After a Fall or Property Injury in Columbia
Treatment comes first. A relative or friend can start on the rest.
- Get help. Call 911 after a serious fall, then keep every appointment from surgery through physical therapy.
- Tell someone in charge. A manager, landlord or host. Ask for the incident report, or at least write down who you told.
- Get pictures before it's mopped or fixed. A wide shot of the aisle or stairwell, then close-ups of the puddle, the cracked tread or the missing bulb, and any cone or sign that was or wasn't there.
- Set aside the shoes you had on. Worn soles or a wet heel can matter, so don't throw them out.
- List witnesses. Customers, employees, anyone who helped. Note where cameras were aimed.
- Keep paperwork. Store receipts, rental bookings, your lease and repair requests.
- Ask questions before signing. Many people talk to a lawyer first.
If you rent near campus or anywhere else, screenshot the maintenance portal tickets and texts about the problem.
Where Falls Happen Around the Midlands
Falls in the Columbia area happen in big-box stores along Harbison Boulevard and Two Notch Road, in older buildings downtown and in Five Points, at restaurants and bars in the Vista, at apartment complexes near USC, and at lake houses and rentals around Lake Murray. Summer storms leave wet entryways and parking lots.
When an Owner May Be Responsible
An injury on someone's property doesn't make the owner automatically responsible. The duty depends partly on why you were there: owners generally owe reasonable care to customers and business visitors, while different standards apply to social guests and trespassers.1
In a store or business, 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 evidence about the hazard and how long it was there matters.
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
If You Didn't Notice It
Missing a hazard doesn't automatically end a claim. In a typical case with one owner, you can generally recover if you are 50% or less at fault, with damages reduced by your percentage.3
Time to File
Most personal injury claims in South Carolina must be filed within three years.4 That's a deadline for a lawsuit, and an insurance claim won't pause it.5 Claims under the Tort Claims Act generally must be filed within two years, and a three-year deadline may apply if a qualifying verified claim was first filed.6 Government claims carry special rules and caps.7 A fall on a public sidewalk doesn't necessarily mean a government agency is responsible. See premises liability claims in South Carolina for more.
Talk With Us
A broken hip or a shattered wrist can take a long time to heal. Tell us how it happened. If you hire us, the insurers can usually deal with us.
Our office is on King Street in Charleston. We take cases across South Carolina, including Columbia and the Midlands. The first conversation can happen by phone. If you were attacked on a property, see Columbia negligent security claims.
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 a spill 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 Video, cleaning logs, witnesses and how long the spill sat there can all help.
I didn't see the hazard before I fell. Does that hurt my claim?
Not automatically. Under South Carolina's modified comparative negligence rule, your damages are generally reduced by your percentage of fault, and recovery is generally barred only if your fault is greater.3 A dim hallway or a missing cone can shift the picture.
I was hurt at a short-term rental near Lake Murray. Who's responsible?
Possibly the owner or property manager, depending on who controlled the property, what they knew and whether reasonable care was taken.1 Screenshot the listing and your chats with the host. Coverage may hinge on how the rental was arranged.
I fell on a city sidewalk downtown. Can I bring a claim?
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.
