In South Carolina, slip and fall accidents are part of premises liability law, which determines when a property owner may be held responsible for injuries caused by unsafe conditions. To recover damages, victims must show the owner created or knew about the hazard and failed to correct it. South Carolina’s modified comparative negligence rule and three-year statute of limitations significantly affect these claims. The team at Kahn Law Firm, LLP helps Charleston residents navigate these complex laws to pursue fair compensation after serious slip and fall injuries.
What Is Premises Liability?
Premises liability holds property owners and occupiers accountable for injuries caused by dangerous or defective conditions on their property. Slip and fall claims are among the most common examples. These cases often occur in grocery stores, apartment complexes, restaurants, and parking lots throughout Charleston.
Under South Carolina law, property owners owe a duty of care to lawful visitors to keep their premises reasonably safe and to warn of hidden dangers. This duty is strongest for invitees, such as shoppers or tenants, who enter for the owner’s benefit.
Understanding Slip and Fall Laws in South Carolina
1. Duty of Care to Visitors
Property owners must maintain safe conditions and take reasonable steps to prevent harm. This includes fixing hazards like wet floors, broken stairs, or uneven walkways, or warning visitors of dangers they cannot see.
For example, if a grocery store fails to clean up a spill in a reasonable time and a customer slips, the store could be liable for breaching that duty.
2. Actual vs. Constructive Notice
To hold an owner responsible, the injured person must show that the owner knew or should have known about the hazard:
- Actual Notice: The owner or employee was aware of the hazard.
- Constructive Notice: The hazard existed long enough that a reasonable owner would have discovered and fixed it.
South Carolina courts have made clear that property owners are not insurers of safety—they’re only liable if negligence caused the unsafe condition. Evidence like surveillance footage or cleaning logs often plays a key role.
3. The “Open and Obvious” Rule
South Carolina recognizes the “open and obvious” defense, meaning an owner may not be liable if the danger was clearly visible and avoidable. However, in Callander v. Charleston Doughnut Corp., the court ruled that owners can still be liable if they should have anticipated that a visitor might be distracted or forced to encounter the danger anyway.
For instance, a clearly visible puddle might still result in liability if it’s near an unavoidable store entrance or checkout line.
4. Comparative Negligence
South Carolina follows a modified comparative negligence rule. If a victim is 51% or more at fault, they cannot recover damages. If they are 50% or less at fault, their compensation is reduced by that percentage.
This rule emphasizes shared responsibility—if someone slipped while running or ignoring warning signs, their recovery could be limited.
5. Statute of Limitations
Victims generally have three years from the date of injury to file a premises liability claim under S.C. Code §15-3-530. However, if the incident occurred on government property (like a city sidewalk or public building), the South Carolina Tort Claims Act applies, which shortens the filing period to two years (or three years if a verified claim is filed).
Missing these deadlines almost always means losing the right to seek compensation.
Common Causes of Slip and Fall Accidents in Charleston
Charleston’s mix of historic buildings and modern spaces means slip and fall risks can appear anywhere. Some of the most frequent causes include:
- Wet or slippery floors from rain, spills, or cleaning.
- Uneven sidewalks or cracked pavement, especially in older districts.
- Poor lighting in stairwells or parking lots.
- Loose flooring or carpets in commercial buildings.
- Neglected maintenance in apartment complexes or rental properties.
These accidents can lead to serious injuries—fractures, concussions, spinal cord damage, and long-term disability.
Key Elements in a Slip and Fall Case<
To establish a successful claim, an injured person must generally prove:
- The property owner owed a duty of care.
- The owner breached that duty through negligence.
- The breach caused the injury.
- The victim suffered measurable damages, such as medical costs, lost wages, or pain and suffering.
Without clear evidence linking the property owner’s negligence to the injury, a court may dismiss the case.
Evidence That Strengthens a Slip and Fall Claim
Building a strong case depends on documentation and timely action. Key forms of evidence include:
- Photos and videos of the hazard.
- Witness statements confirming the condition existed.
- Maintenance or cleaning logs from the business or property owner.
- Incident reports filed at the time of the fall.
- Medical records showing the extent of injuries and treatment.
- Surveillance footage, if available, showing how long the hazard existed.
Quick evidence collection is crucial, as businesses often overwrite security footage or repair hazards soon after an incident.
Charleston’s Historic Infrastructure and Liability Challenges
Charleston’s cobblestone streets and aging sidewalks create unique risks. A visitor may trip on uneven surfaces outside restaurants or shops in the historic district. However, determining liability can be complex—some sidewalks are maintained by private owners, while others fall under city or county responsibility.
In these cases, identifying the correct responsible party is vital. Claims against government entities require following specific notice rules under the Tort Claims Act, which limits both filing time and recoverable damages.
Defenses Property Owners Commonly Raise
Property owners and insurers often use several defenses to reduce or deny claims:
- Lack of notice: They argue they didn’t know—and couldn’t have known—about the hazard.
- Open and obvious condition: The danger was visible to a reasonable person.
- Comparative negligence: The injured person’s actions contributed to the accident.
An experienced attorney can help anticipate and counter these defenses with evidence of negligent maintenance, inadequate signage, or poor inspection practices.
Steps to Take After a Slip and Fall Accident
If you’ve been injured on someone else’s property in Charleston, consider the following steps (for informational purposes only):
- Seek immediate medical attention. Your health and documentation of injuries come first.
- Report the incident to the property owner or manager.
- Take photos of the area, the hazard, and your injuries.
- Collect contact information for witnesses and employees present.
- Avoid giving statements to insurance adjusters before consulting an attorney.
- Preserve all records, including receipts, medical bills, and correspondence.
These actions help preserve critical evidence that supports your claim later.
Potential Compensation in a Slip and Fall Claim
Victims of slip and fall accidents in Charleston may be entitled to recover damages for:
- Medical expenses (current and future care).
- Lost income or reduced earning capacity.
- Pain and suffering.
- Permanent disability or disfigurement.
- Loss of enjoyment of life.
While each case is unique, the key to fair compensation is demonstrating the full extent of both economic and non-economic damages.
Why Legal Representation Matters
Premises liability cases require thorough investigation and a clear understanding of South Carolina law. Proving negligence, countering defenses, and negotiating with insurance companies demand experience and strategy.
At Kahn Law Firm, LLP, our attorneys handle complex slip and fall cases throughout Charleston and surrounding communities. We evaluate every aspect—from the condition of the property to the owner’s maintenance history—to build a strong, evidence-backed claim.
Frequently Asked Questions
How long do I have to file a slip and fall lawsuit in South Carolina? You generally have three years from the date of injury to file. Claims involving government entities have shorter deadlines.
Can I sue if I slipped on a public sidewalk? Yes, but additional rules under the South Carolina Tort Claims Act apply, including shorter notice periods and caps on damages.
What if there was a “Wet Floor” sign? A warning sign doesn’t automatically protect a property owner from liability if the hazard was excessive, unavoidable, or not cleaned in a reasonable time.
Will my compensation be reduced if I was partly at fault? Possibly. Under comparative negligence, if you’re found 30% at fault, your compensation may be reduced by that amount.
Final Thoughts
Slip and fall injuries in Charleston can have long-lasting physical and financial impacts. Understanding premises liability law, evidence requirements, and filing deadlines is essential to protecting your rights.
If you’ve been injured on someone else’s property, contact Kahn Law Firm, LLP to discuss your case. Our experienced attorneys can help determine whether negligence played a role and what options are available to pursue compensation.
Call us today at (843) 920-5690 to schedule a consultation and take the first step toward recovery.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For legal guidance tailored to your specific situation, consult a licensed attorney.