The personal injury lawyers of Jebaily Law Firm know how slip and falls cause painful injuries. A fractured hip or pelvis, traumatic brain injury, or spinal damage from a fall can lead to ongoing medical bills. The injury may also keep you out of work for a long time. Your life may never be the same.
If you suffered a slip and fall due to the negligence of a property owner or manager, we will explore all of your legal options. You could recover compensation for your injuries and other losses.
For over 50 Years, our attorneys have protected the rights of injury victims and their families in Florence and throughout South Carolina. We thoroughly investigate each case and work hard to pursue the results our clients deserve.
A slip-and-fall case is a type of premises liability claim. Our experience in this highly complex area of law can make a difference for you.
To learn more, contact us today. We will provide a free review of your case.
What Should You Do After a Slip and Fall in Florence, SC?
If you or a loved one recently suffered injuries in a slip and fall in Florence, you should take the following steps:
- File a report. If you fall in a store or other commercial property, file an accident report. You should also request a copy of the report.
- Write it down. Jot down the names and contact information of any eyewitnesses. Also, you should write down everything you recall about the incident while your memory of the incident is still fresh.
- Get medical attention. A doctor can check you for injuries. The doctor will also ensure that you document your injuries. Your health is too important to delay getting medical treatment.
- Keep everything. Hold on to your medical bills and receipts of other accident-related expenses. Keep copies of photos you took of the accident scene or of your injuries. Preserve the clothes and shoes you wore as well.
- Be careful around insurance companies. Before you give a statement or accept a settlement offer, talk with an accident lawyer from our firm first.
Property owners and their insurance companies will be out to protect themselves. You should get help as soon as possible from Jebaily Law Firm. Our lawyers will focus on protecting you.
How Can Our Florence, SC Slip and Fall Accident Lawyers Help You?
Every case at Jebaily Law Firm starts with a free and confidential consultation. We want to know what happened to you. We will pay close attention to what you have to say, answer your questions, and discuss how we can assist you.
As we move forward, we will provide many helpful services in your slip-and-fall case. Those services include:
- Thorough investigation. We will gather all evidence, including photos of where the slip and fall occurred, witness statements, medical records, and more. In some cases, surveillance camera footage may be available.
- Consultation with experts. We work with highly knowledgeable experts. They can help us determine why your slip and fall occurred and how your injuries may affect your ability to work and do other activities.
- Preparation of your claim. We can present a claim to the insurance company and file a lawsuit in the proper Circuit Court. We prepare every case for success at trial.
- Settlement negotiations. Our preparation makes a difference when we deal with insurance companies. We can pursue a settlement that justly compensates you for your physical, emotional, and financial harm.
- Presentation of your case in court. We resolve many personal injury claims through settlement. If a trial is necessary in your slip and fall case, you can count on us to present a solid, skillfully prepared case on your behalf.
- Disbursement of your recovery. If we reach a settlement or secure a verdict for you, we will work quickly and efficiently to collect and disburse the funds. We want you to be able to move forward in life.
Jebaily Law Firm represents personal injury clients on a contingency fee basis. We will handle all upfront costs of your case and only bill you at the end of your case. We also will charge you no fees unless we obtain a financial recovery for you.
We will update you at each stage. We will also return your calls and answer any questions you may have. We believe our clients deserve that high level of service and personal attention.
What Types of Slip and Fall Accident Cases Do We Handle?
With nearly five decades of personal injury experience, our law firm has seen many different types of slip and fall cases. That experience helps us to identify factual and legal issues that tend to arise in certain cases.
We often work with clients who have suffered slip and fall injuries in Florence due to:
- Wet floors (caused by mopping, spilled liquids, or tracked-in ice or rain)
- Uneven or cracked sidewalks
- Covered holes in the ground
- Torn carpets or loose rugs
- Poor lighting
- Broken stairs
- Loose handrails
- Defective elevators or escalators.
We work with clients who were hurt in slips and falls in Florence stores, restaurants, shopping malls, office lobbies, and other commercial properties. We also assist those who were injured in private homes and public areas such as parks and swimming pools.
We understand how the location of a slip and fall can play an important role in a case.
What Are the Elements of a South Carolina Slip and Fall Lawsuit?
We will help you to understand all aspects of your case. For instance, we will explain the elements that you must prove in a slip-and-fall lawsuit in South Carolina. Those basic elements are:
- Duty – The property owner or manager owed a duty of care to you as a visitor to the property.
- Breach – The property owner or manager breached the duty of care owed to you by acting negligently (or by failing to act).
- Causation – Due to the property owner’s negligence, you suffered actual damages such as a fractured hip or head injury.
Under South Carolina premises liability law, the duty of care that a property owner owes to you depends on your classification as a visitor. South Carolina places visitors in four classifications:
- Invitees
When you enter property at the owner’s express or implied invitation. Examples are a customer at a store, a patient at a hospital, or a guest at a hotel. The owner owes the highest duty of care to you. The owner must exercise reasonable or ordinary care to make the premises safe for you. The owner must take reasonable steps to fix any dangerous conditions or to warn of any hidden or non-obvious hazards on the property that the owner knows about or should know about. - Licensees
When you enter the property with the owner’s consent. A social guest at a person’s home is an example. Generally, as a licensee, you accept the premises as they are. However, the owner does have a duty to warn you about any concealed dangerous conditions or activities that the owner knows about or should reasonably know about. - Adult trespassers
When you enter the property without the owner’s consent. Typically, the owner owes no duty of care to you. However, the owner cannot willfully or wantonly cause injury to you. - Children
A property owner may owe a duty to keep a child trespasser safe from a dangerous artificial condition on the property, which the child would not appreciate but which the owner knew or should have known about. A swimming pool is an example.
