity – the more cases they (with their in-house litigation teams) deny (no matter the validity of the cases) the more would-be litigants they frighten off. Corporate landowners are in the business of making money and are, therefore, likely to take an aggressive stance toward slip and fall litigation to intimidate would-be litigants. This can be a corporation’s business-as-usual stance, but don’t let it fool you. You have the legal right to expect the environment that you do business in to be appropriately maintained and to be free from dangerous impediments.
Premises liability cases amount to more than just slip and fall cases. In fact, each premises liability case is unique unto itself. There are, however, specific conditions that should be carefully considered:
When merchandise or business equipment is not stacked properly or put away appropriately, it can cause unsafe conditions in which accidents ensue.
Businesses owe their customers reasonably safe commercial conditions, which include adequate security and sufficient lighting in those areas that are integral to conducting business – including stairwells, parking lots and ramps, and garages. Faulty security and inadequate lighting in such areas can contribute to slip and falls and any number of other safety issues.
If you’re injured while conducting business with a corporate entity, there are situations in which the property owners are legally responsible for the harm you sustain on their property. South Carolinian property owners have distinct responsibilities, and when they fail to uphold these responsibilities, they can be held liable for damages (such as your injuries).
In South Carolina, you must be able to prove that your injury was caused by a breach of the business owner’s duty. You, as the business’s invitee, are owed the owner’s duty of avoiding the creation of unreasonable risks that might lead you, as an invited consumer, to suffer injury on the business property. As such, you must be able to prove two necessary elements of a successful slip and fall case:
When you go shopping or enter into a business transaction with any kind of enterprise as an invited guest – or customer – you are awarded the status of having the reasonable expectation that the commercial interaction will not harm you by way of presenting hazardous conditions or dangerous states of repair. There are several conditions that are routinely deemed injurious:
Any of these instances can contribute to a slip and fall case. We all default to I’m clumsy from time to time, and that’s understandable. Do not, however, demure in such a way when you’ve been seriously injured by someone else’s negligence. Stand up for your legal rights.
Slip and fall accidents are notoriously complicated, and they can also be vexing; that should not affect your resolve to fight for your right to shop wherever you are invited (commercial shopping venues) and to do so while unmolested by avoidable dangerous conditions.
Slip and fall cases are often ambiguous, lengthy, and complex, but they are also important. If you’ve incurred an injury caused by a business or corporate entity that neglected to pay adequate attention to its safety precautions, you may well have a decent slip and fall case.
The litigation process can be difficult, but it’s important that you stay the course. An experienced Charleston, South Carolina legal firm with extensive slip and fall expertise can help guide your case toward a satisfactory conclusion.
If you were injured in a slip and fall, you may be entitled to recover damages for any injuries that resulted. Determining your legal rights can be complicated, and it may be unclear who to bring a claim against, and to what sort of damages you are entitled. For these reasons and more, contact an experienced slip and fall accident attorney.
As our client, you will receive attentive and compassionate legal help. Please call us today at 843-300-7600 or contact us via email for a free, no-obligation consultation.
The Hartman Law Firm, LLC serves all of South Carolina, including Charleston County and surrounding areas.
Frank offers a Free Case Evaluation and Consultation. He will visit with you at your convenience at your home or hospital bed to evaluate your matter. This is done on a case by case basis.