What to Do After a Fall Around Summerville
Treatment comes first. A relative or friend can start on the rest while you are being cared for.
- Call 911 after a serious fall, then keep every appointment from surgery through physical therapy.
- Report it right away to a manager, landlord or host. Ask for the incident report, or note who took your report.
- Get pictures before anyone mops or repairs. Wide shots of the aisle or stairway, close shots of the spill or rotten board, and whether a cone or sign was out.
- Bag your shoes and clothes unwashed.
- Get names of witnesses and employees, and note where cameras pointed.
- Keep receipts, bookings, leases and repair requests.
- Ask before signing. A lawyer can answer your questions first.
If you rent, save every repair request, text and email to your landlord.
Where Falls Happen Around Summerville
Falls happen in grocery and big-box stores across Summerville, at apartment complexes off Dorchester Road and North Main Street, on stairs and porches in older homes near downtown, and in rentals and restaurants. Afternoon thunderstorms in the summer mean wet shoes and wet entryways.
When an Owner May Be Responsible
An injury on someone's property doesn't automatically make the owner responsible. In South Carolina, the duty an owner owes depends partly on why the visitor was there: owners generally must use reasonable care to keep the premises safe for customers and other business visitors, while different standards apply to social guests and trespassers.1
For a business customer, the key question is often whether the business created the hazard or knew, or should have known, about it and failed to fix it or warn.2 That is why proof about the hazard matters: video, inspection and cleaning records, witnesses and anything showing how long it 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
Missing a hazard doesn't automatically defeat a claim. 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 damages reduced by that share.3 An obvious hazard doesn't necessarily settle every question about the owner's duty or the split of fault.
How Long You Have
In South Carolina, most injury lawsuits must be filed within three years.4 The limit is for a lawsuit, so an insurance claim doesn't stop it.5
Suits against state or local government entities under the Tort Claims Act generally must be filed within two years, and a three-year limit may apply if a qualifying verified claim was filed first.6 Damage caps and special liability rules can limit claims against a government.7 A fall on a public sidewalk doesn't necessarily mean a government agency is responsible; it can depend on who owned or maintained the spot.
The statewide page covers South Carolina premises liability in more depth.
Talk With Us
A bad fall can mean surgery, months of recovery and lost work. We listen to how it happened, and if you hire us, the insurers can usually deal with us.
Our office is on King Street in downtown Charleston. We take cases across South Carolina, including Summerville. If an attack, not a hazard, caused your injury, see negligent security around Summerville.
We would like to hear what tripped you up and where.
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 phone call enough to get started?
Yes. The first conversation can happen by phone. Our office is on King Street in downtown Charleston.
I slipped on a wet floor in a store. Is the store responsible?
Not automatically. In a South Carolina store fall, 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 Whether staff walked past that puddle, and for how long, is often the heart of it.
I didn't see the hazard before I fell. Can I still recover?
Possibly. South Carolina follows a modified comparative negligence rule. An owner may argue you should have noticed, but that does not automatically block recovery.3 How dim the aisle was and whether anyone warned you will be part of the picture.
What about a fall at a short-term rental?
An owner or property manager may be responsible for a dangerous condition, depending on who controlled the property, what they knew or should have known and what precautions were taken.1 Keep the booking, messages with the host, photos and any complaints. Which insurance applies can depend on the rental setup.
What if I fell on a public sidewalk or in a government building?
A claim may be possible. Step one is learning who owned or kept up that stretch of pavement or that building. Suits against state or local government entities generally must be filed within two years, though a qualifying verified claim may extend that to three years.6 Special rules and limits also apply.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.
