When Can You Seek Compensation for a Slip or Fall Injury Accident in South Carolina?

worker man lying on staircase after slip and fall accident

Slip and fall injuries are common in South Carolina, and these accidents can lead to severe injuries, from broken bones to head trauma. According to the National Floor Safety Institute (NFSI), falls account for over 8 million emergency room visits annually, making them the leading cause of hospital visits. If you’ve experienced a slip or fall injury, it’s important to know when you can seek compensation, especially if the injury occurred due to someone else’s negligence.

At Taylor Anderson Law Firm in Charleston, SC, we help victims understand their rights and navigate the legal process of seeking compensation. Knowing the conditions under which you can file a claim is crucial, even in cases where you may be partially at fault.

Common Causes of Slip and Fall Injuries

Slip and fall injuries can happen anywhere, whether you’re in a grocery store, restaurant, or even on a public sidewalk. These accidents often occur due to hazardous conditions, such as:

  • Wet or Slippery Surfaces: Spills or wet floors that aren’t properly marked can lead to dangerous falls. In fact, wet surfaces are responsible for about 55% of all slip and fall accidents, according to the NFSI.
  • Uneven Flooring or Pavement: Cracks, holes, or uneven surfaces can cause people to trip and fall, leading to serious injury.
  • Poor Lighting: Inadequate lighting in parking lots, stairwells, or public areas can obscure hazards and increase the risk of falls.
  • Obstructions: Items left on the floor, such as boxes, wires, or debris, can create tripping hazards.

Property owners and managers have a legal responsibility to maintain safe premises. If they fail to address dangerous conditions in a timely manner or fail to warn visitors of potential hazards, they may be held liable for any injuries that occur as a result.

When Can You Seek Compensation?

In South Carolina, you can seek compensation for a slip and fall injury if you can prove that the property owner or manager was negligent. This means they failed to take reasonable steps to keep their property safe or did not properly warn you of potential dangers.

To file a successful claim, you must demonstrate that the property owner was aware of the dangerous condition, or reasonably should have been, and did not take action to fix or warn about it. For example, if a store employee knew about a spill but didn’t clean it up or place a warning sign, the store could be held liable.

To seek compensation, you need to have been legally on the property. This applies to customers in a store or visitors at a public event. Trespassers generally have a harder time seeking compensation, although there can be exceptions.

Can You Seek Compensation If You’re Partially at Fault?

In South Carolina, you can still seek compensation for a slip and fall injury even if you were partially at fault. The state follows a legal doctrine known as comparative negligence, which allows you to recover damages as long as you are less than 51% responsible for the accident. However, your compensation may be reduced by the percentage of your fault.

For example, if you were 20% at fault because you weren’t paying attention, and the property owner was 80% at fault due to a wet floor, you could still recover compensation. However, the amount you receive would be reduced by 20%. This is why having an experienced attorney to help prove the property owner’s negligence is critical to maximizing your recovery.

What Compensation Can You Recover?

If someone else’s negligence caused your slip and fall injury, you may be entitled to compensation for:

  • Medical Expenses: This includes hospital visits, surgeries, rehabilitation, and future medical costs related to your injury.
  • Lost Wages: If your injury caused you to miss work, you can seek compensation for lost wages and reduced earning capacity if the injury impacts your ability to work in the future.
  • Pain and Suffering: You may also be compensated for the physical pain and emotional distress caused by the injury.

At Taylor Anderson Law Firm, we are dedicated to helping slip-and-fall victims in Charleston, SC, recover the compensation they deserve. Whether you’re dealing with a minor injury or a more serious condition, our team can guide you through the process and ensure your rights are protected. Contact us today to learn more about how we can help you with your slip and fall injury claim.

Posted on behalf of Taylor Anderson Law Firm


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