Slip and fall injuries can happen in the blink of an eye, but their consequences often linger. Even a seemingly minor fall can separate joints, break bones, or result in traumatic brain injuries. This can bring not just costly medical bills but also lost wages and debilitating emotional anguish. Fortunately, you might be able to recover compensation for these losses.
A Kingstree slip and fall lawyer may be able to help you. The personal injury attorneys of Whetstone Perkins and Fulda are standing by to give you the guidance you need for the restitution you deserve. We can work to establish your right to be on the land at the time of the accident, evaluate the actions of landowners that failed to prevent these injuries, and demand payments equal to the harms you have endured.
Slips and Falls under Premises Liability Law
Slip and fall accidents are a prominent example of personal injuries that fall under premises liability law. Premises liability law says that landowners have a duty to protect guests who enter their land from potential harm. An inability to meet this duty obligates an at-fault property owner to pay.
State law separates visitors on land into three categories. Identifying which category a visitor belongs to is often the first step in slip and fall cases. The three classes of visitors, and their attending duties, are:
Trespassers
Anyone who enters or remains on land without the owner’s consent is a trespasser. The landowners must only avoid causing willful or wanton harm to trespassers.
Licensees
Licensees are people who enter or remain on land solely for their own benefit. Typically, this includes house guests on otherwise private property. Here, you must show that the landowner failed to take reasonable care to warn the guest about a known hazard.
Invitees
Invitees are people who enter property for the benefit of the landowner. People intending to spend money in a shop are a clear example. Landowners must take reasonable steps to identify hazards on their land and protect guests from harm.
A slip and fall attorney in Kingstree could help to provide more information about your rights as a visitor.
Comparative Negligence in Slip and Fall Cases
Establishing your right to be on the land is only one part of a slip and fall claim. It is also necessary to prove that an at-fault party’s failure to provide adequate protection caused the injury. For example, in a case where you slip and fall in a grocery store, it is obvious that you are an invitee. As a result, the shop owner must take reasonable care to prevent harm.
However, this does not mean that the at-fault party is solely responsible in every case. Courts in Kingstree and throughout the state allow at-fault parties to raise the defense of comparative negligence. Pursuant to South Carolina Code §15-38-10, juries in these cases must also evaluate the actions of all parties involved. Injured parties who are found to be more than 50 percent to blame for their accident will not receive any compensation. If you hold less than 50 percent of the fault for an accident, your damages award will be reduced by your percentage of blame.
It is therefore essential to build a slip and fall case that not establishes the fault of the landowner but also justifies your actions leading up to the injury. A Kingstree slip and fall attorney could help to build defend against allegations of contributory negligence and lays blame for the accident solely on the shoulders of landowners.
Let a Kingstree Slip and Fall Attorney Handle Your Case
Slip and fall accident cases can be surprisingly complicated. It is easy to assume that because an accident happened on someone’s land, the landowner is automatically liable for the resulting damage. However, these cases must consider your permission to be on the property, your motivation for being on that property, and whether your actions have contributed to the accident.
A Kingstree slip and fall lawyer could help you to make this complex legal argument. Our team at Whetstone Perkins & Fulda is here to help you to obtain the payments needed to cover medical costs, lost wages, and lost quality of life. Contact us and let us take the lead in your case for compensation following a slip and fall injury.
