While some trips lead to nothing more than embarrassment, accidentally slipping and falling can—and often does—result in injuries with serious and even life-altering consequences. Property owners and businesses are responsible for maintaining a safe property to prevent these accidents and should be liable when they fail in this duty. Unfortunately, compelling a negligent owner or manager to pay for your losses is far from a simple process.
Help is available from a seasoned Orangeburg slip and fall lawyer who has successfully handled cases like yours. From start to finish of your legal proceedings, your personal injury attorney could work tenaciously to enforce your legal rights, protect your best interests, and secure a fair outcome.
Proving Liability While Avoiding Comparative Fault
Premises liability laws in South Carolina do not automatically hold landowners liable for an accident on their property. The specific “duty of care” that a landowner owes to someone visiting their property depends on the visitor’s reason for being there.
In general, landowners are expected to take reasonably good care of their property by addressing hazardous conditions within a reasonable amount of time. Owners also have a duty to warn lawful visitors about hazards they know about but have not yet addressed. For example, a store owner who knows about a liquid spill in a store aisle but does clean it or put up a “Wet Floor” nearby may have “breached” the duty of care they owe to customers. The store owner also has a regular duty to inspect their property for these hazards.
Proving a landowner knew or should have known about a hazard can be an evidence-intensive and complex process. An Orangeburg attorney could contest allegations of “comparative fault”—in other words, accusations that a slip and fall victim is partially to blame for their own accident—to pursue full compensation from negligent property owners.
What Damages Could Be Recoverable?
Through a successful lawsuit or settlement demand, it may be possible to recover the economic and non-economic losses resulting from a slip and fall accident. Potential plaintiffs could pursue payments to cover costs such as:
- Past and expected future medical bills
- Personal property damage or loss
- Lost work income, benefits, and future earning capacity
- Physical pain and suffering
- Psychological and emotional anguish
- Lost enjoyment or quality of life
While extremely rare in these sorts of cases, courts in South Carolina also have the authority to impose “punitive damages” against any person or company they find has been egregiously negligent or intentionally negligent. An Orangeburg attorney could gather evidence of a slip and fall accident to determine what legal options for pursuing compensation are available to an injured person.
Speak With a Determined Orangeburg Slip and Fall Attorney Today
Falling unexpectedly can lead to broken bones, soft-tissue damage, and even severe brain or spine trauma. Suffering a serious injury because of a landowner’s poor property management could be the basis for civil litigation.
Assistance from a skilled Orangeburg slip and fall lawyer could be key to achieving the best possible resolution in your civil claim. Call Whetstone Perkins & Fulda today for a consultation.