What to Do After a Fall in Charleston
Downtown is full of uneven brick sidewalks, narrow piazza stairs and old buildings with steep steps. Add rain, king tides and slick hotel lobbies, and falls here can be serious: a broken hip, a wrist that needs surgery, a head injury. Get care first.
Once you're out of the ER, stay with the orthopedist and the physical therapist for as long as they say. You or a family member should tell the manager, landlord or rental host right away, and ask for a copy of the incident report or write down who took it.
Have someone photograph the hazard itself, whether a puddle, a broken stair tread, a wobbly rail, a dark stairwell or a buckled floor, plus the area around it and any warning sign or the lack of one. Put the shoes and clothes you had on in a bag, unwashed. Write down witnesses, employees and where cameras were aimed.
Receipts, rental bookings, your lease and repair requests all matter. Renters should keep every text and email about repairs they sent the landlord. Before signing anything from an owner or insurer, talk with a lawyer.
When an Owner May Be Responsible
An injury on someone's property doesn't automatically make the owner responsible. The owner's duty depends partly on why you were there: reasonable care is generally owed to customers and other business visitors, and different standards apply to social guests and trespassers.1
In a store or restaurant, the key question is often whether the business created the hazard, or knew or should have known about it and failed to fix it or warn.2 That's why proof of how long the spill or hazard was there matters so much.
If you didn't notice the hazard, that alone doesn't defeat a claim. With one property owner, you generally can recover if your share of fault is 50% or less, with damages reduced by that share.3
The Time to File
Most South Carolina injury claims must be filed within three years.4 The date is for a lawsuit in court, and an insurance claim does not stop it.5
Tort Claims Act suits against a state or local government body generally must be filed within two years, or three if a qualifying verified claim came first.6 Special rules and damage limits also apply.7 Whether a government body answers for a cracked slab turns on who owned or looked after that piece of walkway.
For the rules across the state, read South Carolina premises liability claims.
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
Talk With Us About What Happened
Tell us where you fell and what was wrong with the spot. If you hire us, the insurers can usually deal with us.
Our office is on King Street in downtown Charleston, and a first call by phone is fine. If you were hurt in an attack at a business, see negligent security in Charleston. If a dog caused the fall, see dog bites in Charleston.
South Carolina Law on This
- In South Carolina, a property owner's duty to protect visitors depends partly on why the visitor is on the property. Owners generally must exercise reasonable care to keep their premises safe for customers and other business visitors, while different legal standards apply to social guests and trespassers.1
- In a South Carolina store or business fall case, the injured person generally must show the business created the hazard or knew, or should have known, about it and failed to fix it or warn.2
- Under South Carolina's modified comparative negligence rule, you can generally recover damages if your share of fault is not greater than the fault of the defendant or defendants. In a typical two-driver accident, that means you can recover if you are 50% or less at fault, which is often described as less than 51%. Your damages are generally reduced by your percentage of fault. If your fault is greater, recovery is generally barred under this rule.3
- Most personal injury claims in South Carolina must be filed within three years.4
- South Carolina's statute of limitations generally sets the deadline for filing a lawsuit in court. Simply opening a claim with an insurance company or negotiating with an insurance adjuster does not stop the statute of limitations from running.5
- Lawsuits under the South Carolina Tort Claims Act generally must be filed within two years after the loss was or should have been discovered. A three-year deadline may apply if a qualifying verified claim was first filed under the Act.6
- Claims against a South Carolina state or local government agency have their own filing deadline, which can be shorter, and there could be caps on damages under the South Carolina Tort Claims Act, depending on the facts of the case.7
Frequently Asked Questions
I slipped on something wet in a grocery store. Is the store automatically responsible?
No. You generally must show the store created the hazard or knew, or should have known, about it and failed to fix it or warn.2 Camera footage, cleaning logs, witnesses and how long the spill sat there can all matter.
I never saw the hazard. Does that hurt my claim?
It doesn't automatically end it. South Carolina uses a modified comparative negligence rule, so a share of fault generally reduces your damages rather than barring them, unless your fault is greater.3 Lighting, warnings, what the owner did and each side's share all play a part.
I got hurt at a vacation rental on Isle of Palms. Who could be responsible?
Owners generally must exercise reasonable care to keep their premises safe for paying guests and other business visitors.1 Whether that's the owner, a rental manager or both turns on who ran the house day to day. Screenshot the listing and your messages with the host before checkout. Which insurance applies can depend on how the rental was set up.
What if I tripped on a public sidewalk downtown?
A claim may be possible, depending on who owned, controlled or maintained that stretch and what caused the fall. Lawsuits under the South Carolina Tort Claims Act generally must be filed within two years, or three with a qualifying verified claim.6 Special rules and limits apply to government liability.7
Sources
- Larimore v. Carolina Power & Light, 340 S.C. 438, 531 S.E.2d 535 (Ct. App. 2000)
- Wintersteen v. Food Lion, Inc., 344 S.C. 32, 35–36, 542 S.E.2d 728, 729–30 (2001); Garvin v. Bi-Lo, Inc., 343 S.C. 625, 628, 541 S.E.2d 831, 832 (2001)
- Nelson v. Concrete Supply Co., 303 S.C. 243, 399 S.E.2d 783 (1991); S.C. Code § 15-38-15
- S.C. Code § 15-3-530
- S.C. Code §§ 15-3-20 and 15-3-530
- S.C. Code §§ 15-78-80 and 15-78-110
- S.C. Code §§ 15-78-110 and 15-78-120
This page is general information about South Carolina law, not legal advice for your situation. Every case depends on its own facts.
