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An estimated one million people seek professional medical care for a slip and fall accident injury each year (National Floor Safety Institute). A slip and fall can cause serious injuries, including ligament damage, broken bones, and traumatic brain injuries (TBIs).
At Schiller & Hamilton, we fight for the rights of victims and families, including in personal injury slip and fall claims. Here, our Rock Hill personal injury attorneys explain the most important things that you need to know about slip and fall accident claims in South Carolina.
What to Do After a Slip and Fall Accident in Rock Hill, SC
Were you hurt in a slip and fall accident in Rock Hill, York County, or elsewhere in the surrounding area? You must take a proactive approach to protect your well-being and your legal rights. Here are four essential steps to take after a slip and fall accident in Rock Hill, SC:
- Document the Safety Hazard: Assuming you are physically capable of doing so, try to document the slip and fall/trip and fall hazard at the scene of the incident. Take photos, get witness contact details, and secure any other relevant information.
- Seek Immediate Medical Care: All slip and fall accident injuries should be evaluated by a doctor as soon as possible. Back issues, concussions, and other injuries can arise with a delayed onset. You also need medical records to be eligible to bring a legal claim.
- Report the Slip and Fall Accident: Your slip and fall accident should be reported as soon as possible. In general, this means notifying the business or property owner where the incident occurred. Not sure how to report it? A Rock Hill slip and fall injury attorney can help.
- Speak to a Rock Hill Lawyer Before an Insurer: You may get a phone call from an insurance adjuster soon after your accident. They are not on your side. Do not give a recorded statement until you consult with a top-tier Rock Hill premises liability lawyer.
Slip and Fall Accidents Cases are Governed By Premises Liability Law
In South Carolina, slip and fall accident cases are governed by premises liability law. The law holds property owners—and property occupiers such as businesses—are responsible for injuries that occur due to unsafe conditions on their property. Property owners and businesses have a legal duty to maintain their premises and keep them in a reasonably safe condition for customers and other guests. Slip and falls are among the most common types of premises liability claims.
How to Hold a Business or Property Owner in Rock Hill Liable for a Slip, Trip, or Fall
A property owner or business in Rock Hill is not automatically liable for a slip and fall accident on its premises. Instead, South Carolina law only holds these parties liable for slips, trips, and other falls that happen because of unsafe conditions. Put another way, slip and fall accident victims must prove that the defendant was negligent. There are four basic legal elements of a slip and fall claim:
- Duty of Care: You must first establish that the business or property owner owed you a duty of care. Customers and other guests are owed a general duty of care. However, only very limited duties are owed to “trespassers” in South Carolina.
- Breach of Duty: You must demonstrate that the property owner failed to fulfill their duty of care. Some examples of negligence that cause slip and fall accidents include failure to clean up a spill, unmarked wet floors, and not repairing a broken step.
- Actual Causation: To bring a successful claim, you must prove that there is a direct link between the property owner’s breach of duty and your accident. In other words, you must show that the unsafe condition (negligence) caused your slip, trip, or fall.
- Damages: Finally, there must be actual damages resulting from the slip and fall accident. Without damages, there is no viable claim. Common damages include medical bills, loss of income, and pain and suffering.
Know the Statute of Limitations: Slip and Fall Injury Claims
Your slip and fall accident injury case must be initiated before the deadline expires. Under South Carolina law (S.C. Code § 15-3-535), premises liability claims—including slip and falls—are generally held to a three-year statute of limitations. If you wait too long to file, you may not be able to get compensation at all. There are very few exceptions to the deadline. You also do not want to fall behind the business/property owner or their insurance company. The best step is to speak to a Rock Hill, SC slip and fall injury attorney as soon as possible after a serious accident.
Slip and Fall Accident Victims Deserve Full and Fair Financial Compensation
Hurt in a slip and fall in Rock Hill? Under South Carolina law, you have the right to seek financial compensation for the full amount of your damages, including your non-economic losses. However, unfortunately, businesses, property owners, and insurance companies can make life very hard for injured victims. We fight for the maximum compensation in slip and fall claims, including for:
- Ambulance costs and emergency room care;
- Hospital bills and related medical expenses;
- Rehabilitative physical/mental services;
- Loss of wages and loss of future earning power;
- Pain and suffering & mental distress; and
- Scarring, disfigurement, or long-term disability.
Why Slip and Fall Accident Victims in South Carolina Trust Schiller & Hamilton
Premises liability claims are complicated—particularly slip and fall accident cases. Too many negligent businesses and property owners will fight to deny liability. Further, property insurance companies are aggressive. Even when liability is clear, they will try to pay out less. You do not have to go through the claims process alone. At Schiller & Hamilton, we’ve got your back. To learn more, review our testimonials, and case results, and reach out to us directly with any specific questions.
Contact Our Rock Hill Slip and Fall Accident Lawyers for a Free Case Review
At Schiller & Hamilton, our Rock Hill slip and fall injury attorneys are standing by, ready to get started with your case. We’ve got your back. Seriously hurt in a slip and fall? Give us a phone call now or contact us online to set up your no-cost, no-obligation initial consultation. With a law office in Rock Hill, we handle slip and fall accident claims in York County and throughout the entire region.