A Serious Fall Is Not Always Just an Accident
One moment you are walking through a store, parking lot, apartment complex, or other property. The next, you are dealing with an injury, medical treatment, missed work, and questions about why the dangerous condition was there in the first place.
Sharpe & Leventis, LLC represents people injured in slip, trip, and fall accidents throughout Columbia and surrounding South Carolina communities.
We investigate what caused the fall, who was responsible for the property, what they knew about the unsafe condition, and whether reasonable steps could have prevented the injury.
What Makes a Slip and Fall a Legal Claim in South Carolina?
A successful premises-liability claim generally requires evidence connecting an unsafe condition on the property to the injury and showing that the responsible party failed to exercise the level of care required under the circumstances.
The Property Owner or Occupier Owed a Duty of Care
The duty can depend on why someone was on the property.
For example, South Carolina courts have held that property owners generally owe invited business visitors a duty to exercise reasonable or ordinary care for their safety. They may also have a duty concerning hidden dangers that they know or reasonably should know about.
A Dangerous Condition Caused the Fall
There must be an unsafe condition connected to the accident—not simply the fact that someone fell. That condition might be a spill, broken pavement, defective stair, uneven flooring, poor lighting, or another hazard.
The Responsible Party Created or Knew About the Hazard
In cases involving a foreign substance on a store floor, the South Carolina Supreme Court has explained that a claimant generally must show either that the business or its agents created the condition or that the business had actual or constructive notice of it and failed to address it.
Constructive notice can become an important issue when evidence suggests the hazard existed long enough that reasonable inspection or maintenance should have discovered it.
The Fall Caused an Injury and Losses
The unsafe condition must be connected to an actual injury and resulting damages, such as medical expenses, lost income, pain, disability, or other losses.
Common Hazards That Cause Slip and Fall Accidents
Slip-and-fall and trip-and-fall cases can involve temporary hazards or longstanding property defects. Common conditions include:
Wet or Slippery Floors
Water, grease, oil, food, cleaning products, and other substances can create dangerous walking surfaces.
Uneven or Broken Pavement
Cracked sidewalks, potholes, deteriorated parking lots, and unexpected changes in elevation can cause serious falls.
Unsafe Stairs
Broken steps, uneven stair heights, loose surfaces, or missing or defective handrails may create dangerous conditions.
Poor Lighting
Insufficient lighting can make hazards difficult to see in stairwells, parking areas, walkways, and other spaces.
Loose Rugs or Flooring
Torn carpet, unsecured mats, damaged flooring, and other surface defects can create tripping hazards.
Clutter and Obstructions
Boxes, cords, merchandise, hoses, equipment, and other items left in walking areas can lead to falls.
What Should You Do After a Slip and Fall Accident?
What happens immediately after a fall can become important later, especially because the dangerous condition may disappear quickly.
Get Appropriate Medical Care
Seek medical attention for your injuries and follow the recommendations of your healthcare providers.
Photograph the Hazard
If you are able, take photographs or video of exactly what caused the fall and the surrounding area.
A spill may be cleaned up. A mat may be moved. A broken area may be repaired. Evidence that exists today may not be there tomorrow.
Report the Accident
Tell the business, property manager, landlord, or other appropriate person what happened and ask that the incident be documented.
Identify Witnesses
Get contact information from anyone who saw the fall, noticed the condition beforehand, or heard employees discuss it.
Preserve What You Were Wearing
Shoes and clothing can sometimes become relevant if the property owner or insurer disputes how the fall happened.
Be Careful About Giving Statements
Avoid guessing about what caused the fall or accepting blame before the facts are clear.
Who Can Be Responsible for a Slip and Fall Injury?
The property owner is not necessarily the only party that should be investigated. Depending on the circumstances, responsibility may involve:
- Property Owners: An owner may be responsible for dangerous property conditions depending on control of the premises and the circumstances surrounding the hazard.
- Businesses or Tenants: A store, restaurant, office, or other tenant may control the area where the injury occurred even when someone else owns the building.
- Property Management Companies: A management company may have responsibilities involving inspections, maintenance, repairs, or common areas.
