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I Was Injured When I Slipped and Fell in a Local Business Establishment, What Can I Do?

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If you’ve been injured by falling while on another’s property, you may have a slip and fall claim. A slip and fall claim is a personal injury action based on tort law.

Based on the facts of your case, the property owner may be liable for the injuries you have sustained. It doesn’t matter if the property is public or private; the owners may still be held accountable for injuries on their property. The owner may be a private citizen, a corporation or business or even a government entity.

If you are entering slip and fall litigation, you will have to prove four elements of personal injury to the court. The elements necessary to prove personal injury are as follows:

What May the Defendant Do?

If you’ve proven the four elements of personal injury to the court, the defendant (property owner) will have a chance to present his or her defenses to the court. The defendant will try to show the court that he or she was not negligent and keeping the property safe of foreseeable harm and did exercise due diligence in discovering any dangerous conditions on their property. To prove there was not negligence on the defendant’s part, he or she must provide evidence that the same level of care was applied as any other reasonable property owner would in similar conditions.

The defendant’s defense may be that the victim’s injury was self-inflicted or caused by the victim’s own negligence. The property owner had a duty to keep the property safe from hazardous conditions. However, there are situations that may be outside of the defendant’s control. If the injured person did not look out for his or her own safety, or deliberately engaged in a dangerous action, or created a risky condition, while on the defendant’s property, the defendant may not be held liable.

Have a question about slip and claim falls in South Carolina? If so, Call 864-235-3154 or contact us online to set up your free consultation.

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We have the experience and the specialization necessary to represent our clients and to ensure the success of their claims. Contact us today and let us help you get the compensation you deserve.