Who Is Responsible for a Slip and Fall Accident on Public Property?
Slip and fall accidents occur for many reasons, including inadequate lighting, slippery floors, uneven floors, and missing handrails. Depending on the circumstances of the accidents, victims sustain various injuries, including head and brain injuries, nerve damage, and broken bones.
You deserve compensation for your losses if you sustained an injury in a slip and fall accident due to someone else’s negligence. A victim must present evidence and demonstrate negligence by the property owner to obtain compensation for their losses.
When a slip and fall accident occurs on public property, unique rules govern the administration of personal injury claims.
A trusted slip-and-fall attorney in Anderson, SC, can evaluate the details of the accident and pursue compensation from the at-fault party.
Who Is Liable for a Slip and Fall Accident on Public Property
Slip and fall accidents will likely occur in public areas like parking lots, public parks, government buildings, or public streets. A slip and fall accident on public property can give rise to a premises liability claim.
Premises liability claims arise due to hazardous property conditions created by the property owner or risky conditions due to poor maintenance. To prove negligence on public property, you must demonstrate that a government agency breached the various elements of negligence as per personal injury laws.
Elements of Negligence in a Slip and Fall
Here are the elements of negligence that an injured party must demonstrate to obtain compensation for their losses.
Duty of Care
People and entities, including government agencies, must exhibit a degree of caution or prudence while engaging in actions that may affect others. The defendant must exercise reasonable care.
Breach of Duty of Care
Negligence occurs when the defendant breaches their duty of care. It means they’ve failed to live up to the standard of care expected of an average person. For instance, a city authority could not cover sewer maintenance holes, leading to a slip-and-fall accident.
The government agency responsible is said to have breached the duty of care, leading to the injury.
Breach of Care Is the Direct Cause of Injury
The defendant’s failure must directly cause the injury to be legally liable for accident-related losses.
The Victim Suffered Losses
A negligence claim is valid if you suffered specific losses such as medical expenses, lost income, or loss of companionship.
Under South Carolina’s Tort Claims Act, you can sue a government agency or its employees for injuries due to their negligent actions. An injured victim should file a claim with the Industrial Commission within two years from the date of the accident.
Injured in a Slip and Fall Accident? Get in Touch With an Experienced Attorney Today
Suppose you sustained a hip fracture in a slip-and-fall accident and need ongoing medical treatment, including surgery. In that case, you may incur costly medical and out-of-pocket costs, among other losses.
An experienced attorney from Bradley and Perkins can fight for a fair settlement for your losses. Contact us online to schedule your initial consultation today.