- Landlords: Falls involving apartment buildings or rental properties may raise questions about the landlord’s responsibility for the particular area or condition.
- Maintenance or Other Contractors:
A third-party company may have created or failed to correct a hazard while performing cleaning, repairs, landscaping, or other work.
What If the Property Owner Says You Should Have Seen the Hazard?
Property owners and insurers may argue that a condition was open and obvious and that the injured person should have noticed and avoided it. But that does not necessarily end the analysis.
- South Carolina courts generally recognize that a property owner does not have the same duty to warn about dangers that are known or obvious.
- However, the South Carolina Supreme Court has also recognized circumstances where a property owner may still face liability if the owner should have anticipated that the condition could cause harm despite being visible.
- That means questions such as visibility, lighting, distractions, the condition of the property, and whether visitors were expected to encounter the hazard can matter.
The facts—not simply the insurer labeling something “obvious”—should determine how the issue is evaluated.
How Sharpe & Leventis Handles a Slip and Fall Claim
01
We Determine What Caused the Fall
We begin with the scene, the condition involved, and the circumstances immediately before and after the accident.
02
We Identify Who Controlled the Property
Ownership alone does not always answer the liability question. We look at who occupied, managed, maintained, or controlled the area.
03
We Investigate Notice
We examine whether the responsible party created the hazard, knew about it, or had reason to discover it before the accident.
04
We Preserve and Review Evidence
Photos, surveillance footage, witnesses, inspection records, maintenance information, and other evidence can help establish what happened.
05
We Document the Injury
We evaluate medical treatment, missed work, future care, and how the injury has affected the client’s everyday life.
06
We Deal With the Insurance Company
When an insurer argues that the hazard was obvious, that the client was responsible, or that the injury was unrelated, we evaluate those arguments against the evidence.
What Compensation May Be Available?
A serious fall can result in much more than an emergency-room bill. Depending on the circumstances, compensation may include:
Medical Expenses
Emergency care, surgery, hospitalization, therapy, medication, and other treatment.
Future Medical Care
Some injuries require ongoing rehabilitation, injections, surgery, or other future treatment.
Lost Wages
Time away from work because of the injury may become part of the claim.
Reduced Earning Capacity
A serious or permanent injury may affect the type or amount of work someone can perform.
Pain and Suffering
The physical and non-economic effects of an injury can also be considered.
Permanent Impairment or Disability
Long-term limitations may significantly affect the overall value of a case.
How Long Do You Have to File a Slip and Fall Claim in South Carolina?
South Carolina generally provides a three-year limitations period for many personal injury actions. The current statute also provides that claims covered by this provision generally must be brought within three years after the person knew or, through reasonable diligence, should have known a cause of action existed.
Different rules and shorter deadlines may apply in certain situations, particularly when a governmental entity is involved.
Frequently Asked Questions
Does getting hurt on someone else’s property automatically mean I have a case?
No. A fall and injury alone do not establish negligence. There must generally be evidence connecting the injury to a dangerous condition and showing that the responsible party breached a legal duty under the circumstances.
What if I slipped on water or another spill in a store?
The source of the spill and how long it was present can be critical. Under South Carolina law, cases involving foreign substances generally require evidence that the store created the condition or had actual or constructive notice of it and failed to address it.
What if no one saw me fall?
A lack of eyewitnesses does not automatically prevent a claim. Photographs, surveillance footage, incident reports, medical records, physical evidence, and other information may help establish what happened.
Can I still have a case if the business says the hazard was obvious?
Possibly. An open or obvious condition can affect liability, but South Carolina law recognizes circumstances where a property owner may still be responsible if the harm should have been anticipated.
What if I was partly responsible for my fall?
Your own conduct may become part of the liability analysis. South Carolina uses comparative-fault principles, and current state law provides for allocation of fault among the plaintiff and responsible tortfeasors in covered cases. A lawyer can evaluate how those rules apply to the particular facts.
Contact Our Columbia Law Firm for a Free Consultation Today.
If you were seriously injured in a fall on someone else’s property, tell Sharpe & Leventis, LLC what happened. We can review the circumstances, answer your questions, and determine whether the property condition warrants further investigation.