When a Slip and Fall Becomes a Legal Claim in South Carolina
A wet floor, a loose handrail, or an unmarked step can cause serious injury. Here's how South Carolina premises liability law works for Charleston slip and fall victims.
Informational purposes only. This article discusses a recent news event and does not constitute legal advice. Every case is different — contact Traywick Law Offices for a free evaluation.
The Incident
A customer enters a Charleston grocery store on a rainy afternoon. Water has been tracked across the tile entryway. There is no wet-floor sign. The customer slips, falls, and fractures a wrist. The store manager offers an ice pack and says "we'll take care of it." But "taking care of it" rarely means fair compensation without a fight. South Carolina premises liability law requires the injured person to prove the property owner knew or should have known about the hazard and failed to fix it or warn about it.
What South Carolina Law Says
Under Sims v. Giles, South Carolina sorts visitors into invitees, licensees, and trespassers. A customer in a business is an invitee, owed the highest duty of care. The owner must inspect for hazards, correct them, and warn of hidden dangers. The injured invitee must prove the owner had actual or constructive notice of the hazardous condition. Constructive notice is established by showing the hazard existed long enough that a reasonable inspection would have discovered it.
Your Rights and Options
After a slip and fall, the injured person should report the incident to management immediately and request a written incident report. Photograph the hazard, the surrounding area, and any lack of warning signs. Get names and contact information from witnesses. Seek medical care promptly, even if the injury seems minor — hairline fractures and soft tissue injuries often worsen over 24–48 hours. Do not sign any release or accept a quick settlement offer from the property owner's insurer without legal advice.
What I Look For When Evaluating These Cases
I investigate slip and fall cases by obtaining the incident report, maintenance logs, and surveillance video. I look for patterns of similar incidents at the same location, OSHA or health department complaints, and prior customer complaints. I also evaluate whether the property owner followed its own safety policies and whether the hazard was obvious enough that a reasonable person would have avoided it — a key comparative fault defense the owner will raise.
How Opposing Parties Will Fight Back
Property owners and their insurers routinely argue the hazard was open and obvious, that the plaintiff was distracted, that the plaintiff's footwear was inappropriate, or that the plaintiff's injuries are exaggerated or pre-existing. South Carolina's 51% comparative negligence bar means the plaintiff must keep their share of fault below the defendant's to recover. Early documentation and witness testimony are critical.
Related Practice Areas at Traywick Law Offices
Traywick Law Offices represents Charleston slip and fall victims in premises liability claims. We also handle workplace injuries and personal injury cases across the Lowcountry. If you were injured on someone else's property, contact us for a free consultation.
Has a Similar Incident Affected You?
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