Out of all the categories of premises liability cases, slip and falls are some of the most common. These accidents can happen for a number of reasons and result in serious injuries. If you were involved in an accident on someone else’s property, you may have legal grounds to seek compensation. However, it can be difficult to understand your rights, so you may benefit from speaking with a Mount Pleasant slip and fall lawyer.
In order to make a successful case, a victim must be able to prove they were legally allowed on the premises at the time of the accident, that the landowner was negligent, and that their negligence led to the victim’s injury. A dedicated personal injury attorney could work to examine evidence and build a strong case for compensation.
When is a Landowner Liable in a Slip and Fall Case?
For a landowner to be deemed negligent and held responsible for an injury, the injured individual must have had a reason for being on the property in the first place. This is because the law in South Carolina gives different individuals varying levels of protection based on their classification. For example, if a visitor is a “licensee” – meaning they were requested to be on the premises for the benefit of the landowner – or an “invitee”, who has been invited by the owner but is there for their own benefit, they have legal standing for being on the land. This means that if they were injured on a property while behaving reasonably, they may seek compensation.
However, if a visitor is found to be a trespasser, they will be barred from seeking recovery for any injuries they sustain on a property. A trespasser is anyone who enters land without the permission or knowledge of the landowner. An experienced lawyer in Mount Pleasant may help to assess the facts and circumstances of a property injury to determine whether a person has a right to compensation in a slip, trip, and fall case.
What are the Possible Recoverable Damages in a Slip and Fall Case?
There are numerous damages that can result from a slip and fall. Typical injuries that someone could seek recovery for include strains or tears on joints or ligaments, broken bones, deep cuts, concussions, and traumatic brain damage. In addition to pain and suffering, an injured individual could request compensation for pecuniary losses such as lost or diminished wages from missed time at work, and emotional anguish such as loss of enjoyment of life.
Regardless of the extent or severity of injuries, a victim has a limited timeframe to file a claim. In South Carolina, the statute of limitations dictates when a court will hear an injury case. Under South Carolina Code of Law §15-3-530, an injured individual has three years to make a claim. While there are exceptions, it is best to file a claim within this timeframe try and avoid dismissal. An attorney could help evaluate losses and file a slip and fall claim that meets this State and Mount Pleasant statute.
Reach Out to a Mount Pleasant Slip and Fall Attorney
After suffering an accident on someone else’s property, you probably have questions and concerns. Along with trying to recover from a personal injury, you might be worried about your financial security due to missed time at work and unavoidable medical bills. A compassionate attorney could be a valuable ally in determining if your injury was the result of someone else’s negligence and if they can be held responsible.
Navigating the legal system alone can prove to be challenging. A Mount Pleasant slip and fall lawyer could help you to understand your rights and move forward with an action for your recovery. Reach out today to discuss your case.
