You have the right to feel safe when you go about your daily life. Although accidents can happen, those around you have the responsibility to help keep public spaces safe for everyone. This particularly applies to private businesses and organizations that have the obligation to make sure that their facilities are safe for guests.
When a business owner or manager fails to keep a facility safe, accidents happen. Slip and fall cases occur when the floors in a public area are not kept clean, dry, and clear of obstructions. This constitutes negligence on the part of the business owner. Because negligence is involved, you can file a personal injury claim if you get hurt in a slip and fall situation.
With the help of a South Carolina slip and fall attorney, you can achieve the compensation that you deserve following an accident that was someone else’s fault.
Slip and fall accidents are the most common type of premises liability claim, but there are many other types of premises liability claims based on injuries caused by unsafe or defective conditions on a person or business’s property.
The slip and fall accident lawyers on the Axelrod team have the experience you need to recover full and fair compensation in any type of premises liability case, including:
Premises liability is when a property owner is responsible for an unsafe condition that causes injury to an invitee or a licensee on their premises.
The property owner is negligent when they breach a duty of care to the visitor. The duty of care that a property owner owes to visitors in SC depends on the visitor’s status
An invitee is on the premises due to the express or implied invitation of the property owner. A property owner owes a duty of care to make their premises reasonably safe for invitees, who may include:
The property owner has a duty to keep their premises safe for invitees, to warn invitees of any dangers that the property owner is aware of, and to correct unsafe conditions whenever possible.
A licensee is someone who has the property owner’s express or implied permission to be on the property – they haven’t been invited, but the property owner allows them to enter the premises for the licensee’s benefit and not the property owner’s benefit.
For example, a salesperson who enters a grocery store to market their product to the owner or manager is a licensee, not an invitee.
The property owner still owes a duty of care to a licensee, although it is not as high a duty of care as with an invitee, and the property owner must warn a licensee of dangerous or unsafe conditions on the premises
A trespasser is someone who was not invited and does not have permission to be on the property. In most cases, the property owner does not owe a duty of care to a trespasser and is not liable for a trespasser’s injuries unless the property owner causes injury to the trespasser intentionally
Trespassing children may be treated differently, depending on the facts of a case. A property owner may be liable for injuries to children under the theory of “attractive nuisance” when:
Slip and fall accidents are the most common type of premises liability claim. Slip and fall or trip and fall injuries can be caused by:
Negligence can be proven when a property owner:
For example, if a customer in a grocery store drops a bottle of salad dressing that shatters, covering the floor with slippery liquid, and then another customer immediately steps in it, slips, and falls, the property owner may not be liable because 1) they were not on notice of the dangerous condition and 2) there was no time for store employees to clean it up.
On the other hand, if a customer drops a bottle of salad dressing that shatters, covering the floor with slippery liquid, and they tell an employee what has happened, the store is on notice that there is an unsafe condition. If the spill is not cleaned up, and if another customer steps in it, slips, and falls some time later, the property owner is liable because 1) they were on notice and 2) they did not take action to remedy the unsafe condition or to warn the public of the danger.
Similarly, if there is an unsafe condition that may lead to injury or death by drowning in a swimming pool, the property owner has a duty to make their pool safe by remedying the condition or preventing access to the pool.
Depending on the situation, hotels, motels, apartment complexes, and homeowners can be negligent by:
Personal injury lawyers generally take between 30 and 40% of the settlements in their cases. However, every injury attorney and law firm is different. Some firms charge hourly rather than as a percentage of the settlement. Before you begin to work with any injury lawyers, be sure to discuss finances with them. This way, you can ensure that you can afford their services, which makes your claim much more likely to be proven.
In South Carolina, the law does not outline any standard formula for pain and suffering. Rather, attorneys and judges calculate pain and suffering compensation on an individual case basis. It is important to note that many people do not receive compensation just for pain and suffering, but rather for their experience as a whole. Unless the situation is particularly horrific or the responsible party was very negligent, pain and suffering will simply be a small part of the overall settlement.
In South Carolina, the statute of limitations for a slip and fall accident is three years. After this time, you are unable to seek compensation from someone who is responsible for your injury. Regardless of this waiting period, it is always best to develop your case as soon as you believe that you have one. The longer you wait, the less evidence will be available and the less likely you are to win a settlement.
Yes. Slip and fall claims fall under civil law. This means that the case involves one citizen or business (the prosecution) pressing charges against another citizen or business (the defense). The prosecution may drop the case at any time if they realize that they do not have sufficient evidence or if they no longer wish to seek compensation. This is distinct from a criminal case where the prosecuting side is the state or federal government and charges are rarely dropped.
If you have been injured due to a property owner’s negligence, the Myrtle Beach slip and fall lawyers at Axelrod &; Associates may be able to help you to get maximum compensation for your injuries. With our help, you can gain the financial support necessary to rebuild your life and regain your health. We are highly experienced and offer you the best representation in Myrtle Beach.