Charleston Slip & Fall Lawyer
Slip, Trip & Fall Accidents in South Carolina
Under South Carolina premises liability law, property owners are responsible for conducting maintenance and removing or repairing any hazards that could cause injury or harm. If a hazard cannot be promptly removed or repaired, property owners are required to warn others about them.
When property owners fail to ensure the safety of guests, customers, and other visitors, innocent people can be seriously hurt—and negligent property owners can be held accountable.
If you slipped, tripped, and/or fell on someone else’s property due to unsafe conditions, reach out to our team at Clawson Fargnoli Utsey, LLC. With decades of combined litigation experience and millions of dollars recovered for our clients, we have what it takes to fight for the full, fair compensation you deserve. We have successfully represented clients in cases against private homeowners, commercial retail business owners, government and municipal entities, and other negligent landowners throughout the Charleston area.
What to Do After a Slip, Trip, or Fall on Someone Else’s Property
When you slip, trip, and/or fall, your first instinct is often to get up quickly and brush off your injuries. Slips, trips, and falls can be embarrassing—but it is important that you do not ignore your injuries or try to downplay the severity of the accident. Doing so can not only worsen the effects of your injuries but can also hurt your ability to bring a personal injury claim against the liable landowner.
If you are injured in a slip, trip, and fall accident on someone else’s property, take the following steps:
- Stay Where You Are: Avoid the temptation to jump up and walk away if you are seriously injured. Instead, stay sitting or lying down to avoid further injury.
- Assess Your Injuries: Check your injuries and determine whether you need emergency attention. If so, call 911.
- Notify the Proper Party: Inform the homeowner, store manager, landowner, or another appropriate party of your injuries right away.
- Gather Important Information: Get the name and contact information of the property owner or manager at the scene (if possible).
- Document Evidence: Take pictures of your injuries, as well as the dangerous condition that caused the accident. Talk to witnesses (if applicable) and get their name(s)/contact information.
- Do Not Give a Statement: If the property owner or manager asks for a statement, decline. You should avoid giving any written or oral statement about the accident until you talk to a lawyer.
- See a Doctor: Make sure you receive treatment as soon as possible after the accident. Always see a doctor and follow all their recommendations, advice, and treatment plans.
- Contact an Attorney: Your attorney can gather evidence, determine liability, and help you file your claim. If necessary, your lawyer can also represent you at trial.
Whether the accident just happened, or it has been several hours or days, the most important thing you can do to protect your rights is call an experienced lawyer. Our Charleston slip and fall attorneys at Clawson Fargnoli Utsey, LLC are always prepared to assist you.
Common Causes of Slip & Fall Accidents
While some slips and falls are no one’s fault, these accidents often occur due to property owner negligence. This negligence frequently takes the form of inadequate property maintenance, including the failure to repair, remove, or warn others of dangerous property conditions and hazards.
Slip, trip, and fall accidents are commonly caused by:
- Wet floors
- Slippery surfaces
- Insufficient lighting
- Tripping hazards
- Cluttered walkways
- Improper signage
- Unsafe steps, stairs, and stairwells
- Defective sidewalks
- Uneven floors and floor coverings
- Fallen merchandise
Generally speaking, to bring a successful slip and fall injury claim, you must show that you were injured due to a property owner’s negligence. Specifically, you must prove that your injuries were caused by an unsafe condition that the property owner knew about or should have known about yet failed to take appropriate measures to repair, remove, or warn visitors about. You will also need to prove that you were lawfully on the property when the accident occurred (whether as an invitee or licensee, meaning you were not trespassing) and that the dangerous condition was not “open and obvious,” meaning you could not have reasonably avoided it.
What Is a Trip & Fall Accident?
Trip and fall accidents are essentially the same as slip and fall accidents. These accidents are commonly caused by tripping hazards—such as ripped carpeting or unsafe walkways—that cause individuals to fall. This can lead to serious injuries, such as brain injuries and spine injuries; in the most severe cases, these injuries may even be fatal.
Like victims of slip and fall accidents, victims of trip and fall accidents in South Carolina may bring personal injury claims under the state’s premises liability laws. This means that you will have to prove the same elements as a slip and fall case to recover compensation after tripping and falling due to unsafe property conditions.
The elements of a trip and fall accident claim include:
- Duty of Care: You must demonstrate that the property owner owed you a duty of care, meaning you were on the property as an invited guest (whether implied or expressed) or a lawful visitor. In South Carolina, property owners do not owe a duty of care to trespassers except to refrain from causing intentional injury or harm.
- Breach: You must prove that the property owner breached the duty of care. Typically, this involves showing that the property owner knew about (or should have known about) a dangerous condition or hazard but failed to promptly and effectively remove it, repair it, or warn others about it.
- Causation: Additionally, you will need to prove that the property owner’s breach of the duty of care was the cause of your injuries and/or damages. This means you must show that the dangerous condition caused your injuries and that, had it not existed or had you been warned of it, you would not have been injured.
- Damages: Lastly, you must prove that you suffered measurable damages to recover compensation in a trip and fall accident claim. “Damages” are any losses you endured due to your injuries, including medical bills, lost wages, pain and suffering, disability, future medical expenses, and more.
Whether you have a slip and fall or trip and fall claim, our attorneys can help you understand your options and inform you of your rights. At Clawson Fargnoli Utsey, LLC, we provide personalized legal counsel and aggressive representation tailored to each of our client’s unique needs, concerns, and goals.
Millions of Dollars Won
Our Charleston slip and fall lawyers have helped victims of negligence fight for—and win—the fair compensation they needed to get back on their feet. We understand the challenges you are up against, and we are ready to help you navigate the process. With past experience in insurance defense, we have unique insights into how the other side operates. Our attorneys draw on this experience to effectively represent their clients’ rights.
If you were injured on someone else’s property, reach out to our firm to learn more about how we can help. We do not charge any fees unless we successfully recover compensation for you.
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