What to Do After a Fall in Greenville
Treatment comes first. A relative or friend can work through this while you're in the hospital.
- Get care. Call 911 after a serious fall, and keep each appointment that follows, from surgery to physical therapy.
- Tell someone in charge. A manager, landlord or host should hear about it right away. Get the manager's name and ask whether a written incident report was made and whether you can have it.
- Photograph the hazard. The spill, broken step, loose handrail, dark stairwell or buckled floor, plus the area around it and any warning sign or lack of one.
- The shoes you had on. Set them aside, along with the clothes, without cleaning them.
- People who saw it. Shoppers, servers, the maintenance worker who came running, plus a note of any camera above the aisle or door.
- Proof you were there. The receipt, card statement, hotel or rental confirmation, or lease.
Renters should keep every repair request, text and email sent to the landlord.
Where Falls Happen Around Greenville
Falls happen in busy stores and restaurants on Haywood Road and Woodruff Road, on uneven sidewalks and stairs downtown, at apartment complexes across the county, and at hotels and rentals that host visitors. Winter ice on steps and walkways is more common here than on the coast, and summer storms leave slick entryways.
When an Owner Is Responsible
An injury on someone's property doesn't automatically make the owner responsible. In South Carolina, owners generally must use reasonable care to keep their premises safe for customers and other business visitors, while different standards apply to social guests and trespassers.1
For a store or business, the key question is usually whether it created the hazard or knew, or should have known, about it and failed to fix it or warn.2 That's why evidence of how long a hazard existed matters so much.
Failing to see a hazard doesn't automatically defeat 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 share.3
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
How Long You Have to File
Most personal injury claims in South Carolina must be filed within three years.4 The limit is for a lawsuit, and opening an insurance claim doesn't stop it.5
Lawsuits under the Tort Claims Act generally must be filed within two years, or three years after a qualifying verified claim.6 Claims against a government agency can also face caps on damages, depending on the facts.7 A cracked sidewalk downtown might belong to the city, the state or the business next to it, so who maintained it is the first question.
See our statewide premises liability page. If you were attacked rather than hurt by a hazard, see negligent security in Greenville.
Talk With Us
A broken hip or a shattered wrist from one fall can mean a plate, screws and a long stretch away from work. Tell us what you slipped on or tripped over and what happened after.
Our office is on King Street in downtown Charleston. The first conversation can happen by phone. We take cases across South Carolina, including Greenville and the Upstate. If you hire us, the insurers can usually deal with us.
Call and tell us where you fell and what the hazard was.
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 on Woodruff Road. 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 Proof of how long that puddle had been on the floor is often the hard part, and video or sweep logs can help.
I didn't see the hazard before I fell. Can I still recover?
Possibly. Under South Carolina's modified comparative negligence rule, you can generally recover if your share of fault is not greater than the defendant's, with damages reduced by your percentage.3 An owner may argue you should have noticed, but that alone doesn't end a claim.
I was hurt at a short-term rental near downtown. Who is responsible?
A rental owner or property manager may be responsible, depending on who controlled the property, what they knew and what precautions they took.1 Keep the booking, messages with the host and your photos.
I fell on a public sidewalk. Is that a claim against the city?
Maybe, depending on who owned or maintained that stretch. Tort Claims Act lawsuits against state or local government entities generally must be filed within two years, or three years after a qualifying verified claim.6 Claims against a government agency can also face caps on damages, depending on the facts.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.
