What to Do After a Fall or Property Injury in South Carolina
Medical care comes first. A family member or friend can start on the rest while you're being treated.
- Get help right away. Call 911 after a serious fall. Keep each appointment that follows, from surgery to physical therapy, and save the records.
- Report it. You or a family member should tell a manager, landlord or host right away. Ask for a copy of any incident report, or write down the name of the person you told.
- Photograph the hazard. Have someone take pictures of the spill, broken step, loose rail, dark stairwell or uneven floor. Include the area around it and any warning signs, or the lack of them.
- Save your shoes and clothes. Keep what you were wearing, unwashed, in a bag.
- Get names. Write down witnesses, employees and anyone who helped you. Note where security cameras were pointed.
- Keep your receipts and records. Keep receipts from the business, rental bookings, leases and repair requests.
- Get your questions answered before you sign anything. Many people talk to a lawyer first.
If you rent, keep copies of every repair request, text and email you sent the landlord.
When Is a Property Owner Responsible?
A property owner is not automatically responsible for an injury just because it happened on the property. In South Carolina, the duty an owner owes depends partly on why the visitor was there. Owners generally must use reasonable care to keep their property safe for customers and other business visitors, while different standards apply to social guests and trespassers.1
For business customers, the central question is often whether the owner or operator created the dangerous condition, or knew or should have known about it and failed to fix it or warn.2
Slip-And-Fall Claims at Stores and Businesses
A customer slipping on liquid in a grocery store does not by itself show the store was careless. The customer generally must show that the business created the condition, or knew or reasonably should have known about it and failed to respond.2
That is why evidence about the hazard matters so much: surveillance footage, inspection and cleaning records, witness statements and anything showing how long the spill or hazard was there.
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 the Hazard
Failing to notice a hazard does not automatically defeat a claim. Under South Carolina's modified comparative negligence rule, in a typical case with one property owner, you generally may recover if your share of fault is 50% or less, with your damages reduced by your percentage of fault.3 An obvious hazard does not necessarily answer every question about the owner's duty or each side's share of fault.
How Long You Have to File
Most personal injury claims in South Carolina must be filed within three years.4 That deadline is for a lawsuit in court, and opening an insurance claim does not stop it.5
Lawsuits against South Carolina state or local government entities under the 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.6 Government liability is also subject to special rules and limits on damages.7 An injury on a public sidewalk does not necessarily mean a government agency is responsible; that can depend on who owned, controlled or maintained the area. A lawyer can explain how this works for you.
Talk With Us
A serious fall can mean surgery, months of recovery and lost work. We listen to how it happened. If you hire us, the insurers can usually deal with us. We talk with you about your options.
We're based in Charleston, and we take property injury cases from across South Carolina. If damp conditions in a rental led to health problems, our page on mold in rental homes may help. Some falls cause life-changing harm; see our page on catastrophic injury claims.
Tell us where it happened 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
Is a store responsible if I slipped on a wet floor?
Not automatically. In South Carolina, a customer generally must show that the store created the dangerous condition or knew, or reasonably should have known, about it and failed to respond appropriately.2 Evidence such as surveillance footage, inspection records, witness statements and how long the hazard existed can be important.
Can I recover if I didn't notice the hazard before I fell?
Possibly. South Carolina follows a modified comparative negligence rule. A property owner may argue that you should have seen or avoided the condition, but that does not automatically prevent recovery.3 The outcome depends on the circumstances, including visibility, warnings, the property owner's conduct and each party's share of fault.
What if I was hurt at a short-term vacation rental?
A vacation rental owner or property manager may be responsible for injuries caused by dangerous property conditions, depending on who controlled the property, what they knew or should have known, and whether reasonable precautions were taken.1 Save your booking confirmation, communications with the host, photographs and any maintenance complaints. The insurance coverage that applies may also depend on the rental arrangement.
What if I fell on a public sidewalk or in a government building?
A claim may be possible, but responsibility depends on who owned, controlled or maintained the area and what caused the injury. Claims against South Carolina state or local government entities generally have a two-year filing deadline, although a qualifying verified claim may extend that period to three years.6 Government liability is also subject to special rules and limits.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.
