Beaufort Trip and Fall Injuries: Understanding Your Legal Rights
At McDougall Law Firm, we are dedicated to serving the Beaufort community and all of South Carolina. Since 2007, our team has focused exclusively on helping injured clients obtain fair compensation for personal injury claims, including slip and fall and premises liability cases. We offer a free initial consultation and handle cases on a contingency fee basis, meaning you pay nothing unless we recover for you.
Beaufort trip and fall injuries can cause serious physical harm, high medical bills, and long-term financial strain. Many of these accidents happen on someone else’s property because of unsafe conditions such as uneven walking surfaces, wet floors, or poor lighting. In South Carolina, premises liability law allows injured parties to seek compensation when a property owner’s negligence causes a fall accident.
In this blog, we explain the causes, common injuries, and legal requirements for filing a premises liability claim in South Carolina, and why working with an experienced Beaufort premises liability lawyer can help you secure maximum compensation for your trip and fall injuries.
Understanding Premises Liability in South Carolina
Premises liability law in South Carolina sets the rules for when a property owner can be held responsible for injuries on their property. This includes Beaufort trip and fall injuries caused by unsafe or hazardous conditions. Knowing these rules is important for anyone who has been hurt in a fall accident on someone else’s property.
Legal Duty of Property Owners
South Carolina law requires property owners to keep their premises reasonably safe for visitors. This includes fixing unsafe conditions and warning about hazards that are not obvious. A negligent property owner can be held liable when their failure to maintain a safe environment causes a trip and fall accident or other fall-related injuries.
Who Is Protected Under the Law
The law protects different categories of visitors. Invitees, such as customers in a store, receive the highest level of protection. Licensees, like social guests, are also protected, but the duty owed is slightly less. Trespassers have limited protection, but property owners still cannot cause intentional harm.
Proving Negligence in a Trip and Fall Case
To win a premises liability claim in South Carolina, an injured party must show:
- An unsafe condition existed.
- The property owner knew or should have known about the hazard.
- The hazard caused the injury.
- The injury resulted in damages like medical bills, lost wages, or other losses.
Comparative Negligence Rule
Under S.C. Code Ann. § 15-1-300, South Carolina uses a modified comparative negligence rule. If the injured party is found to be 50 percent or less at fault, they can still recover damages. If they are more than 50 percent at fault, they cannot recover. This rule often plays a major role in trip and fall cases.
Common Causes of Trip and Fall Accidents in Beaufort
Trip and fall accidents in Beaufort often happen because of unsafe property conditions. Many of these hazards can be prevented if a property owner takes reasonable steps to keep the area safe.
Uneven Walking Surfaces
Cracked sidewalks, broken pavement, loose floor tiles, and potholes are common causes of fall accidents. These uneven walking surfaces can catch a person’s foot and cause a same level fall or elevated fall. Property owners should inspect and repair these hazards before someone gets hurt.
Wet or Slippery Floors
A wet floor from spills, cleaning, or rain tracked indoors can create dangerous slippery surfaces. Grocery stores, restaurants, and public buildings are common places where this hazard is found. Warning signs and prompt cleanup are essential to prevent slip and fall accidents.
Poor Lighting
Poor lighting in parking lots, stairwells, or hallways can hide hazardous conditions. Without proper lighting, a visitor may not see obstacles, uneven flooring, or steps. This increases the risk of trip and fall injuries.
Obstructed Walkways
Cluttered aisles, electrical cords, or misplaced merchandise can create unsafe conditions. These obstructions can block a safe path and lead to a fall accident. Property owners have a duty to keep walkways clear for visitors.
Lack of Handrails or Safety Features
Missing or broken handrails on stairs, ramps, or elevated platforms can cause serious consequences. Without proper support, a person may lose balance and suffer head injuries, neck injuries, or ankle injuries in a fall.
Common Injuries Resulting from Fall Accidents
Fall accidents can cause a wide range of injuries. Some heal quickly, while others lead to long-term medical problems and significant financial losses.
Traumatic Brain Injuries
A sudden impact to the head during a trip and fall accident can cause a traumatic brain injury. Symptoms may include headaches, confusion, dizziness, and memory problems. Severe cases can result in permanent disability and require ongoing medical care.
Neck and Spinal Injuries
Falls can cause neck injuries or damage to the spinal cord. These injuries may lead to chronic pain, limited mobility, or even paralysis. Recovery often involves surgery, physical therapy, and extended time away from work.
Bone Fractures
Ankle injuries, wrist fractures, and hip fractures are common in fall-related injuries. These injuries can occur in both same level falls and elevated falls. Older adults face a higher risk of complications from broken bones.
Soft Tissue Injuries
Sprains, strains, and deep bruises are common slip and fall accident injuries. While these injuries may seem minor, they can limit movement and make it difficult to work or carry out daily activities.
Internal Injuries
A hard fall can cause internal bleeding or organ damage. These injuries may not be obvious right away, making medical attention essential after any serious fall accident.
Legal Requirements to File a Premises Liability Claim in South Carolina
Understanding the legal requirements can help injured parties assess their rights.
Proving an Unsafe Condition
First, you must show that an unsafe or hazardous condition existed on someone else’s property. Examples include a cracked sidewalk, a wet floor, or an uneven surface. The condition must pose a real hazard that a reasonable property owner should fix or warn visitors about.
Property Owner Knowledge
Next, you must show that the property owner knew or should have known about the hazard. This can include actual notice or constructive knowledge. In South Carolina, constructive knowledge arises when a property owner could have discovered the hazard through reasonable inspection.
Causation of Injury
You must also show that the unsafe condition caused your injuries. You must prove that the fall accident occurred because of the hazard, and that those injuries would not have happened otherwise. This links the hazard directly to harm suffered.
Damages and Financial Losses
You must show that you suffered damages. Damages include medical bills for treatment, lost wages from missed work, and other fall related injuries such as pain and suffering. South Carolina law limits recovery if the injured person bears fault.
Comparative Negligence Rule
South Carolina applies a modified comparative negligence system. If you are 50 percent or less at fault, you can recover damages reduced by your percentage of fault. If you are more than 50 percent at fault, you cannot recover.
Statute of Limitations
You must file your premises liability claim within three years of the date the accident occurred. This deadline follows the statute of limitations under S.C. Code Ann. § 15‑3‑530. If you miss the deadline, you likely lose the right to file a fall claim in court.
Get Help from a Beaufort Premises Liability Lawyer Today!
If you have suffered trip and fall injuries on someone else’s property in Beaufort, do not wait to protect your rights. Our team at McDougall Law Firm has the experience and in-depth knowledge of South Carolina premises liability law to build a strong case, deal with the insurance company, and pursue maximum compensation for your medical bills, lost wages, and other losses.
Contact us at 843-438-4386 for a free case consultation today!
