What Are My Legal Options After a Slip and Fall Accident?

Jun 28, 2021

A slip and fall accident can lead to substantial medical expenses, lost income and pain and suffering for victims. These types of injuries are extremely common, particularly for older adults who are prone to broken bones. From 2007 through 2016, slip and fall death rates increased 30% for older adults.

Proving Negligence

A slip and fall case is more complicated than most people think. It is not as simple as slipping and falling on someone’s property and getting a payout. In fact, there are several elements that must be proven in a slip and fall case for the other party to be considered liable:

  • There was a duty of care owed to the plaintiff by the defendant
  • The defendant did not fulfill their obligation, either through negligence or omission
  • There were measurable damages that occurred as a result of the breach of duty

Each element must be present for a slip and fall case to be successful. If any element is difficult to prove, then it may be more challenging to negotiate a settlement or win in court. For example, consider a trespasser. It is difficult to prove that a store owner has a duty of care to a person who is not supposed to be on the property.

The Statute of Limitations in South Carolina

Each state has its own statute of limitations for slip and fall accidents. In South Carolina, victims can file a personal injury case within three years of the incident. However, there may be unique circumstances that affect the statute of limitations for your slip and fall case. Always consult with an attorney before making any major decisions about filing to ensure you meet the state’s time deadlines.

Evidence to Keep After a Slip and Fall Accident

Compared to other types of injury cases, a slip and fall accident can be difficult to prove. For example, in a car accident case, there is typically a police report that records the incident and indicates the damage suffered on both sides. There is rarely a police report for a slip and fall, which makes it even more important to collect evidence. A personal injury attorney can help you conduct an investigation of the accident scene. Types of evidence include:

  • Security camera footage, which often needs to be pulled and backed up immediately to prevent intentional or unintentional erasure
  • Pictures of the scene of the accident
  • Witness statements
  • Medical records and reports
  • Incident reports filled out by the manager on duty

Explore Your Legal Options by Contacting Our South Carolina Slip and Fall Accident Lawyers

Contacting a lawyer promptly after your fall can help you save necessary evidence and build a strong case against the property owner. For help with your Rock Hill slip and fall accident claim, contact the Law Offices of F. Craig Wilkerson Jr. today at (803) 324-7200.