Injured on a Charleston Sidewalk: When a Property Owner or Government Entity May Be Liable

The Incident

On a Sunday afternoon in August 2026, a Charleston resident walking from King Street toward the Battery caught her toe on a raised section of sidewalk near a storefront. She fell forward, fractured her elbow, and tore the meniscus in one knee. A business employee said customers had complained about the uneven pavement for months. The sidewalk appeared to be public, but the adjoining property owner maintained the area and had placed a planter partly across the walking path. Identifying who controlled each condition became as important as documenting the fall itself.

What South Carolina Law Says

South Carolina premises liability turns on the relationship between the injured person and the property controller, the existence of a dangerous condition, notice, and reasonable care. A business may owe an invitee a duty to inspect and correct hazards it knew or should have discovered. Claims involving a city or county are governed by the South Carolina Tort Claims Act, which has shorter deadlines, notice requirements, immunity exceptions, and damages caps.

Your Rights and Options

Photograph the exact hazard from multiple angles, note weather and lighting, identify witnesses, and report the fall before leaving. Ask that surveillance footage and maintenance records be preserved. Do not assume the owner of the adjacent building owns the sidewalk; title, easements, municipal records, and maintenance practices may all matter.

What I Look For When Evaluating These Cases

I identify every owner and controller, determine when the defect was created, and look for prior complaints, inspection records, work orders, and photographs. I also examine whether the condition was avoidable and whether the injured person had a reasonable alternative route.

How Insurance Companies Will Fight Back

Defendants commonly argue they lacked notice, that the defect was open and obvious, or that the plaintiff simply was not watching. Those defenses depend on evidence about the defect’s duration, visibility, the surrounding distractions, and the entity’s inspection practices.

Related Practice Areas at Traywick Law Offices

Sidewalk cases involve premises liability, slip and fall claims, and sometimes the South Carolina Tort Claims Act.

My Final Thoughts

A sidewalk fall can look simple while involving multiple responsible parties and short deadlines. Document the location immediately and determine who controlled the hazard before evidence disappears.

This post is for general informational purposes only and does not constitute legal advice. It is based on publicly available legal information and may not reflect the most current developments. For advice specific to your situation, please contact Traywick Law Offices.