What to Do After a Fall on Hilton Head
Treatment comes first. Someone traveling with you, or a relative, can handle most of this.
- Call 911 after a bad fall. Then keep each appointment, from surgery to physical therapy, and save the records.
- Tell someone in charge. The manager, the front desk, the rental company or the host. Get a copy of whatever they write up, or at least the name of whoever took it down.
- Photograph the hazard. The wet tile, the rotted deck board, the loose stair rail, the dark walkway. Get the surroundings and any warning sign, or the lack of one.
- Bag the shoes and clothes. Unwashed.
- Names and cameras. Witnesses, employees and anyone who helped, and where the cameras pointed.
- Paper trail. Receipts, the booking or lease, and any repair requests.
- Wait to sign. Many people talk to a lawyer before signing anything.
Renting long term in Bluffton or on the island? Keep every repair request, text and email to your landlord.
Where Falls Happen Around the Island
Rental villas and beach houses with steep outdoor stairs and sun-faded decks, pool decks slick with sunscreen and rain, resort walkways after a summer storm, restaurant floors near the kitchen, and docks and gangways where the tide changes the angle and the boards stay wet. Visitors in an unfamiliar rental may not know which step is loose until it's too late.
When an Owner Can Be Responsible
An injury on someone's property doesn't make the owner responsible on its own. 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 standards apply to social guests and trespassers.1
For a customer at a store, restaurant or resort, 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 cleaning schedules, inspection logs, camera footage and witnesses matter.
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 the Hazard
So you didn't see it. That alone isn't fatal. Under South Carolina's modified comparative negligence rule, with one property owner involved, you can generally recover if you are 50% or less at fault, and your damages are reduced by your percentage of fault.3 An obvious hazard doesn't settle every question about the owner's duty.
How Long You Have to File
Most personal injury claims in South Carolina must be filed within three years.4 That limit is for a lawsuit, and an insurance claim does not stop it.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, and a three-year deadline may apply if a qualifying verified claim was first filed under the Act.6 There could be caps on damages under the Act too, depending on the facts.7 A fall on a public walkway doesn't necessarily mean a government body is responsible; that depends on who owned, controlled or maintained the spot.
Talk With Us
A hard fall can mean surgery, months of rehab and missed work. Tell us how it happened and how you're doing. If you hire us, the insurers can usually deal with us, and we talk through your options with you.
We take cases across South Carolina, including Hilton Head, Bluffton and the rest of southern Beaufort County. Our office is on King Street in Charleston. The first conversation can happen by phone. See South Carolina premises liability claims and, if humidity and leaks are the problem, mold in homes and rentals near Hilton Head.
Call and tell us what gave way.
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 wet floor at a grocery store in Bluffton. Is the store automatically responsible?
No. 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 Was there a mop bucket nearby? A sign? How long had the puddle been there? Those details matter.
I never saw the loose board before I fell. Does that hurt my claim?
Not necessarily. South Carolina uses a modified comparative negligence rule. An owner may say you should have noticed, but that doesn't automatically defeat recovery.3 A burned-out porch light or a missing warning sign can weigh on the owner's side.
I fell on the stairs at a vacation rental. Who could be responsible?
It depends, and not every vacation-rental injury means the owner is liable. An owner's duties can differ from those of a property manager or a maintenance contractor. Liability generally depends on who controlled the premises, the dangerous condition, notice where the law requires it, and the legal duty owed to you.1 Keep the booking confirmation, your messages with the host or rental company, photos and any complaints you made. Which insurance applies can depend on how the stay was arranged.
What if I fell on a public pathway or in a government building?
Possibly. The Town, the county, a homeowners' group or a business could be the one in charge of that stretch, and the answer shapes everything. Lawsuits under the South Carolina Tort Claims Act generally must be filed within two years after the loss was or should have been discovered, and a three-year deadline may apply if a qualifying verified claim was first filed under the Act.6 Government claims carry their own rules and possible caps on damages.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.
