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Bluffton Slip & Fall Accident Attorneys
Capable Legal Guidance in Premises Liability Cases
Even a seemingly minor slip and fall accident can lead to permanent and catastrophic consequences. Whether you are in a commercial or residential space, owners have a legal responsibility to keep their properties safe.
When a fall is the result of another party’s negligence, you deserve to be compensated for your injuries. Our Bluffton slip and fall lawyers at Horton & Associates, LLC can help you pursue personal injury claims against negligent parties. We have over 15 years of legal experience and have extensive knowledge of how these types of cases are adjudicated in South Carolina.
What To Do After a Slip and Fall Incident in South Carolina
While falling in a public place can be embarrassing, avoid the urge to immediately leave the scene. It is important you take steps to protect yourself and your future ability to seek compensation.
After suffering a slip and fall injury in South Carolina, you should:
- Assess your condition and seek emergency medical attention if necessary. If you are bleeding or may have broken or fractured a limb, you should call 911. When you do not require emergency care, you should still be examined by a medical professional shortly after the incident. Some injuries may not be immediately obvious but should be diagnosed as soon as possible.
- Document the incident site. Most slip and fall accidents are the result of an avoidable hazard, such as a slick surface or large crack in the floor. You should take pictures of the site at the time of the fall so that you can later demonstrate what caused the accident.
- Flag any witnesses. If anyone saw you fall, collect their contact information, including their names and addresses. You may need them to testify as part of your personal injury claim.
- Report the accident to a site manager.Locate whoever is currently in charge and inform them that the accident occurred before leaving. Be careful not to suggest that the fall was your fault. Request that an official report of the incident is written and ensure that you receive a copy. If there are any security cameras covering the area where the incident occurred, request that you receive a copy of the footage.
- Create a record of the incident.Write down everything that you remember about the incident, including the moments leading up to your fall. Save any reports, copies of footage, medical examination records, or any other evidence that might be useful in establishing what happened.
- Contact our firm. You will likely need legal representation to help you file your personal injury claim. If conditions allow, our Bluffton slip and fall attorneys will immediately travel to the incident site to assist you with documenting what happened and speaking with the property manager.
How Slip and Fall Liability Works in South Carolina
You have 3 years from the date of the incident to file a slip and fall personal injury lawsuit in South Carolina. Any slip and fall suits filed after 3 years have passed will not be considered by the court.
To be awarded compensation for your injuries or property damage, you will need to prove that the property owner was negligent in maintaining your property. This means that some preventable hazardous condition, like a spill or loose floor piece, directly caused you to slip and fall.
In determining a property owner’s negligence, the court will typically consider:
- If the owner caused the hazardous condition
- If the owner knew about the hazardous condition and did nothing to address it
- If the owner should have known about the hazardous condition and did not do enough to address it
A property owner will likely argue that you are responsible for slipping and falling. Injured parties can be found partially or completely responsible if there is evidence that you contributed to the circumstances that caused the accident.
In determining an injured party’s negligence, the court will consider:
- If the injured party was using the property appropriately
- If the injured party was in a location where they were not supposed to be
- If the injured party was paying sufficient attention in the moments leading up to the fall
- If the injured party was otherwise behaving irresponsibly in the moments leading up to the fall
Slip and fall claims in South Carolina are ultimately decided through comparative negligence rules. This means that the jury will assign a percentage of blame to you and the property owner. If you are found to have less than 51% of the blame, you can still collect damages, but your total award will be reduced by the amount you were at fault. For example, if you are seeking $10,000 in damages and are found to be 20% at fault, you will only receive $8,000 in total compensation.
Our Bluffton slip and fall lawyers at Horton & Associates, LLC can evaluate the facts surrounding your accident and determine whether you have a strong case. We have assisted hundreds of clients and can work to secure the maximum possible compensation for your injuries.
In a slip and fall personal injury lawsuit, we can help you recover compensation for:
- Medical expenses
- Property damage
- Lost income
- Physical and emotional pain and suffering (for especially severe incidents)