First Steps After a Fall in North Charleston
Treatment first. Family can do the rest.
- Call 911 after a bad fall.
- Keep every surgery and therapy date.
- Tell the manager, landlord or host.
- Ask for the incident report.
- Photograph the hazard and its surroundings.
- Note any warning sign, or none.
- Keep the shoes. Don't wash anything.
- Note where cameras pointed.
- Renting? Keep every repair request.
Falls Around North Charleston
In North Charleston, people get hurt on a wet tile floor after a summer storm, a dark apartment stairwell off Dorchester Road, a rotted porch step on an older rental near Park Circle, or a hotel walkway along I-26. Why you were there, and who ran the place, shapes everything below.
South Carolina Law on Premises Liability
The Owner's Duty
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
Stores and Businesses
In a 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 That's why camera footage, cleaning records and witnesses matter.
Shared Fault
Under South Carolina's modified comparative negligence rule, in a typical case with one defendant you can recover if you are 50% or less at fault, and your damages are generally reduced by your percentage of fault.3 An obvious hazard doesn't answer every question.
Time to File
Most personal injury claims in South Carolina must be filed within three years.4 Simply opening a claim with an insurance company 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.6 Claims against a South Carolina state or local government agency could face caps on damages under the Tort Claims Act, depending on the facts of the case.7 A public sidewalk isn't automatically the government's responsibility.
More on premises liability claims in South Carolina.
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
Talk With Us
Some falls end in a hip replacement. Tell us how it happened. If you hire us, the insurers can usually deal with us.
We take cases across South Carolina, including North Charleston. Our office is on King Street in downtown Charleston. Attacked rather than hurt by a hazard? Our North Charleston negligent security page fits better.
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 puddle in a grocery aisle. Is the store responsible?
Not automatically. In a 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 Video, cleaning logs and how long the puddle sat there can all matter.
I never saw what tripped me. Can I still recover?
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. Your damages are generally reduced by your percentage of fault.3 Signs and bulbs count. So does the owner's response.
I got hurt at a short-term rental. Who's responsible?
Owners generally must exercise reasonable care to keep their premises safe for customers and other business visitors.1 Who controlled the place and what they knew both matter. Keep the booking, host messages and photos.
I tripped on a broken public sidewalk. Then what?
It depends who owned or maintained that stretch. Lawsuits under the South Carolina 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 under the Act.6 Claims against a South Carolina state or local government agency could face caps on damages.7
Do I have to come downtown to talk?
The first conversation can happen by phone. Our office is on King Street in downtown Charleston, south of North Charleston by way of I-26 or Rivers Avenue. Can't make the trip? We can meet you at the hospital, at your home or another place that works.
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.
