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When you think of a slip and fall, it is likely that you think of it occurring in a grocery store, restaurant, or shopping mall. Whether it be a cracked step, a buckling carpet, or a newly washed floor, slip and falls account for over 1 million emergency room visits each year. A staggering statistic, you may not realize that a vast number of slip and falls occur on private property.
South Carolina property owners have a duty to keep their premises safe for visitors and guests, known as a duty of care. When a slip and fall occurs on private property, the owner will be held responsible for any injuries sustained. If you have been hurt on another person’s property, the Anderson slip and fall accident attorneys at Bradley & Perkins are here to represent your interests.
Elements in a Slip and Fall Claim
To prove negligence in a slip and fall claim, you must establish the following:
- You were invited onto the property as a guest.
- The owner failed to warn you of potential hazards or remedy any property defects (such as poorly maintained walkways, dangerous transitions between walking surfaces, poor lighting, etc.).
- The hazardous condition is the direct cause of your injuries.
- As a result of your accident, you incurred medical expenses, lost income, and other measurable losses.
South Carolina Premises Liability Law
A property owner can be held liable for anyone who slips, trips, or loses their footing on an outside surface or flooring. South Carolina premises liability law assigns a defendant’s level of duty based on the plaintiff’s visitor classification:
- Invitee: A person who is invited onto the premises for business purposes. For example, a customer in a grocery store. A business owner owes invitees the highest duty of care, being required to routinely inspect the property and fix any defects.
- Licensee: A guest who is invited onto the property for social purposes. A property owner or tenant should warn the guest about any potential hazards on the property and take reasonable steps to keep the licensee safe.
- Trespasser: A person who is on the property without the owner’s permission. South Carolina premises liability law does not hold property owners to a specific level of care for trespassers, although it prohibits owners from intentionally causing trespassers harm.
How Long Do I Have to File a Premise Liability Claim in SC?
Under SC Code §15-3-530, you have three years to file a premises liability claim. After this time, you may be barred from recovery. The limitation period is put into place as a means of preserving physical evidence, which can deteriorate over time. Also, after some time has passed, eyewitness memories of an event may not be as clear.
The injuries from a slip and fall can be serious, causing fractures, spinal cord injuries, and even head trauma. At Bradley & Perkins, our Anderson slip and fall accident lawyers understand the trauma associated with falling on another person’s property. We will investigate the accident scene to determine what caused your accident and where the property owner failed to use a reasonable level of care. In uncovering specifics, we will better be able to recover the compensation you deserve.
Fall on Private Property? Contact Our Anderson Slip and Fall Attorneys Today
A slip and fall can cause catastrophic injuries, forcing you to put your life on hold. If you or a loved one have been injured on private property, our legal team would like to hear from you. To schedule your free consultation with our Anderson slip and fall lawyers, contact us online or by phone today.