Slip and fall accidents may sound minor, but they are anything but. According to the National Floor Safety Institute, falls account for over 8 million emergency room visits each year and are the leading cause of workplace and premises-related injuries. For older adults, a fall can be particularly devastating, leading to hip fractures, traumatic brain injuries, and other life-threatening conditions.

At Dr. Ted Injury Law, Emily Thompson leads our premises liability practice, representing slip and fall victims across South Carolina and Georgia. If you have been injured in a fall on someone else's property, you may have a premises liability claim against the property owner.

What Is Premises Liability?

Premises liability is an area of law that holds property owners and occupiers responsible for injuries that occur on their property due to unsafe conditions. The basic principle is that property owners have a duty to maintain their property in a reasonably safe condition and to warn visitors of known hazards.

Common Causes of Slip and Fall Accidents

  • Wet or slippery floors from spills, mopping, or rain tracked in from outside
  • Uneven or cracked sidewalks and parking lots
  • Torn or wrinkled carpeting
  • Poor lighting in hallways, stairwells, and parking lots
  • Missing or broken handrails on stairways
  • Cluttered aisles or walkways in stores
  • Ice and snow that has not been cleared from walkways
  • Loose floor tiles or uneven flooring transitions

Proving a Slip and Fall Case

To succeed in a premises liability claim, you generally must prove three things:

1. A Dangerous Condition Existed

You must show that there was a hazardous condition on the property that created an unreasonable risk of harm. This could be a spill on the floor, a broken step, inadequate lighting, or any other condition that made the property unsafe.

2. The Property Owner Knew or Should Have Known About the Condition

You must show that the property owner either knew about the dangerous condition and failed to fix it or warn you about it, or that the condition existed for long enough that a reasonable property owner would have discovered and addressed it. This is often the most challenging element to prove, and it requires evidence about how long the hazard existed and what the property owner's inspection and maintenance practices were.

3. The Dangerous Condition Caused Your Injury

You must show a direct connection between the hazardous condition and your injuries. Medical records, incident reports, and expert testimony can help establish this link.

The Role of Comparative Fault

In South Carolina and Georgia, which follow modified comparative fault rules, the defense may argue that you were partially at fault for the fall, for example by not paying attention to where you were walking or by wearing inappropriate footwear. If you are found partially at fault, your compensation may be reduced by your percentage of fault. In North Carolina, the contributory negligence rule applies, meaning any fault on your part could bar your claim entirely.

What to Do After a Slip and Fall

  • Report the incident to the property owner or manager immediately
  • Ask that an incident report be created and request a copy
  • Take photographs of the hazardous condition that caused your fall
  • Get the names and contact information of any witnesses
  • Seek medical attention as soon as possible
  • Keep the clothing and footwear you were wearing at the time of the fall
  • Do not give a recorded statement to the property owner's insurance company

Contact Dr. Ted Injury Law at (800) 555-HURT for a free consultation about your slip and fall case.