Important Things to Know About Slip and Fall Claims
Slip and fall accidents are very common. Consider that these accidents account for over one million hospital visits in the country every year. Walmart, one of the biggest retailers in the country, reports approximately 1,000 customer injuries every day due to people slipping on merchandise or liquid spilled on the floor.
If you have been injured due to another person’s negligence, you can file a lawsuit against them. These cases are extremely complex, though, and there are many laws that govern them. Below, our Daniel Island premises liability lawyer explains what these are.
Determining Liability for a Slip and Fall
To prove that a property owner is liable for paying damages for your injuries, you must establish three different elements of your claim. These are:
- The property owner owed you a duty of care to keep you safe,
- The property owner acted negligently and breached their duty of care, and
- You suffered injuries as a direct result of the breach of care.
While property owners owe everyone on the premises a duty of care, the level of care owed is dependent on the type of visitor.
Classification of Visitors
There are three classifications of visitors in South Carolina. If you have been hurt, it is important to first know the classification you fall into to determine if you are owed damages. The three classifications of visitors are as follows:
- Invitees: Invitees are visitors who are invited onto the property for the purpose of benefiting the property owner. Customers in a store are one example of invitees. Property owners owe invitees the greatest duty of care, which means locating hazardous conditions on the premises and repairing them or warning invitees of them.
- Licensees: Licensees are individuals who enter the premises for their own entertainment or convenience, such as a social guest. Property owners owe licensees a reasonable duty of care to licensees. This means property owners must inform visitors of any concealed hazardous conditions, or dangerous conditions the property owner is aware of.
- Trespassers: Property owners do not owe trespassers any duty of care, but they cannot willfully harm them.
Even when property owners owe visitors a high duty of care, they are not expected to identify and fix hazardous conditions the exact moment they occur. For example, liquid may spill on a grocery store floor. The property owner, or their staff members, are not expected to clean the spill as soon as it happens, but they are expected to find it and clean it up in a reasonable amount of time.
Our Premises Liability Lawyer in Daniel Island Can Help with Your Claim
The laws regarding slip and falls in South Carolina are complex. At Fuller Law Firm, our Daniel Island premises liability lawyer can explain what they are, determine who is liable for paying damages, and help you obtain the full and fair settlement you deserve. Call us today at 843-277-0013 or chat with us online to request a free consultation with our experienced attorney and to get the help you need.
Sources:
gbr.pepperdine.edu/2010/08/slips-trips-and-falls/
scstatehouse.gov/code/t15c038.php
