What Is the Statute of Limitations for Slip and Fall Cases in South Carolina?
According to the National Floor Safety Institute (NFSI), over a million people visit emergency rooms in the United States annually because of slip and fall accidents. When a slip and fall accident occurs because of someone else’s negligence, the victim can file a personal injury claim and recover compensation. However, a time limit exists for filing a personal injury claim after a slip and fall accident. If you’ve suffered an injury in a slip-and-fall accident that was someone else’s fault and are considering filing a personal injury claim, it is crucial that you understand and comply with the statute of limitations for slip-and-fall cases.
What Is the Statute of Limitations for Slip and Fall Cases in SC?
A statute of limitations is a law that sets the maximum time after an event within which a person can initiate a legal proceeding in court. Statutes of limitations exist to ensure that people pursue legal action within a reasonable timeframe before evidence has been lost and witnesses’ memories fade. Different cases have different statutes of limitations. Statutes of limitations also vary depending on the jurisdiction.
According to the South Carolina Code of Laws Section 15-3-530, you have three years to file your personal injury claim after being involved in a slip and fall accident because of another person’s negligence. The statute of limitations for a wrongful death claim resulting from a slip and fall accident in SC is also three years.
What Happens if You Miss the Deadline?
If three years pass and you try to file your slip and fall case, your case will most likely get thrown out of court. The defendant will most likely argue before the court that the statute of limitations for filing your case has expired and will ask the court to dismiss your case. Unless a rare exception applies, the court will most likely grant the defendant’s request.
While the statute of limitations is a key consideration if you are planning to file a lawsuit in court, this statute is also vital if you plan to settle your case outside of court. Suppose three years have passed since your slip and fall accident, and the defense side knows this. In such a case, you don’t have any negotiating leverage. The other side will not be scared that you can file a lawsuit in court since the court is no longer an option.
Exceptions to the Statute of Limitations
A few scenarios exist that might delay the running of the statute of limitations “clock” in SC. They include the following;
- If the injury was not discovered immediately, the statute of limitations might start on the date the injury was discovered.
- If the victim was below the age of 18 at the time of the accident or was deemed mentally incapacitated, the statute of limitations might be paused until they reach 18 or are declared mentally competent.
- If the defendant goes absent or resides outside of SC for one continuous year or more after the accident, the period of absence might not be counted towards the statute of limitations period.
Contact Gus Anastopoulo Law Firm
If you’ve suffered an injury in a slip and fall accident that was someone else’s fault and need help recovering the compensation you deserve, contact our qualified Charleston personal injury lawyer at Gus Anastopoulo Law Firm.
Source:
nfsi.org/nfsi-research/quick-facts/
