Slip and fall accidents may cause serious injuries, some of which may not be immediately apparent for days or weeks afterward. If you slipped and fell because of a dangerous condition on someone’s property, you may have a valid claim for damages.
At Roden Law Firm, we fight to protect the rights of victims who get injured because of another’s negligence. Our slip and fall attorneys in Charleston have a proven track record, recovering millions in compensation for our clients.
Are you looking for an attorney who will fight hard to obtain maximum compensation on your behalf? Contact our firm for a free, no-obligation consultation to speak with one of our experienced lawyers.
Initial consultations are a free opportunity to learn if you may have a case. The decision to hire us – or not – is completely up to you. If we do represent you, we provide our services on contingency, which means no upfront costs to pay. We also do not charge any attorney fees unless you are compensated for your injury.
Call Roden Law today to learn more. Ph: 1-844-RESULTS
Proving Liability for a Slip and Fall Case
Each slip and fall accident is unique, and so is any resulting case. However, the injured victim – called the plaintiff in legal terms – will have to prove that someone caused his or her accident. Proving negligence is challenging for an accident victim, which is why you may want to consider hiring a lawyer.
Attorneys in South Carolina use a legal theory to establish negligence, specifically to prove that:
- The property owner owed you a duty of care to reasonably prevent you getting injured on his or her property
- The slip and fall was the result of a dangerous condition on the property
- The property owner knew or should have known the hazard existed, but did nothing to correct it
- Your accident was the direct result of this negligence and you suffered tangible damages, such as lost wages and medical costs.
Property Owners Duty of Care
Property owners have an obligation to ensure that reasonable steps are taken to keep the premises safe. However, whether an owner may be held liable depends on the legal status of a visitor at the time of injury.
Visitors are classified as follows:
Invitees are people that owners have invited onto the premises, usually for business purposes. An invitee can be a customer at a store, a contractor at a home, diner at a restaurant, guest at a hotel or a client at an office. Property owners owe the highest duty of care to invitees. As such, they are required to maintain their property and take reasonable steps to keep visitors safe from unreasonable risks. Reasonable steps to fulfill a property owner’s legal duty may include performing regular inspections to check for hazards and taking steps to fix them immediately. While a hazard is being corrected, the owner is also required to notify visitors about the dangers.
Licensees are individuals that property owners invite onto the premises for non-business-related purposes. This could include a friend or family member visiting, a guest at a party or a delivery person. Although property owners do not owe licensees the same duty of care as invitees, they must still warn them of any known hazards that would not be easily discoverable by the licensee. For instance, if there is a shaky handrail, the owner should tell the licensee to avoid using it.
Trespassers are individuals who enter the premises without permission from property owners. A property owner has no duty of care to a trespasser if he or she does not know of his or her presence. The only duty is to not intentionally harm a trespasser without rightful cause. It is important to note that the law does not hold trespassing children to the same standard, so they may be given greater protection. Owners must take reasonable steps to ensure their property is free from hazards that could potentially injure a child.
Slip and fall cases are often hard to validate, which is why we encourage you to contact an experienced Charleston-based slip and fall lawyer from our firm. We are ready to review your situation and discuss your potential legal options during a free consultation.
Complete our Free Case Evaluation form to get a callback from our firm.
How Much is My Slip and Fall Case Worth?
The value of your slip and fall injury case depends on the unique circumstances of your accident. Contributing factors may include how the accident happened, the severity of your injuries and your expected recovery time.
Generally speaking, these are examples of damages you may be eligible to receive:
- Medical expenses
- Loss of income
- Loss of future earnings
- Therapy services
- Pain and suffering
- Emotional distress
- Loss of consortium
If you share responsibility for the slip and fall, your awarded compensation may be less. South Carolina follows a modified comparative negligence law. So, as long as you share no more than 50 percent of the fault for your accident, you may still pursue a claim. However, your percentage of fault will be deducted from your awarded compensation.
For instance, if the jury awards you $200,000 but you are found to be 30 percent responsible for your slip and fall injury, your award amount will be reduced by 30 percent or $60,000. This will leave you with a final amount of $140,000.
If you are more than 50 percent responsible, the law bars you from recovering any compensation for your losses. Having an attorney on your side can be an important benefit for your claim. If we represent you, our attorneys are ready to work to make sure you are not assigned more than your fair share of fault.
How Long Do You Have to File a Claim?
The filing deadline is dictated by the personal injury statute of limitations in your state. These laws place a time limit on the amount of time you have to take legal action. South Carolina has a three-year deadline to file a claim. Failure to file by your deadline will likely result in the court dismissing the case.
There could be some exceptions, such as if your child suffered an injury in a slip and fall accident. In this case, the child would have one year from his or her 18th birthday to file a claim. There are other exceptions that may alter when you file as well.
To make sure you do not miss this important date, we strongly recommend speaking with an attorney. Our Charleston slip and fall attorneys are prepared to review the details of your situation and help determine the filing deadline that may apply in your situation.
Contact our firm today to get started: 1-844-RESULTS
Advantages of Working With an Attorney
There are many steps involved in trying to pursue maximum compensation for slip and fall injuries. This is why we encourage you to reach out to a licensed attorney for legal help.
Our slip and fall attorneys in Charleston are prepared to fully handle your case, which includes:
- Investigating what happened
- Gathering supportive evidence, such as photos of the accident scene and your injuries
- Determining the value of your damages
- Negotiating for fair and just compensation on your behalf
- Communicating with you throughout your case to keep you informed
We want you to focus on getting better. There are no upfront fees for our services and we do not get paid unless you do. We have a proven track record of obtaining millions in compensation for our clients.
Types Of Slip and Fall Accidents
Certain hazardous conditions can lead to a slip and fall accident. These include:
- Slippery floors caused by spills or slick surfaces
- Cluttered hallways, aisles and other walkways
- Broken staircases
- Loose handrails
- Poorly lit areas
- Ladders and scaffolding
- Uneven surfaces, such as torn carpeting or potholes
- Unstable surfaces, such as broken tiles or floorboards
These hazards are likely to be found on public or private property, such as:
- Retail stores (grocery, department, convenience, boutique, shopping centers, malls, etc.)
- Sidewalks, garages and parking lots
- Sit-down and fast-food restaurants
- Movie theatres
- Stadiums and arenas
- Public playgrounds
- Amusement parks
- Nursing homes and assisted living facilities
- Business offices
- Construction sites
- Private homes
Injuries Caused by Slip and Falls
Victims may experience a wide variety of injuries, depending on how they fell and landed. Some of the most common injuries from slip and fall accidents include the following:
- Back and spinal cord injuries
- Neck injuries
- Head, skull and brain injuries
- Broken bones and fractures
- Soft-tissue injuries
- Bruising and lacerations
Consult With a Charleston Slip and Fall Attorney
Filing any type of injury claim can be complicated. An experienced slip and fall attorney from our firm is ready to help manage the legal process for you.
Roden Law has represented many injury victims and their families, recovering millions in compensation. We are prepared to help and answer any questions you may have in a free consultation.
Our staff are available to take your call anytime, day or night. There are no upfront costs while we represent you, and we do not collect our fees unless we recover compensation you.