Establishing Liability in Beaufort Slip and Fall Claims
Slips and falls are among the most common sources of personal injuries in the area. However, a fall occurring on someone else’s property does not always mean that the owner is responsible to provide compensation for your losses. In fact, the law requires you to prove fault for the fall as well as defend your own actions in the moments leading up to the incident.
A Schiller & Hamilton attorney could help prove both concepts necessary for establishing liability in Beaufort slip and fall claims. A trip and fall attorney can explain the laws that govern the responsibility of landowners to protect guests on their land. They could also work to uncover evidence of fault on the part of property owners and refute any allegations of shared blame.
Property Liability Laws and Slip and Fall Claims
The first step in determining liability in slip and fall cases in Beaufort is to prove that a landowner had an obligation under the law to keep the hurt person safe. This involves an examination of whether the injured party had permission to be on the land and their motivations for being there.
Uninvited visitors are trespassers under the law. This means that the landowner has no obligation to protect them from accidental harm. Trespassers are rarely eligible to collect compensation following a slip and fall.
Licensees enter someone’s property with the permission of the owner but for their own benefit. This may include visiting to attend a barbecue or a party. Here, the landowners have a duty to protect the guests from known hazards.
The final classification of visitors is that of an invitee. Invitees enter land with the owner’s permission and for the benefit of the owner. These may be shoppers in a grocery store or patrons in a movie theatre. Property owners must use all reasonable precautions and ordinary care to prevent accidental harm from affecting invitees. A Schiller & Hamilton attorney could investigate the facts involved in the fall to establish a person’s rights under state law.
Determining Responsibility for a Beaufort Trip and Fall Accident
The injured person bears the burden of proving fault for an accident. This can require a thorough investigation of the incident and connecting the injuries to the cause of the fall. An attorney could take the lead to gather vital evidence such as:
- A police report
- Witness statements
- Camera footage
- Maintenance reports
According to South Carolina Code § 15-38-15, courts will use a concept called modified comparative negligence to evaluate trip and fall claims. This means that a court examines the actions of the plaintiff and landowner to assign fault for the incident. If a court assigns more than half of the blame to the claimant, they cannot collect any compensation. As a result, a Beaufort attorney could help to not only prove that a landowner was responsible for the fall but also refute any allegations of shared blame in a claim.
Call an Attorney about Establishing Liability in Beaufort Slip and Fall Claims
To collect the compensation that you need to set things right following a trip and fall, you need to prove that a landowner was at fault for the incident. This requires you to understand relevant laws, gather evidence establishing liability in Beaufort slip and fall claims, and defend your actions leading up to the accident.
A lawyer at Schiller & Hamilton could help in each of these areas. Contact our office today to set up a consultation.