Although a fall in a store or restaurant may result in only minor bruises, other trip and spill incidents can cause catastrophic injuries. If quick and simple action by property owners to clean up a spill or eliminate a hazard for customers or guests could have prevented an accident, then they may be negligent if they fail to do so.
Preventable accidents all too often result in severe injuries. As a result, injury victims may wish to consult a Beaufort personal injury attorney for advice about their situation. A Beaufort slip and fall lawyer may be able to represent your interests in seeking compensation from responsible parties in premises liability claims.
Common Types of Trip and Fall Claims
Slip and fall cases may arise from various dangerous conditions and hazards that exist on any property. To be legally liable for an accident, though, property owners must have been—or reasonably should have been—aware of the hazardous conditions and failed to remedy them appropriately. Some everyday dangerous situations that might lead to civil claims against a property owner or manager include:
- Spills of food and drinks in restaurants and stores
- Torn carpets, loose tile, and uneven walking surfaces
- Broken hand railings in stairwells
- Poor lighting that fails to reveal cracked pavement or holes in flooring
As a Beaufort slip and fall attorney could advise, individuals injured in these incidents may be able to seek compensation from different parties depending on the circumstances. For those injured at private residences, a homeowners or renters insurance policy may provide coverage. If the incident occurs at a public place, such as a commercial business, a commercial insurance policy may cover the costs of any injuries that result from negligence.
Negligence and Civil Litigation in Beaufort
In a slip and fall case that results in injuries, property owners who failed to adequately maintain their property or remedy a hazardous condition on the property may be liable for the costs of those injuries. These claims are referred to as premises liability cases under South Carolina law and are based on the alleged negligence of the property owner.
To prove negligence, civil injury plaintiffs must establish three distinct elements:
- The property owners owed a legal duty of care to the injury victims
- The property owners breached that duty of care by acting carelessly or recklessly
- The action or inaction of the property owners was the proximate cause of compensable injuries to the plaintiff
Generally, property owners owe a duty of care to anyone who enters their property with their consent, such as customers in a store, patrons at a restaurant, or even guests at a private residence. In these situations, property owners must keep the premises reasonably safe for others to enter. However, property owners usually would not owe this same level of duty to trespassers, or those who were unlawfully present on the property or otherwise present without the consent of the owners.
Once a visitor’s status is established, the question of legal negligence then focuses on whether property owners breached the relevant duty of care. For instance, if store owners or managers were aware or should have been aware of a spill and failed to wipe it up or warn customers, they could be liable if customers slip on it and become injured. An experienced Beaufort lawyer who focuses on slip and fall cases could consider the facts of each individual case and determine whether injury victims have a valid claim.
Meet with a Beaufort Slip and Fall Attorney About Legal Options
An unexpected and serious fall can lead to devastating physical injuries and various financial losses. Medical bills, lost wages, and rehabilitation costs all can create significant economic concerns as you are struggling to recover from your injuries. Fortunately, a Beaufort slip and fall lawyer at Schiller & Hamilton may be able to represent your interests in seeking compensation from potentially negligent parties.
Premises liability claims can be complicated matters that are difficult to navigate on your own, so having experienced guidance throughout any legal proceedings can be crucial to obtaining compensation for your losses. For more information or to schedule a consultation, call today.