The National Floor Safety Institute reports that there are more than one million slip and fall accidents that require professional medical care each year. If you were hurt in a slip and fall on private property, you may have a claim for compensation. Here, our Charleston slip and fall accident lawyer explains the key things to know about suing a private property owner for an accident.
Three Things to Prove to Hold a Private Property Owner Liable for a Fall Accident
1. Duty of Care (Lawful Presence on Private Property)
First and foremost, you must prove that the private property owner owed you a duty of care. In South Carolina, property owners have very little duty to protect the safety of trespassers. In effect, this means you generally have to prove that you were lawfully on the premises when the fall accident happened. Otherwise, your claim may be denied. In South Carolina, invitees (such as customers in a store) are owed the highest duty of care. Licensees (such as social guests) are also owed a reasonably high duty of care.
2. Negligence (Unsafe Conditions on the Premises)
A private property owner is by no means automatically liable for a fall accident on its premises. You must prove negligence. Indeed, proving that an unsafe condition existed on the property is essential in a slip and fall claim. It is not enough to simply fall and get hurt, you must show that the property owner was negligent. Negligence means that the owner either created the hazard, knew about it and failed to fix it, or should have known about it through reasonable inspections. Here are examples:
- Wet or slippery floors with no warning signs;
- Uneven flooring, broken stairs, or loose handrails;
- Poor lighting in hallways or parking lots; and
- Random and dangerous clutter or debris in walkways.
3. Causation (Connection Between Negligence and Your Injuries)
Finally, you must prove causation. Without causation, there is no liability for a private property owner. In other words, you must prove that the private property owner’s negligence was a factor in causing your slip and fall accident. Insurance companies and defense lawyers often try to argue that a slip and fall victim was injured for some other reason, such as a pre-existing condition or personal negligence. To establish causation, you need medical records, witness statements, and potentially even expert testimony. An experienced Charleston premises liability attorney can help you build a strong and compelling slip and fall accident case.
Contact Our Charleston, SC Slip and Fall Accident Attorneys Today
At Query Sauter & Associates, LLC, our Charleston slip and fall accident lawyers are committed to fighting for justice for victims and families. You need the maximum compensation. If you or your loved one was hurt in a slip and fall, we can help. Contact us right away for a free, no obligation case review. With an office in Charleston, we handle slip and fall accident cases throughout the region.