After a Serious Fall in Spartanburg County
Treatment comes first. Someone close to you can start on the rest.
- 911 for a bad fall. Then every appointment that follows, from surgery through physical therapy, with the records saved.
- Report it on the spot. Find the shift manager, property office or rental host. Get a copy of any incident report, or at least the name of the person you told.
- Photograph the hazard. The puddle, the broken stair, the wobbly railing, the dark stairwell, plus the area around it and whether any warning sign was posted.
- Bag your shoes and clothes. Unwashed, as they were.
- Who was around. Shoppers, clerks, the person who helped you up. Glance at where the cameras face.
- Save receipts and paperwork. Store receipts, rental bookings, leases and repair requests.
- Don't sign in a hurry. Many people talk to a lawyer first.
Tenants: screenshot every maintenance request and landlord text.
When Is an Owner Responsible?
An injury on someone's property doesn't automatically make the owner responsible. 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
Falls in Stores and Restaurants
A spill on a grocery aisle floor doesn't by itself prove the store was careless. 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
So proof about the hazard counts: store video, sweep logs, witnesses and anything that shows how long the spill or broken tile 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 It
Didn't see it coming? That alone doesn't end things. Under South Carolina's modified comparative negligence rule, with one property owner, you can generally recover if you are 50% or less at fault, with your damages reduced by your share.3 An obvious hazard doesn't settle every question about the owner's duty or how fault splits.
The Filing Deadline
Most personal injury claims in South Carolina must be filed within three years.4 That's about filing in court, and an insurance claim doesn't pause it.5
Tort Claims Act suits against a state or local government entity generally must be filed within two years, and a three-year deadline may apply if a qualifying verified claim was first filed.6 There could be caps on damages under the South Carolina Tort Claims Act, depending on the facts of the case.7 Downtown sidewalks can be tricky, because who maintains a given stretch of Main Street pavement isn't always obvious. A lawyer can explain how this applies to you.
Talk With Us
A serious fall can mean an operation, a long recovery and lost paychecks. We start with how it happened. If you hire us, the insurers can usually deal with us, and we'll go over your options.
We take cases across South Carolina, including Spartanburg County. If you were attacked on a property rather than hurt by a hazard, see negligent security in Spartanburg. For the statewide view, see premises liability claims.
Tell us which property 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 in a grocery store. Is the store automatically liable?
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 Proof often comes down to the store's video, its floor-check sheets and anyone who saw how long the puddle had been there.
I never saw the broken step. Does that ruin my claim?
Not necessarily. South Carolina follows a modified comparative negligence rule. An owner may say you should have spotted the hazard, but that doesn't automatically bar recovery.3 A dim hallway, a missing cone and the owner's own choices can weigh against them.
I got hurt at a lake house I rented near Lake Bowen. Who is responsible?
Possibly the owner or the property manager, depending on who controlled the house, what they knew or should have known and what precautions were taken.1 Keep the booking confirmation, messages with the host, photos and any complaints about repairs. Coverage may turn on whether it was booked through an app, a local agency or the owner directly.
I fell on a city sidewalk downtown. Is that a different kind of claim?
Sometimes. Whether the city, the state, a business or a landlord was in charge of that piece of pavement matters. 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 with a qualifying verified claim.6 There could be caps on damages under the Act, depending on the facts of the case.7
Can I start by phone from Spartanburg?
The first conversation can happen by phone. Our office is on King Street in Charleston.
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.
