Is It Hard to Win a Slip and Fall Case in South Carolina?

Slip and falls are some of the most common accidents. People fall all over the place, whether inside grocery stores and pharmacies, government buildings, or even in private homes. A fall can result in serious injuries, including concussions and back injuries. You might even end up in bed for weeks to recover. Compensation is helpful at getting people back on their feet—figuratively and literally.

Unfortunately, it is hard to win one of these cases. Contact Surasky Law Firm today for assistance from our personal injury attorney.

What Do You Need to Show to Win a Slip and Fall Case?

Slip and falls are premises liability claims. You will need to prove the following:

The property owner owed you a duty of care;
The owner failed to satisfy their duty, which is called a breach;
You suffered damages;
The damages were caused by the defendant’s breach of their duty of care.

The most controversial issue is whether the defendant owed you a duty of care. South Carolina lays out the duties depending on your status:

Invitees. An invitee is typically a business customer. A business owner must use reasonable and ordinary care to protect business customers from hazards, including hazards they might not discover themselves. An example would be a puddle of water on the floor. Staff must mop it up and at least warn customers if they can’t immediately clean it up.
Licensees. A licensee is someone who visits property for their own benefit, typically a social guest. The premises owner must use reasonable care to warn licensees of any hazards the owner is aware of. However, owners don’t have to uncover hidden defects.
Trespassers. Any adult who enters or stays on property without permission is a trespasser. Premises owners owe them few duties of care.
Children. The law treats children differently. Even a child trespasser might be owed a duty of care, depending on the circumstances.

If you are trespassing, then it’s hard to win (unless your child was injured). Specifically, property owners don’t need to sweep up debris or fix loose tiles for the benefit of people they haven’t invited on the property.

Proving the Existence of a Hazard

Practically speaking, most slip-and-fall victims lost their footing after stepping on some hazard, such as:

Trash or loose paper
Dirt or gravel
Worn carpets
Uneven stairs
Loose tiles or carpets
Puddles of water
Condensation

One risk is that the property owner will claim you tripped over your own feet—and then quickly fix the hazard. A property owner isn’t responsible for your own clumsiness. For that reason, you need to prove a hazard existed and it caused you to slip.

We recommend using your phone (if you have it on you). Take a picture of the hazard so you can establish its existence. For example, you might have walked down an aisle in the grocery store when you slipped on a puddle of water. Take a photo before staff can mop it up.

If you don’t have a phone, then get witnesses who can testify about the hazard’s existence. Ask them for their name and phone number. We can use their testimony when making a legal claim.

Some stores also have closed circuit TV, which they install to help catch shoplifters. However, we can also use video to show the hazard existed and caused you to slip.

How Comparative Negligence Can Undermine Your Case

Another hurdle in slip-and-fall cases is comparative negligence. South Carolina’s Supreme Court adopted a modified comparative negligence scheme in 1991. Under this rule, a victim can seek compensation provided their share of fault is “not greater” than the defendant’s share. This means you can be up to 50% responsible.

If you are more to blame, then you will end up with no compensation. That is a very tough pill. For this reason, defendant property owners have an incentive to exaggerate their own negligence:

You walked into a store looking at text messages on your phone and failed to see trash on the floor or a puddle where someone dropped a bottle of pickles.
You ignore a “Slippery Floor” sign and instead run through a store. You have engaged in risky behavior despite a warning.
You saw someone slip on ice but nonetheless tried to cross the sidewalk and ended up slipping.

In these examples, you have failed to act carefully. Consequently, you bear some of the fault for your injuries. If a jury thinks you are more than 50% to blame, then you would receive $0.

We defend our clients against accusations of comparative fault all the time. Let us dig into the factual record to uncover what really happened. We can minimize your own contributions to the accident.

How We Win Slip and Fall Cases

Surasky Law has obtained many settlements for injured clients. We have developed personal injury strategies which work:

Prompt investigations. Some critical evidence could disappear, which would be terrible. For example, we can immediately go to a store and ask them to preserve their video evidence.
Gatekeepers. There is no reason to give a recorded statement to an insurance company. You might blurt out that you were looking at your phone, which could be used to reduce your compensation. We can act as a gatekeeper, standing between you and the insurance companies. Their adjusters know they will need to contact us first if they want to speak to you.
Case analysis. Head injuries, fractures, and other injuries are worth a lot of money. You deserve something for your pain and suffering, not simply money for medical care. We can use our experience to value your injuries.
Lawsuits against public bodies. You might have been hurt in a government building. These cases require a different approach. Don’t go with an inexperienced attorney.

Contact Us to Schedule a Consultation

Surasky Law provides comprehensive personal injury representation to accident victims in and around Aiken. If you were hurt in a business or on private property, please call us to schedule a meeting.