Copyright © Miller Conway Law, 2023 | All rights reserved.
Snow and icy conditions are common causes of slip and fall accidents, but these mishaps can happen year-round—and for many reasons. While most fall injuries are minor and heal over time, some are severe and cause long-lasting trauma.
If you sustained injuries in a fall on someone else’s property, you could be eligible for reimbursement for your losses. For help starting your personal injury claim, call a hard-working Goose Creek slip and fall lawyer to schedule a consultation. With over 30 years of local experience, the Miller | Conway team is ready to fight for you.
Snow, ice, rain, or spills are the most typical hazardous conditions leading to slip and fall accidents. Some other common causes include:
Some severe injuries in slips and falls include broken bones, traumatic brain injuries, and back or spinal cord injuries. A Goose Creek slip and fall attorney can thoroughly investigate your claim to find the cause and gather the evidence needed to prove liability.
South Carolina follows a modified comparative fault rule for personal injury cases. Under the South Carolina Code of Laws Annotated § 15-38-15, the court will not bar you from recovering monetary damages unless the civil court judge and jury find that you are more at fault for the incident than the defendant.
If they find that you are 50 percent or less at fault, they will subtract that amount from the final settlement amount. A slip and fall lawyer in Goose Creek can review the applicable statutes and answer your questions about comparative fault and establishing negligence.
In premises liability cases, injured people must establish certain elements in order to win monetary damages. Your Goose Creek slip and fall attorney will collect evidence to prove the following elements:
The defendant had a legal responsibility to use sensible care and avoid causing harm to others. The court will consider how any other reasonable person would have acted in a similar situation.
The defendant breached their duty of care. An example of a breach would be knowing about a flooring defect or other hazardous situation and failing to make repairs or warn visitors.
There must be evidence of a direct link between the violation of the duty of care and the cause of action, meaning the defendant’s thoughtless actions played a significant role in the accident.
There must be proof that you suffered damages as a result of the negligent act. This could include hospital records and bills, witness statements, and other documentation.
A severe trip and fall accident can leave you with catastrophic injuries and long-term or permanent disabilities that can affect every part of your life. When a property owner fails to uphold their legal responsibilities, you have the right to pursue monetary damages for your resulting injuries and losses.
An experienced Goose Creek slip and fall lawyer can help you through the legal process and collect the money you need to cover your damages and losses. Call today to schedule a consultation with Miller | Conway.