Slips and falls happen. These incidents can also be the result of someone else’s negligence. If you slip and fall because a property owner in Charleston did not fulfill their duty of care to you, you may be entitled to compensation. Contact our Charleston slip and fall lawyer to learn more.
Charleston Slip and Fall Lawyer
Trey Harrell Auto Accident and Personal Injury Attorney has extensive experience with slip and fall incidents. Our team will see to it that you are compensated fairly for your damages. Call us at 843-701-8029 to find out how we can help you win your case.
Am I Eligible to Receive Compensation for a Slip or Fall in Charleston?
You can receive compensation for your slip and fall if your injury is due to someone else’s negligence. For example, if you slip and fall on someone else’s property because they did not maintain it properly, you can go after the property owner for damages. You may also sue the city if you slip on a city-maintained road that was damaged.
Here are some examples of slip and fall incidents that may require compensation:
- Slipping and falling in a grocery store due to an unmarked wet floor area
- Incurring injuries due to tripping over a cracked sidewalk in a city-maintained property
- Slipping and falling at a privately owned premises
What are Common Causes of Slip and Falls?
Slips and falls can be caused by a variety of unsafe conditions. These include:
- Lack of security
- Wet floors
- Improper lighting
- Broken banisters and railways
- Broken stairs
- Unsafe structures
- Exterior issues such as snow, ice and broken or crumbling sidewalks or parking lot areas
- Fire hazards
- Presence of toxic chemicals
- Animal bites
- Swimming pool hazards
How Is a Slip and Fall Proven?
To prove a slip and fall incident in Charleston was a result of another’s negligence, you must establish the following elements:
- That a duty of care existed: For example, a premises owner has a duty of care to keep their property safe for visitors.
- That the duty of care was violated: If the property owner knew about the issue, or reasonably should have known about the issue, and failed to act on it, this would show the duty of care was violated.
- The breach in duty of care leads to injuries: You must show that the breach of duty of care was a direct cause of your injuries.
- The injuries led to losses: You must establish that the injuries resulted in economic and non-economic losses.
Who Is Responsible for a Slip and Fall?
There are various parties that may be to blame for a slip and fall incident. The owner is not always liable for damages. It’s ultimately in the hands of whoever is responsible for maintaining the property.
The following parties may be liable in a slip and fall incident:
- The property owner
- The maintenance company
- A business owner
- A tenant who is renting the property
- The landlord of the property
- The city
- Your employer
Can I Sue for Damages in a Premises Injury Claim?
If you are injured on someone else’s property, the owner may be liable for damages. However, the situation will be viewed differently depending on the circumstances of your visit. Here’s how your visitor status can affect the outcome of your claim.
- Invitee: If you were invited on someone’s property you are owed the highest duty of care. You must be warned about obvious dangers as well as those that may not be so obvious.
- Licensee: A licensee is someone who has permission to be on a property but is there for their own convenience or curiosity. Examples include a social guest or someone hunting on the property. It is up to the owner to warn these guests of obvious dangers, but they do not have to warn them of dangers that aren’t so obvious.
- Trespassers: Property owners do not owe a duty of care to anyone that’s on their property without their permission other than to refrain from willfully injuring them.
Suing the City of Charleston for a Slip and Fall
If your slip and fall occurred on a city-owned property such as a road, sidewalk or park, you may pursue damages through the South Carolina Tort Claims Act. However, limits are low in comparison to what you might get if you sue a business. In most cases, a $300,000 damage cap will apply.
Also, unlike most personal injury claims that have a three-year statute of limitations, you will only have one year to file a lawsuit with the government. You will also be unable to file if:
- 180 days have not passed since the date of the incident
- The claim is denied by the court
- A settlement has been reached
Note that broken sidewalks may be considered a homeowner’s or business’s responsibility. It can be difficult to establish fault when these types of slip and falls occur. Your Charleston slip and fall attorney will let you know who to target for damages.
What Happens if I Slip and Fall at My Workplace in Charleston?
Slip and fall injuries may also occur in the workplace. If you are injured at work, you can recoup your losses from the company. They should have worker’s compensation in place for this purpose so you will not have to file a lawsuit.
You will not have to prove fault in a workers’ comp claim. However, you must establish that:
- The employer has worker’s compensation
- You were injured while carrying out your job responsibilities
- The type of injury incurred is covered by workers’ compensation
Request a Consultation With a Charleston Slip and Fall Lawyer
Slip and fall claims can get complex. You need a reliable, local slip and fall attorney by your side. Reach out to Trey Harrell Auto Accident and Personal Injury Attorney — our team knows how to navigate the complexities of slip and fall incident responsibility and begin your recovery. We wield many years of experience with South Carolina personal injury law.
Injured in a slip and fall? Don’t delay, call Trey today.