We’ve all done it. Some of us only a few times and others numerous times. You are about to take your next step when suddenly your focus intensifies, and things start moving in slow motion. The next second is followed by a blur and a state of befuddlement. You have just fallen and in this state of befuddlement you are tasked with deciding what comes next.

• Do I get up?
• Can I get up?
• Did I hit my head?
• How did this happen?
• Who saw me?
• Am I hurt?

Likely these are all the questions that are running at a rapid pace in your mind as you lay on the ground. Where do you turn next?

YOU HAVE OPTIONS

          Hopefully, you have not been injured and that it was just a minor fall. In the unfortunate event you were injured it is best to consult with an attorney. Slip and falls are one of the most common accidents and many attorneys have a wealth of experience that will help guide you through your options. If you have been injured and you feel it was someone else’s fault, you may be eligible for damages.

Lawyers and law students interested in learning more about premises liability should also consult the book, The Law of Slip & Fall in South Carolina, by Daniel R. Denton and published by the South Carolina Bar in 2014. You can find this print book in the law library, call number SC KFS 1990 .S55 D46 2014.

YOU’RE NOT THE ONLY ONE

More than a million hospital visits a year can be directly attributed to a slip and fall. Around 20% of falls result in serious injuries such as a broken bone or head injury. In South Carolina, the medical costs associated with these falls totals around $671 million annually. Walmart reports around 1,000 customer injuries a day from slip and falls.

Statistics from:  Enjuris. (2022, August 2). South Carolina Slip and Fall (Premises Liability) Lawsuits. https://www.enjuris.com/south-carolina/premises-liability-claims/slip-and-fall-accidents/

WHERE CAN A SLIP & FALL OCCUR?

Anywhere. Slip and falls are so common because they can occur virtually anywhere and at any time you are walking.

WHAT AM I CLASSIFIED AS?

          An invitee is the most common classification. An invitee is any individual that is lawfully on the premises for the benefit of the property owner and is typically a consumer. Invitees are owed the highest degree of care. A licensee is an individual who is on the premises with permission from the property owner for their convenience/leisure and is typically a social guest. A trespasser is anyone unlawfully on the premises. A property owner owes a low standard of care to trespassers and must refrain from willfully injuring them.

WHO IS AT FAULT?

          This is a question you should always ask when you have suffered a slip and fall. Just because you failed to notice a puddle does not mean that you are at fault. If you suffered this slip and fall outside of your home, you should ask yourself three questions.

1. Did the property owner have a duty to protect you from harm? The answer to this question is almost always an unequivocal yes. Property owners owe you as an invitee the duty to protect you and this duty is the highest degree of care. Included in this duty is the duty to repair and fix, as well as adequately warn of any hazards.

2. Did the property owner breach their duty to protect you from this harm? If you feel the answer is yes to questions one and two, then you can ask yourself question three

. 3. Were you injured as a direct result of property owner’s breach of duty?  If you have answered yes to these three questions you likely have a cause of action in negligence against the property owner.

WHAT IF I AM PARTIALLY AT FAULT?

          If you believe you are partially at fault for your slip and fall, do not let this deter you from consulting an attorney. South Carolina is a comparative fault state, which means that your damages will be reduced by the percentage of fault the court attributes to your actions. If your level of fault is less than 50%, you are still entitled to recover damages.

WHAT AM I ENTITLED TO?

• Workers’ Compensation- If your injury occurred at your workplace, you do not have to prove fault on your employer. If your employer carries workers’ compensation and this slip and fall occurred within the scope and course of your employment à you are entitled to workers’ compensation for your injuries and lost wages. This holds true for injuries suffered on work-related trips that are outside the office.
• Economic Damages- This includes all the monetary losses caused by your slip and fall. Included in this would be your lost wages, and medical expenses
• Non-Economic Damages- the non-monetary damages from the accident. Pain and suffering, trauma, emotional distress
• Punitive Damages- If the defendant’s actions were willful and reckless you may be entitled to punitive damages in addition to any economic and non-economic damages

I’M THINKING OF FILING SUIT, WHAT NEXT?

          If after reading this, you feel your slip and fall was caused by someone else’s negligence and you are entitled to damages à consult with an attorney. An experienced attorney can guide you through your options and assist you along the road to recovery. Act soon as the statute of limitations in South Carolina is three years from the date of the accident.

Sam Strother

Juris Doctor Candidate, May 2024

Charleston School of Law