Slip and fall accidents are common personal injury claims. A person slips, trips, and falls because of a dangerous condition on another party’s property. Slip and fall claims can be filed against homeowners, businesses, government entities, management companies, leasing companies, and other parties controlling the property.
Slip and fall accidents are complicated premises liability claims. The first step after an injury is to seek medical treatment. Then, contact a South Carolina slip and fall injury attorney to discuss your legal options and the right to compensation for damages.
Proving Liability for a Slip and Fall Claim in South Carolina
Property owners can be held liable when their actions cause a person to be injured. Gross negligence, willful conduct, malicious failure to warn or guard against a dangerous condition, and charging people to enter the land for recreational use are examples of actions that could result in liability. However, you have the burden of proving property owner is liable for your damages.
The elements required to prove liability in a slip and fall case in South Carolina:
- There was a dangerous or hazardous condition on the property;
- The property owner knew (actual knowledge) or should have known (constructive knowledge) that the condition existed;
- The property owner failed to take any action to correct the hazard or warn people about the hazard;
- The condition on the property was the direct and proximate cause of your injury; and,
- You suffered damages and injuries because of the slip, trip, and fall.
Property owners are not strictly liable when a person is injured while on the property. However, once the owner knew or should have known, they could have a duty to protect people on the property from the danger. Proving that a property owner knew or should have known about a danger is one of the most challenging elements of a premises liability case.
Evidence Used to Prove Liability for a Slip and Fall Accident in South Carolina
Your attorney may use various types of evidence to prove the property owner or another at-fault party knew about the danger and did nothing to protect you from injury. Examples of evidence that could be used in a slip and fall accident case include, but are not limited to:
- Copies of emails, text messages, letters, and other correspondence
- Photographs and videos of the hazardous conditions on the property
- Testimony from witnesses
- Maintenance and repair records
- Weather reports
- Business and property records
- Your medical bills proving injuries
Your attorney investigates the slip and fall accident to gather evidence proving liability. The sooner an attorney searches for evidence, the less likely the property owner can conceal or destroy evidence. If possible, take photographs and make a video of the scene immediately after your fall. Also, ask witnesses for their names and contact information so your lawyer can interview them during the investigation.
Call Now for a Free Consultation With a South Carolina Personal Injury Attorney
Our lawyers at Willcox, Buyck & Williams, PA, have extensive experience handling premises liability claims. Contact our law firm to schedule a free case evaluation with a South Carolina slip and fall accident lawyer. We fight to hold property owners liable for damages caused by slip and fall accidents.