Charleston Slip and Fall Accident Lawyer
A property owner’s neglect to take care of a loose floorboard, unsecured step, or crack in the sidewalk can result in devastating injuries. If you have fallen victim to a slip and fall, you may be able to file a lawsuit to recover for your injuries and other hardships.
The slip and fall lawyers at Parham, Smith & Archenhold, LLC understand the stress that can stem from a fall on another person’s property. If you can prove the property owner owed you a duty of care, you may be entitled to compensation.
Proving Negligence
Negligence is defined as failing to use the same level of care that a person in a similar situation would have demonstrated. To establish negligence, the following elements must be satisfied:
- The property owner owed you a duty of care
- The property owner breached that duty of care
- The property owner’s breach of care set into motion the events that caused your injuries (actual cause), and the injuries were a foreseeable consequence of the property owner’s breach of duty (proximate cause)
- You sustained measurable losses (financial, mental, and emotional) as a result of the property owner’s breach of care
South Carolina Premises Liability Law
Under South Carolina law, homeowners and business owners are expected to keep their property free from hazards. The level of care a landowner owes will depend on whether the person entering the property is an invitee, licensee, or trespasser.
Invitee
An invitee is a person that the business owner invited to use the property. An invitee is usually there to financially benefit the owner (such as a customer in a grocery store). In South Carolina, a business owner has the highest duty of care to an invitee and should conduct a reasonable inspection of the property to ensure that it is free of hazards.
Licensee
In contrast, a licensee is a person who is using the property for his or her own benefit. Usually, a licensee is on the property for a social or personal purpose, such as a dinner guest. A property owner owes a less stringent duty of care to a licensee. Under the law, a property owner should warn a licensee about any dangerous conditions but does not have a duty to inspect the property for defects.
Trespasser
A trespasser is someone who enters another’s property without permission. A property owner owes no duty of care to a trespasser but should not cause the person a “willful or wanton injury.”
The Benefit of Hiring a Charleston Slip and Fall Lawyer
Just because you sustained a fall and suffered injuries does not necessarily mean that it is wise for you to file a lawsuit. An experienced premises liability lawyer will be able to examine your case to determine if you are entitled to compensation. If we feel that you do not have a compensable claim, our slip and fall lawyers will be upfront with you, saving you from the stress of trial.
A Charleston Slip and Fall Lawyer Offering Aggressive Representation
Our justice system is based on compensating victims for others’ wrongdoings. Pursuing a slip and fall claim can provide you with the financial resources you need to take care of yourself, speeding up your recovery. If you have been injured on another person’s property, our Charleston slip and fall lawyers want to hear from you. Contact us online or by calling 864-242-9008 to schedule your free consultation.