Slip and fall accidents are unfortunately common occurrences. If you have suffered an injury from a slip and fall in South Carolina, you may be wondering if you can hold the property owner liable. Like most other states, South Carolina follows premises liability laws that require property owners to keep their premises reasonably safe. To recover compensation, an injured person must prove the elements of negligence.
Proving Negligence in South Carolina
To successfully prove negligence in a South Carolina slip and fall case, the injured person (the plaintiff) must establish these four legal elements:
- The property owner owed a duty of care to the plaintiff
- The property owner breached this duty of care
- The breach of duty caused the plaintiff’s injury
- The plaintiff suffered damages from the injury
If the plaintiff fails to prove any one of these elements, their claim can be dismissed. Let’s look at each element more closely as it applies to slip and falls in SC.
Duty of Care Owed by Property Owners
Business owners, landlords, store managers, homeowners – anyone controlling property open to the public – has a duty to keep their premises reasonably safe. This includes:
- Keeping floors free of slip hazards like water spills or debris
- Promptly fixing any dangerous conditions they know about
- Regularly inspecting the property and fixing any hazards that an inspection would reveal
The required standard of care depends on the reason for the visit. For example, mail carriers may expect fewer safety precautions than customers coming inside to shop.
South Carolina Statutes on Premises Liability
South Carolina law does not impose absolute liability on property owners to prevent injuries. However, two state statutes help define a property owner’s legal obligations:
- Owners must make repairs and improvements to keep premises safe.
- Owners must protect lawful visitors against unreasonable risks of harm.
So, while owners are not expected to prevent every single accident, they must exercise reasonable care to discover risks and protect visitors. Failing to fix a known hazard like a recurring water leak could be considered negligence.
Breach of Duty
A property owner breaches their duty of care if they fail to fix or warn about dangerous conditions that cause someone to slip and fall. Common slip and fall hazards that could represent a breach include:
- Wet floors
- Food, grease or oil spills
- Clutter or items left in walkways
- Cracked or uneven floors or sidewalks
- Poor lighting
- Missing or torn carpeting
- No handrails on stairs
To prove breach of duty, the plaintiff needs evidence that a dangerous condition existed and the property owner failed to remedy it. Witnesses, photographs, video footage and documentation about the owner’s cleaning or safety procedures can serve as evidence.
Length of Time That the Hazard Existed
In addition to proving the owner knew about the hazard, plaintiffs may also demonstrate that the owner should have known about it. If a spill existed long enough that a reasonable owner exercising due care would have noticed and cleaned it, this can satisfy the breach of duty element.
Causation
The plaintiff must also prove their injuries directly resulted from the property owner’s negligence. If the plaintiff cannot show their slip and fall was caused by the hazardous condition, the owner is not liable.
Gathering Evidence on Causation
To establish causation, the plaintiff’s attorney will gather evidence including:
- Photographs and video depicting the dangerous condition
- Medical reports linking injuries to the fall
- Witness statements about the plaintiff’s fall
- The plaintiff’s testimony about how the fall occurred
- Records of prior incidents caused by the same hazard
With solid proof that the hazardous premises directly led to the plaintiff’s harms and losses, causation can be demonstrated.
Damages
Finally, the plaintiff must prove they suffered physical, financial and other damages from the fall. This typically includes:
- Medical expenses like hospital bills, surgery costs, and physical therapy
- Lost income from missed work days
- Pain and suffering
- Permanent disability or disfigurement
- Reduced quality of life
Documents like medical reports, income tax returns, and accident scene photos help substantiate damages. Expert witness testimony can also help establish the extent of losses.
Defenses Property Owners May Raise
Property owners have several legal defenses they can use to avoid liability:
- Open and Obvious Danger – If a hazard is obvious, like a wet floor sign, the plaintiff should have seen it and proceeded cautiously. The owner may argue they cannot be liable for the plaintiff’s own negligence.
- Assumption of Risk – By choosing to enter a property with an obvious danger, the plaintiff assumed responsibility for their own safety. For example, entering a store on a rainy day with wet umbrellas everywhere.
- Comparative Negligence – If the plaintiff was partially responsible, due to distraction or not paying attention, their compensation may be reduced proportionally.
However, even if a danger is obvious, the property owner still has a duty under SC law to remedy unreasonable risks. A skilled personal injury attorney can often defeat these defenses by gathering evidence the owner failed to exercise reasonable care as required.
Proving Future Medical Expenses
In severe slip and fall cases involving permanent injuries, plaintiffs may seek compensation for ongoing future medical treatment. However, estimating future expenses involves some uncertainty.
Working with medical experts, economists, and financial analysts, the plaintiff’s legal team can calculate reasonable projections for the costs of medications, therapy, assistive devices, home healthcare, and other services the plaintiff will need for the rest of their life due to the accident. Documenting the plaintiff’s pre-accident health status helps confirm these as new expenses solely attributable to the fall.
With sound methodology, future damages can be proven with sufficient certainty to be recoverable under South Carolina law. An attorney familiar with these cases can obtain fair compensation so the plaintiff can afford necessary care.
Call a South Carolina Slip and Fall Lawyer for Help
The experienced personal injury attorneys at Monge & Associates have been helping injured victims recover compensation in South Carolina for years. Don’t wait to hold the liable parties accountable. With 32 offices in 19 states, including South Carolina, Florida, and Nebraska, we can provide a free consultation about your rights and options. Contact us at (888) 477-0597 to get started today.