Responsibility for a slip and fall on public property depends on who owns or maintains the property and what caused you to fall. Unlike a fall at a store or other private property, a government entity may be responsible for the location where you were injured.
If you were hurt in a fall in Charleston, Query Sautter & Uricchio LLC can help you determine who may be responsible and what options you have. Our personal injury attorneys work with injured clients throughout the state. Below, we explain when a government entity may be responsible and what to do after a fall on public property.
When Can a Government Entity Be Responsible for a Fall?
A government entity can be responsible when a dangerous condition on public property causes someone to fall and the legal requirements for liability are met. This could involve a damaged walkway, broken or uneven stairs, a pothole, or a missing handrail.
For some types of public property, what the government knew about the hazard is part of the question. For example:
- Parks and recreational areas: Liability for a defect requires actual notice of the problem and a failure to correct it within a reasonable time.
- Roads and other public ways: When a dangerous condition is created by someone other than a government employee, liability depends on actual or constructive notice and whether there was a reasonable opportunity to fix the problem.
These rules mean the cause of the fall and the type of public property both affect whether the government can be held responsible.
Claims Against the Government Work Differently
Claims against a city, county, state agency, or other public entity follow the South Carolina Tort Claims Act rather than the usual rules for injury claims. The Act limits how much you can recover and generally gives you two years to file a lawsuit, or up to three years if you properly file a verified claim first. This makes identifying the correct government entity and following the right claim process especially important.
What Should You Do After a Fall on Public Property?
What you do after a fall can help preserve information about what happened. If you’re able to, take these steps:
- Report the accident: Report the fall to the appropriate office or agency so there’s a record of when and where it happened.
- Photograph the area: Take photos or videos of the condition that caused your fall before it’s repaired or changes.
- Get medical care: Have your injuries evaluated and keep records of your treatment.
- Write down the exact location: Note the address and the specific area where you fell, especially if the location isn’t obvious from photos.
Conditions can change quickly after a fall, so preserving this information early can help when the accident is later investigated.
Injured on Public Property in Charleston?
If you were hurt in a fall on public property, Query Sautter & Uricchio LLC can determine whether you have a claim and handle the process of pursuing it against the appropriate public entity. If you were injured in Charleston or elsewhere in South Carolina, contact us or call 843-795-9500 to discuss what happened.