Charleston Slip and Fall Accident Attorneys
One minute you are shopping or getting up to leave a restaurant –the next you are flat on your back on the floor, in serious pain. Whether you are on someone’s residential or commercial property it is the owner’s duty tomake sure the property is safe. Explore your options for obtaining compensation for your medical and other expenses resulting from someone else’s negligence.
Slip and fall accidents are often dangerous. Many falls result in serious, sometimes life altering injuries. According to the National Floor Safety Institute (NFSI) slip and fall accidents are far more common that we might expect.
FIling an Injury Claim
It is important to know that there are two important rules relating to filing a slip and fall injury claim in South Carolina. The two rules you need to be aware of are the modified comparative negligence rule, which may limit the amount you recover for injuries if you are partially responsible for the accident, and the statute of limitations.
The statute of limitations in a slip and fall case in South Carolina is usually the same one that applies to any personal injury case. South Carolina Code section 15-3-530 says you have three years to ask for a civil remedy for any personal injury, death or damage to personal property. Your slip and fall case hinges on whether or not owner of the property where the accident occurred took reasonable steps to keep the property safe and/or to prevent your accident from occurring. Was the owner of the property negligent? Did the stated negligence cause your slip and fall accident?
Not every slip and fall injury leads to the plaintiff filing a lawsuit. In fact, many of them are resolved via a settlement, but the most important thing is to file your claim as soon as possible to not only preserve evidence, but to make certain you are within the statute of limitations timeline.
Slip and Fall Injuries
U.S. emergency rooms deal with roughly 8 million slip and fall patients every year
Approximately 5 percent of those who slip and fall sustain a hip fracture
Slips and falls are the leading cause of accidental death for adults over 85
Roughly one in three adults over the age of 65 slips and falls at some point
About 60 percent of deaths in those over the age of 75 are related to slip and fall accidents
Slip and Fall - Premises Liabiity
Slip and fall accidents are categorized as premises liability claims.
What if the defendant counters your claim with allegations that you were partially at fault for your accident? If a measure of fault is assigned to you as being a contributory cause for the slip and fall incident, any court award could be lowered by the percentage of your fault, or you may end up with zero compensation.
Slip and fall accidents come under a category of personal injury law called “premises liability,” that means the owner of a property may be held responsible/liable if someone is hurt on that property. The victim or plaintiff cannot be a trespasser. However, there are some exceptions to that rule.
Three things must be proven to be successful in a slip and fall case.
To win a slip and fall case, the victim must prove there was negligence and to do that, three elements must be shown:
1. That the plaintiff was owed a duty of care by the defendant
2. That there was a negligent omission or act, that resulted in a breach of the duty of care
3. That the resulting damages sustained by the plaintiff were a direct result of the breach of duty
Causes of Slips and Falls
Slip and fall accidents can happen anywhere and at any time of the year. Slip and fall accidents may be caused by numerous things including, but not limited to:
- Uneven surfaces
- Wet surfaces
- Loose floorboards or tiles
- Construction debris
- Torn carpeting
- Sidewalk or parking lot potholes
- Uneven sidewalks or curbing
- Weather conditions, like ice or snow
- Improper footwear
- Spilled liquids
- Spilled grease
- Poor lighting
- Stairs without handrails
Slip and Fall Accident Injuries
Everyone faces the risk of a disabling injury in a slip and fall accident caused by the negligence of others. Often the victims require extensive, costly hospital treatment and follow up rehabilitation. Some may face a permanent disability and some injured in a slip and fall accident may die.
The most common injuries sustained in a slip and fall accident are:
- Spinal injuries
- Knee injuries such as torn ligaments, breaks and sprains
- Fractures, most often involving the wrists and hips
- Head trauma such as lacerations or concussions
- Muscle injuries
Where do most slip and fall accidents occur?
Most slip and fall accidents happen on uneven surfaces, doorways, ladders, ramps and stairs. When slip and fall accidents resulting in injury occur in the home, most happen on the main level. Slip and fall incidents are responsible for approximately 50 percent of accidental deaths that happen in a home.
One of the primary causes of missed work days is slip and fall accidents. Slip and fall accidents account for approximately 11 percent of work-related deaths for males and approximately 5 percent of work-related deaths for women. The leading cause of workers’ compensation claims is slip and fall accidents, and roughly 85 percent of workers’ compensation injury claims are related to a worker slipping on a wet surface. American employers pay close to $70 billion in compensation/medical expenses every year for slip and fall injuries.
Slip and Fall Accidents
Roughly 85 percent of workers’ compensation injury claims are related to a worker slipping on a wet surface
The leading cause of workers’ compensation claims is slip and fall accidents
Roughly 67 percent of all fatalities as a result of a slip and fall accident are adults over the age of 75
Flooring and flooring materials caused about 2 million slip and fall accidents every year
Contact the Steinberg Law Firm
At the Steinberg Law Firm we understand what it is like to suffer from injuries sustained in a slip and fall accident, no matter where or why it happened. We are here to hear your story and find out how we can help you obtain fair and equitable compensation for those injuries.
Not sure if you have a slip and fall case? We offer a free consultation so we can help you figure that out. Call us at 843-720-2800 or contact us today about our free consultation.