Slip and fall accidents are one of the most common reasons injured individuals file personal injury claims. Not all slip and fall accidents result in a legal claim, but when they happen on someone else’s property, legal action may be necessary. Slip and falls result in very serious injuries including broken bones, traumatic brain injuries, and more.
If you have been hurt on someone else’s property, you can hold the property owner liable for paying compensation for your injuries. However, while slip and fall claims are very common, they are also some of the most complex. Our Columbia slip and fall lawyer can help you through the process so you obtain the full settlement you are entitled to.
What Causes Slip and Fall Accidents?
Businesses, landlords, homeowners, and other property owners all have a legal duty to ensure their premises are safe for visitors to enter. Unfortunately, property owners sometimes allow a dangerous condition to exist on a premises and this can result in serious physical injuries, mental distress, and more. Some of the most common causes of slip and fall accidents include:
- Cracked or uneven flooring
- Wet or slippery floors
- Electrical wires and cords
- Torn carpeting
- Broken handrails
- Cluttered floors
- Potholes
- Torn rugs and floor coverings
- Inadequate lighting
- Defective pavement
After an injured individual files a claim against a property owner, they often argue that the danger was clear, apparent, and easy to avoid. Although this can provide a defense to a slip and fall claim, it is also possible to fight the argument. A slip and fall attorney in Columbia can collect and present evidence to help you secure the full damages you deserve.
Common Injuries Sustained in Slip and Fall Accidents
Injuries sustained in slip and fall accidents are caused in many ways. Some people may fall with great force and land on vulnerable areas of their body, such as their wrist or head. In other instances, a person may fall from a great height or fall onto a dangerous object that causes injury.
Some of the most common injuries suffered in slip and fall accidents are as follows:
- Sprains
- Muscle strains
- Broken hips
- Broken legs, arms, ankles, and wrists
- Nerve damage
- Internal organ injuries
- Neck injuries
- Spinal cord injuries
- Traumatic brain injuries
Serious injuries sustained in a slip and fall accident often require extensive medical treatment, as well as physical therapy. These medical treatments are very costly and to make matters worse, accident victims incur the expense at a time when they are also unable to return to work. If an accident causes a permanent disability, which some slip and falls do, victims may not ever be able to return to gainful employment. Sometimes, a slip and fall is so severe the victim does not survive it.
In these instances, family members may be able to file a wrongful death claim against the negligent property owner.
How to Prove a Slip and Fall Claim
When filing a personal injury claim, you must prove four elements of your case. In slip and fall claims these are as follows:
- Duty: You must show that the property owner had a legal duty to keep their premises in a safe condition and warn you about any hazardous conditions that exist on the property. Proving a duty of care in slip and fall cases is more challenging than it is in other personal injury claims
- Breach of duty: You must show that the property owner failed to keep their premises in a safe condition or did not warn you about hazards, thereby breaching their duty of care
- Causation: You must show the direct link between the dangerous condition and the injuries you suffered
- Damages: A slip and fall claim is meant to compensate you for any damages, or losses, you suffered as a result of the accident. If you did not incur physical injuries, mental distress, or other losses such as property damage, there is nothing to compensate for. As such, you must prove the nature and extent of the damages you suffered as a result of your fall
Proving a slip and fall claim is never easy. It is critical that you work with a Columbia slip and fall lawyer who understands the different elements to establish and who can prove your case.
Classifications of Visitors in Columbia
Slip and fall claims are complex for many reasons. One of these is that not everyone who enters a property is owed the same duty of care by property owners. In Columbia, and the rest of South Carolina, there are three different classifications of visitors. These include:
- Invitees: Invitees are invited onto the premises by the property owner for the benefit of the property owner. Retail stores and other businesses are the most common type of property owners that invite others into their premises. Property owners owe invitees the highest duty of care, meaning they must ensure their premises are free of dangerous conditions and they must warn of any hazards
- Licensees: Licensees have the property owner’s consent to enter the property, but the purpose of the visit is usually for the benefit of the visitor. Social visitors and delivery workers are just two types of licensees that may enter a property. Property owners do owe licensees a certain duty of care, but the level does not reach that of the duty owed to invitees
- Trespassers: Trespassers are individuals who enter a property without the consent of the property owner. Property owners do not owe trespassers any duty of care and it is unlikely that they can be held liable if a trespasser becomes hurt. However, property owners cannot intentionally harm trespassers, such as setting traps for them to become injured. Another exception to trespassers is when the victim was a child and there was an attractive nuisance, such as a swimming pool or trampoline, on the premises. In these instances, property owners must ensure their premises are secure so children cannot enter
Comparative Negligence in Slip and Fall Cases
People often believe that if they contributed to the slip and fall accident, they are not entitled to damages. For example, after heavy rainfall, the entrance into a business may be slippery. If an accident victim was not wearing appropriate footwear for the weather, they may be found partly liable. Still, this does not bar them from recovering damages.
South Carolina follows the comparative negligence rule. This means that if an accident victim contributed to their injuries, they can still claim damages as long as their percentage of fault was 50 percent or less. Any damages they are awarded are then reduced by the same percentage of fault.
For example, if an accident victim was awarded $50,000 for their injuries, but were found to be 15 percent at fault, they would receive $42,500 because $7,500 (15 percent of damages) would be reduced from their total award.
What to Do After a Slip and Fall Accident
It is natural to feel stressed and unsure of your next steps after being hurt in a slip and fall. The actions you take immediately after, though, will greatly impact the success of your claim. The steps to take after a slip and fall are as follows:
- File an injury report with the property owner, if applicable, and ask for a copy of the report.
- Take as many photographs of the property, the dangerous condition, and your injuries.
- Locate witnesses and ask for their names and contact information.
- Seek medical attention to protect your health and well-being and to document your injuries.
- Contact a slip and fall attorney in Columbia.
After an accident, do not speak to any adjuster from an insurance company until you have contacted a Columbia slip and fall lawyer.
Call Our Slip and Fall Lawyer in Columbia Today
After a slip and fall accident, you need legal advice. At McCravy, Newlon, Sturkie, & Clardy, our Columbia slip and fall lawyer can provide it and help you obtain the full damages you deserve. Call us today at 866-MCCRAVY or contact us online to schedule a free consultation with one of our experienced attorneys and to learn more about how we can help.