How To Know if You Have a Case for a Slip and Fall Injury
The National Floor Safety Institute (NFSI) reports that falls are the primary cause of emergency room visits, accounting for over 8 million visits annually. Slips and falls alone make up more than 1 million of those ER visits. While fractures are the most common injuries from slip and fall incidents, one can sustain even more severe injuries. If you’ve recently fallen on someone else’s property, you might wonder whether you have a valid case for compensation. In this blog, we’ll discuss what a slip-and-fall injury is, how you know you have a case, and how a lawyer can help you.
What Is a Slip and Fall Injury?
A slip and fall injury occurs when one slips, trips, or falls, resulting in an injury. Slips and falls can happen anywhere, from a private residence, at work, grocery store, and even on sidewalks. The most common causes of slip and fall injuries include:
- Slippery floors or surfaces
- Icy or wet parking lots
- Cluttered walkways or hallways
- Uneven ground or sidewalks
- Damaged stairs
- Poor lighting in public areas
If your slip and fall accident happened on someone else’s property, you may have grounds to pursue a personal injury claim. However, not all cases are automatically the property owner’s fault. To know if you have a case, you must first establish fault.
Establishing Fault in a Slip and Fall Accident
For a slip-and-fall case to be successful, you must demonstrate that the owner owed you a duty of care. Property owners or businesses have a duty to keep their premises safe for occupants. If you are lawfully in a property, the owner owes you a duty of care while visiting or shopping, but that’s not all. You must also show that the property owner breached this duty by failing to take reasonable steps to prevent the hazard, which is considered negligence. Once you’ve established the property owner’s negligence, for instance, if they failed to clean a spill or didn’t display signs warning of danger, you’ll also need to prove that you suffered damages directly related to the fall. This could include medical expenses, lost wages from time off work, or pain and suffering. If you didn’t incur any damages, even if the property owner was negligent, you may not have a valid case.
Evidence Required To Support Your Case
To support your slip and fall injury case, evidence is crucial. The stronger the evidence, the more likely you are to win your case. The key evidence you’ll need includes:
- Medical records showing the extent of your injuries and the treatment you’ve received
- Witness statements providing testimony of what happened
- Photos or videos showing what caused your fall
- Expert witnesses, knowledgeable in safety standards, testifying to the hazards present on the property that led to your accident.
Slip and Fall Statute of Limitation in SC
In South Carolina, the statute of limitations for filing a slip and fall lawsuit is three years from the accident date. This means that you must file your case within three years, or you’ll lose the right to pursue compensation. A personal injury lawyer can help ensure you stay within the legal timeframe, assist with gathering evidence, negotiate with insurance companies, and, if needed, represent you in court.
Contact the Gus Anastopoulo Law Firm
If you’ve been injured in a slip and fall accident, contact our slip & fall accident lawyer at Gus Anastopoulo Law Firm today to discuss your legal options.
Source:
nfsi.org/nfsi-research/quick-facts/
