A slip and fall accident may not sound major, but often they are. These accidents cause serious injuries such as broken bones, traumatic brain injuries, and even paralysis in some cases. If you are in a slip and fall accident on someone else’s property due to a dangerous condition, you may have a valid personal injury claim. However, not all slip and fall accidents are actionable. That is, property owners are not always held liable for dangerous conditions on their property. This can make it very difficult to understand whether you can file a claim.
Proving Negligence in Slip and Fall Accidents in Rock Hill
In South Carolina, slip and fall accidents are governed by premises liability law. This law revolves around the legal concept of negligence that is the main focus of most personal injury lawsuits. To prove that a property owner was negligent, you must establish three main elements.
The first is that a property owner had a reasonable duty of care to keep you safe on their property. Unless you were trespassing, the property owner likely owed you a certain duty of care. The second element of proof involves showing that the property owner allowed a dangerous condition to remain on the property, which violates their duty of care. Lastly, you must prove that the dangerous condition caused your injuries.
Not All Unsafe Conditions Show Negligence
Establishing negligence is often difficult in any personal injury case. In slip and fall cases, however, it is even more so. The fact that a dangerous condition existed on the property is not enough to prove negligence. You must also show that the property owner knew about the dangerous condition, or should have known about it.
This will usually come down to a matter of time. If the dangerous condition was on the property for a long period of time, the property owner likely should have known about it and addressed the issue. On the other hand, if the dangerous condition just happened and the owner did not have enough time to recognize or correct the issue, the courts may find that they are not negligent.
Additionally, if there was an unsafe condition on the property, but the property owner took necessary care to properly warn visitors of the hazard, that could also protect them from being found negligent. Property owners don’t have to guarantee the safety of their visitors; they simply have to take reasonable measures to try and keep everyone safe.
Call a Rock Hill Slip and Fall Attorney for Help With Your Case
If you have been injured in a slip and fall accident on someone else’s property, you cannot take on your case alone. Slip and fall laws in South Carolina are complex, and one small mistake could ruin your personal injury claim. At the Elrod Pope Law Firm, P.A., we have a Rock Hill personal injury lawyer who can help.
We will explain the laws as they apply to your case and hold negligent property owners responsible for unsafe conditions, all in an effort to get you the full amount of compensation you deserve. Call us today at (803) 599-3080 for your free consultation to learn more.
Thomas E. Pope is a Personal Injury, Wrongful Death, and Medical Malpractice Attorney who practices in Rock Hill, Lake Wylie, and Lancaster, SC. He graduated from the University of South Carolina School of Law, and has been practicing law for 31 years now. Thomas E. Pope believes in protecting the injured. Learn more about his experience here.