After a Fall or Property Injury on Johns Island
Treatment comes first. Spills get mopped and broken boards get replaced fast, so a relative or friend can help record the scene.
- Get care. Call 911 after a serious fall. Tell each doctor exactly how it happened, and keep every surgery and therapy visit.
- Report it. Tell the manager, landlord or host right away, ask for a copy of any incident report, or note the name of the person you told.
- Photograph the hazard. Close-ups and wide shots of the spill, broken step, loose rail, dark stairway or uneven floor, plus any warning sign or the lack of one.
- Bag your shoes and clothes. Keep them unwashed.
- Write down who saw it. Clerks, other shoppers, neighbors or guests who helped you up. Note where cameras pointed.
- Keep proof of why you were there. Store receipts, rental bookings, leases and repair requests.
- Wait before signing. Many people talk with a lawyer first.
Renters should save each repair request and every text or email to the landlord or manager.
Property Injuries on the Island
On Johns Island, falls and property injuries happen at stores and restaurants, apartment complexes, older homes and new construction, and vacation rentals on the way to Kiawah and Seabrook. Docks, decks and outdoor stairs see a lot of salt air and rain, and rental guests may not know a property's quirks.
When an Owner May Be Responsible
An injury on someone's property does not automatically make the owner liable. In South Carolina, the duty owed depends partly on why the visitor was there. Owners generally must use reasonable care to keep the property safe for customers and other business visitors, while social guests and trespassers fall under different standards.1
For a business customer, the main question is often whether the owner created the hazard, or knew or should have known about it and failed to fix it or warn. Slipping on a spill does not by itself prove the store was careless, which is why camera footage, cleaning records, witnesses and how long the hazard sat there matter.2
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 See It Coming
Missing a hazard does not automatically end a claim. Under modified comparative negligence, in a typical case with one owner, you generally may recover if your share of fault is 50% or less, reduced by that share.3 An obvious hazard does not answer every question about the owner's duty or how fault is split.
Time Limits
Most South Carolina injury claims must be filed within three years.4 The limit is for a lawsuit, and an insurance claim does not pause it.5
Tort Claims Act suits against a state or local government body generally must be filed within two years, or three years if a qualifying verified claim was filed first.6 Government liability also has special rules and damage caps.7 An injury on public ground doesn't necessarily mean a government agency is responsible; it depends on who owned, controlled or maintained the spot. The statewide page covers premises liability claims in South Carolina.
Talk With Us About What Happened
A hard fall down rental stairs or on a slick floor can mean a hip or wrist surgery and a long recovery. Tell us where you fell and what was underfoot. If you hire us, the insurers can usually deal with us, and we talk with you about your options.
Our office is on King Street in downtown Charleston. We take cases across South Carolina, including Johns Island. The first conversation can happen by phone, which helps when you're still on crutches.
If someone attacked you on the property, see Johns Island negligent security claims. If a dog caused the injury, see Johns Island dog bites.
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 store. Is the store automatically responsible?
No. In South Carolina, a customer generally has to show the store created the hazard, or knew or reasonably should have known about it and didn't respond properly.2 Video, sweep logs, witnesses and how long the spill sat there can all bear on it.
I didn't see the hazard before I fell. Does that hurt me?
Not automatically. South Carolina follows modified comparative negligence. An owner may argue you should have seen or avoided the hazard, but that does not by itself bar recovery.3 Visibility, warnings, the owner's conduct and each side's share of fault all matter.
I was hurt at a vacation rental on the island. Who is responsible?
Depending on who controlled the house, what they knew or should have known and what precautions they took, the owner or manager of a vacation rental may be responsible.1 Save the booking, messages with the host, photos and any complaints about repairs. The insurance that applies may depend on the rental setup.
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.
