Do I Have a Slip and Fall Case?
Slip and fall accidents can lead to serious injury and even death. These types of accidents commonly occur at local businesses as well as hotels, timeshares, and condos around the Myrtle Beach area. They are particularly common during the tourism season when the area is visited by large numbers of guests who come to enjoy the beach and many local attractions.
Property owners are responsible for maintaining their premises in a manner that promotes safe conditions for individuals who are lawfully visiting the region. When hazardous conditions exist that property owners were aware of, or should have been aware of, avoidable accidents and injuries can happen. In these cases, property owners or lessors may be liable to pay financial compensation to victims for their losses. An experienced slip and fall lawyer in Myrtle Beach can help you to secure the maximum amount of compensation for the losses that you have suffered as a result of your injuries.
What Are the Common Reasons for Slip and Fall Injuries Experienced in Myrtle Beach?
The common reasons for slip and fall injuries experienced in the Myrtle Beach area include:
- Torn carpeting
- Cracked/uneven flooring
- Wet/slippery flooring
- Electrical cords/wires
- Torn/loose floor mats
- Loose tiles
- Area rugs
- Escalator malfunctions
- Elevator malfunctions
- Poor lighting
- Walkways cluttered with trash/debris
- Broken handrails
- Loose/broken stair treads
It is important to note that when individuals fall, they often instinctively reach out to catch themselves. This can result in hand injuries as well as injury to the forearms and wrists. These injuries often take the form of fractures. It is often the case that accident victims will also hit other objects as they fall to the ground. This can end up creating both primary and secondary blunt-force trauma injuries.
What Are the Elements of a Slip and Fall Lawsuit in South Carolina?
When you work with our experienced Myrtle Beach slip and fall lawyer here at Jebaily Law Firm, we help you to build a strong understanding of all aspects related to your case. This includes explaining the elements that you have to prove in the state of South Carolina to win financial compensation for your losses. Those basic elements include:
Duty: The property owner/manager owed you a duty of care as a visitor on their premises.
Breach: The property owner/manager breached their duty of care by acting in a manner that was negligent or by failing to take appropriate action.
Causation: As a result of the property owner or manager’s negligence, you suffered injuries that have caused you significant losses.
Under premises liability law in the state of South Carolina, the duty of care owned by property owners to guests depends on their visitor classification. There are four visitor classifications recognized by South Carolina. They are:
- Invitees – If you have entered a property at the express or implied invitation of the owner, you are considered to be an invitee. It is in this circumstance that the property owner owes the highest duty of care to you. This includes exercising reasonable or ordinary care to ensure that the premises are safe for you to be in. Property owners have to take reasonable steps to repair any conditions that are dangerous or warn visitors of any non-obvious hazards that are present.
- Licensees – The term licensee refers to individuals entering a property with the consent of the owner. An example of this would be a social guest at another person’s home. As a licensee, you are accepting the premises as they are. At the same time, the property owner does have a duty of care to warn you about any concealed/dangerous conditions that they are aware of or should be aware of.
- Adult Trespassers – If you enter a property owner’s premises without their consent, you are classified as an adult trespasser. In these cases, the property owner owes no duty of care to you. It is important to note that the premises owner cannot willfully/wantonly cause injury to you while you are trespassing on their property.
- Children – South Carolina property owners may have a duty of care to keep child trespassers safe from dangerous artificial conditions that are present that a child would not recognize but the owner is aware of or should have been aware of.
As we have shown, South Carolina slip and fall laws can be complex and highly dependent on the specific facts related to the case. Minor details can make a major difference in putting together an effective slip and fall claim.
What Is the Statute of Limitations for Slip and Fall Accidents in Myrtle Beach?
Understanding the slip and fall statute of limitations in the state of South Carolina is important if you wish to bring forward a claim for financial compensation. This subject falls under Code Section 15-3-530 which gives you up to three years to ask the South Carolina court system to provide you with a civil remedy for any personal injury, property damage or death that occurred because of a slip and fall. Given this fact, it is important to quickly speak with a slip and fall lawyer in Myrtle Beach after sustaining an injury.
What Action Should You Take When Injured in a Myrtle Beach Slip and Fall Accident?
It can be difficult to prove a premises liability claim. There may be no video recordings or witnesses who can attest to what happened. Property owners will often claim that they did not know about the existence of the dangerous conditions that led to the accident. Slip and fall lawyers will work to gather evidence that shows that the condition existed for a lengthy period to demonstrate that the business owner had prior knowledge that it was present.
If you have suffered from a slip and fall accident near Myrtle Beach, South Carolina, it is important to report the incident to the property owner where it occurred. It is advised that you take photos of the area where you slipped and quickly seek medical attention. After this, it is important to reach out to our Myrtle Beach slip and fall lawyer here at Jebaily Law Firm who can assist you in building a case for the recovery of your losses.
To contact our offices, you can give us a call at 843-438-4357 or you can message us online.