How to Win a Slip and Fall Case in South Carolina
“Slip and fall” cases involve an accident that resulted in injury, disability, or death caused by a negligent party. When a claim is filed against the responsible party, a victim may be awarded damages such as lost wages, medical expenses, pain, and suffering.
How Do I Prove Negligence in a Slip and Fall Case?
Negligence simply means that a party acted with carelessness. To win your case, you must prove that these actions led to your injuries or disability. For negligence to be found, you need to show three elements occurred:
- The party you are suing owed you a duty of care
- By their negligent act, they breached this duty of care
- This breach of duty resulted in damages
For example, if you fell in a grocery store because the floor was wet, but there were no signs around the area warning you of the potential hazard, you can file a claim against the business/business owner for your injuries. As a public business, you have a legal right to be there, and they owe you the duty of shopping in a safe and hazard-free space. When they left the floor wet without providing a warning, they breached this duty, and as a result, you sustained injuries.
Just like in any case, there are exceptions based on unique circumstances. If the floor had only gotten wet a couple of minutes before you slipped on it, it might be harder to win this case as the breach of duty is unclear because it’s unreasonable to expect the floor to be cleaned so quickly.
What Do I Do After a Slip and Fall Accident?
If you’re involved in a car accident, someone calls the police, and an officer comes to the scene to take statements. However, with slip and fall accidents, police officers aren’t usually called. In his case, it is up to you to create a paper trail and preserve evidence after an accident.
If your injuries allow you to, take pictures of the area where you fell and the conditions that led to your accident. You should also ask the business owner or manager to make an accident report and get a copy for your records.
After a slip and fall accident, the wisest thing to do is to hire an experienced attorney who can ensure security footage, documentation, pictures, etc., are preserved for your claim.
An attorney will send the at-fault party a letter of notice so they cannot get rid of any pieces of evidence they have. No matter the circumstances of your accident, you are more likely to maximize your settlement by having an experienced and knowledgeable attorney handle your claim.