What to Do After a Fall in Mount Pleasant
Medical care comes first. Someone you trust can take on the rest while you're being seen.
- Get medical help. A hard fall onto tile, concrete or a deck can mean a 911 call. Keep every appointment after that, from surgery to therapy, and save the records.
- Report it. Tell a manager, landlord or host right away, or have a family member do it. Get the manager's name and ask whether an incident report was written.
- Capture the hazard before it's cleaned up. A puddle by the door, a rotten deck board, a wobbly handrail or a burned-out stair light, with the surroundings and any cone or sign.
- Keep your shoes and clothes. Unwashed, in a bag.
- Note who saw it. The clerk, the server, other shoppers and whoever helped you up. Note where cameras were pointed.
- Keep receipts and records. Store receipts, rental bookings, leases and repair requests.
- Hold off on signing. Many people talk with a lawyer first.
Tenants should save every maintenance request and message about the problem.
Where Property Injuries Happen Around Mount Pleasant
Falls happen at stores and restaurants along US-17 and Coleman Boulevard, on wet outdoor decks and docks, on stairs at raised beach houses on Isle of Palms, and in apartment complexes across town. Rain, humidity and sand on floors can all play a part.
When an Owner May Be Responsible
An injury on someone's property doesn't automatically make the owner responsible. In South Carolina, the owner's duty depends partly on why you were there. Owners generally must use reasonable care to keep the property safe for customers and business visitors, with different standards for social guests and trespassers.1
For a shopper or diner, it often comes down to whether the business made the mess, or knew or should have known about it and did nothing. A slip on a spill doesn't by itself prove the store was careless, which is why video, cleaning logs, witnesses and proof of how long the spill 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
Not spotting the danger isn't the end of the road. Under the modified comparative negligence rule, in a typical case with one owner, you generally may recover if your share of fault is 50% or less, with your damages reduced by that share.3
How Long You Have
Most injury claims in South Carolina must be filed within three years.4 That is a deadline for a lawsuit, and an insurance claim won't stop it.5
A Tort Claims Act suit against a state or local government body generally must be filed within two years, and three years may apply if a qualifying verified claim was filed first.6 Government claims also have special rules and damage limits.7 A public sidewalk could be the town's, the state's or a neighboring business's to maintain, so who's responsible varies.
The statewide page covers premises liability claims. If the injury came from an attack, see Mount Pleasant negligent security claims.
Talk With Us
Broken hips, wrists and head injuries from falls can take months to heal. We start with your account. If you hire us, the insurers can usually deal with us, and we talk through your options.
We take cases across South Carolina, including Mount Pleasant and the islands. Our office is on King Street in downtown Charleston.
We'd like to know the place and what tripped you up.
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 responsible?
Not automatically. A customer in South Carolina generally has to show the store created the hazard or knew, or should have known, about it and didn't fix it or warn.2 Video, inspection logs, witnesses and how long the hazard was there can all matter.
I didn't see the broken step before I fell. Can I still recover?
Possibly. South Carolina uses a modified comparative negligence rule. An owner may say you should have seen it, but that doesn't automatically end your claim.3 How well lit it was, whether there was a sign and how fault divides are all part of it.
I got hurt at a vacation rental on Isle of Palms. Who could be responsible?
An owner or property manager may be responsible for dangerous conditions, depending on who controlled the house, what they knew or should have known and what precautions they took.1 Keep your booking, messages with the host, photos and any complaints you made. The insurance involved can depend on the rental setup.
I fell at a park run by the town. Is that a different kind of claim?
Do I have to come to Charleston to meet?
No. The first conversation can happen by phone. Our office is on King Street in downtown Charleston if you'd like to meet later.
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.