As you can see, slip and fall law can be highly complex and fact-specific. Even the most minor detail could make a major difference in a slip-and-fall claim.
For instance, how long was a puddle of spilled liquid in a store aisle? Did the owner (or its employees) know about the puddle? Should they have reasonably known about it?
Additionally, in many slip and fall cases, property owners or managers try to argue that a victim’s injuries resulted from an “open and obvious” hazard. However, under the circumstances in your case, was the hazard really “open and obvious?”
Can You Sue the Landowner or the Tenant in a Florence, SC Slip and Fall?
Our goal at Jebaily Law Firm is to seek maximum compensation for you. As we work on your case, we will identify all parties who should be held legally responsible – or liable – for your damages.
The property owner, typically, is the party who bears responsibility. After all, the owner should know about slip and fall hazards on the premises that you, as a visitor, would not recognize.
However, when slip and falls occur on commercial property, the owner and manager of the property may be different parties. For instance, the owner may be an out-of-state corporation. The manager may be a South Carolina-based store that leases the property. Typically, in those cases, a contract may help to determine who bears liability for slip and fall injuries.
Landlord-tenant issues also arise if a slip and fall happens at a leased private residence. The landlord may be liable if a slip and fall occurs due to an “immovable” object, such as a broken stairway. However, the tenant could be liable if the slip and fall happens because of a “movable” object, like a loose rug. In some cases, the landlord and tenant may both be liable.
Your lawyer will need to examine the specific, unique facts in your case and determine all parties who should be held accountable for your damages.
What Compensation Can You Recover for Your Slip and Fall Injuries?
A slip and fall is no minor incident. Victims can suffer multiple fractures, traumatic brain injury, spinal damage, and other serious harm. Jebaily Law Firm will carefully review the injuries and losses you suffered.
Whether it is through a slip and fall settlement or judgment, we will seek full compensation for your losses, which may include:
- Past and future medical expenses
- Lost income and diminished earning ability
- Pain and suffering
- Wrongful death damages (if you lost a loved one in a slip and fall).
You can still recover damages in a slip and fall claim in South Carolina as long as your own fault does not exceed the combined fault of the other parties (such as the landlord and tenant).
However, your recovery would be reduced in proportion to your degree of fault. For example, if you suffer $100,000 in damages, and you are 40 percent at fault, your recovery would be reduced by 40 percent and limited to $60,000.
Our role will be to challenge any attempts to place undue blame on you for your slip-and-fall injuries. Our goal is to always protect your rights.
Did Your Slip and Fall Occur on the Job?
If you suffer a slip and fall at work, your “exclusive remedy” under South Carolina law would be to file a claim for workers’ compensation benefits.
Among the lawyers at Jebaily Law Firm who can help you with this type of claim is a nationally recognized workers’ compensation attorney. We can help you through every stage of your benefits claim, including your appeal of a denied claim.
However, if a non-employee or non-co-worker caused your slip and fall, you could be eligible to pursue a third-party liability claim against that party. The claim could provide additional compensation to you, such as pain and suffering damages.
We will explore all options available to you if your case involves a slip and fall at work.
Determining Liability in a Florence Slip-and-Fall Accident
Our experienced Florence slip-and-fall attorneys can help you identify the parties at fault for your slip-and-fall accident and build a strong case designed to hold them financially liable for your injuries. To determine who is to blame, our attorneys can collect and analyze various types of evidence, including examples such as:
Accident Scene Photographs
Photos from the accident scene are often among the most critical pieces of evidence for determining liability for slip-and-fall accidents. If possible, you should take pictures of the hazardous condition that caused you to slip and fall immediately after the incident. Such photos may be essential for proving that the hazard existed.
Surveillance Camera Footage
Many private properties have surveillance cameras both inside and outside for security purposes. One of these cameras may have captured the accident. If so, your lawyer will take steps to protect and preserve any footage.
Incident Report
You must report this to management immediately. If they will give you a copy of their report, bring that with you to your appointment.
Eyewitness Statements
If other customers, guests, or employees witnessed your fall, their testimony could support your claims about the incident. Even those who did not witness your fall may have seen the hazard that caused your injuries and can provide sworn statements about it.
Property Maintenance Documentation
The hazard that caused you to fall may have resulted from poor property maintenance, which your lawyer can attempt to identify through the property’s maintenance records. For example, clogged drains or gutters can cause water to overflow, creating slippery floors.
Medical Records
Your medical records are crucial for proving the existence, severity, and extent of your injuries. They will also document your treatment plan, which can be important for determining future medical costs.
Get Help from a Florence, SC Slip and Fall Attorney Today
A slip and fall injury claim involves significant investigation, research, and preparation. As soon as you are ready to take action, you should contact an experienced Florence slip and fall lawyer. Jebaily Law Firm can provide an immediate, free review of your case.
