If you’ve been injured in a slip and fall accident in South Carolina, you might be wondering: who’s actually responsible?
Can you hold the property owner accountable, or are you stuck dealing with the aftermath alone?
South Carolina law says you may be able to recover damages — but it depends on where you fell, why you were there, and whether negligence played a role. This is known as premises liability, and in South Carolina, it’s a key part of many personal injury claims.
Let’s break it down in plain English so you know what to expect and what steps to take after a fall.
What Is Premises Liability?
Premises liability is a legal concept that holds property owners and occupiers responsible when someone is injured due to unsafe or hazardous conditions on their property.
This could include things like:
- Wet floors with no warning signs
- Loose carpeting
- Poor lighting in stairwells
- Uneven sidewalks
- Spills in grocery store aisles
In South Carolina, the law requires property owners to keep their premises in reasonably safe condition for people who are lawfully on the property. If they fail to do that, and someone gets hurt, the injured person may have a right to compensation.
What Does South Carolina Law Say About Premises Liability?
Under South Carolina Code § 15-73-10, and developed through case law, a property owner’s duty of care varies depending on the visitor’s status. There are three main categories:
1. Invitees
These are people invited onto the property for business purposes — like shoppers at a store. Property owners owe invitees the highest duty of care, meaning they must regularly inspect the property and fix or warn about any dangers they know about — or should know about.
2. Licensees
These are social guests or people who enter with permission but not for business. Owners must warn licensees of known dangers but don’t have to inspect for unknown ones.
3. Trespassers
Even trespassers get a small degree of protection — the owner can’t willfully harm them. But generally, there’s no duty to keep the property safe for someone unlawfully entering it.
Proving Fault in a Slip and Fall Case
Just because you slipped and fell doesn’t mean the property owner is automatically liable. To have a successful premises liability claim, you generally need to show:
- There was a dangerous condition on the property
- The property owner knew or should have known about it
- They failed to fix it or warn you about it
- That failure caused your injury
South Carolina uses a modified comparative negligence rule (see Nelson v. Target Corp., 535 F. Supp. 2d 831 (D.S.C. 2007)).
If you’re found to be 50% or more at fault, you can’t recover damages. If you’re less than 50% at fault, your recovery is reduced by your percentage of fault.
Common Slip and Fall Locations
These accidents can happen just about anywhere, but we often see them in:
- Grocery stores and shopping malls
- Apartment complexes
- Restaurants and bars
- Hotels
- Office buildings
- Public sidewalks and parking lots
If you were hurt in one of these places, it’s worth speaking with a personal injury attorney familiar with South Carolina law.
What Should You Do After a Slip and Fall?
Your actions immediately after an accident can make a big difference in your case. Here’s what to do:
- Report the incident to the property owner or manager
- Take photos of the scene, especially what caused you to fall
- Get witness contact information
- Seek medical attention – even if you think you’re “just sore”
- Avoid giving a recorded statement to insurance without talking to a lawyer
- Contact a personal injury attorney to discuss your legal rights
Need help now? Visit our Personal Injury page to get started.
Frequently Asked Questions (FAQ)
Q: Can I sue a business if I slipped on a wet floor?
A: Yes — if the business failed to clean it up in a reasonable time or didn’t post a warning sign, you may have a valid claim.
Q: What if I was partially at fault for the accident?
A: South Carolina follows comparative negligence. If you’re less than 50% at fault, you may still recover damages, but your compensation will be reduced.
Q: Is there a deadline for filing a slip and fall lawsuit in South Carolina?
A: Yes, in most cases, you have three years from the date of the accident to file a claim (S.C. Code § 15-3-530).
Q: How much is my slip and fall case worth?
A: It depends on the specifics of your injury, medical costs, lost income, and how the accident has impacted your life.
How Coastal Law Can Help
At Coastal Law, we’ve handled countless premises liability claims across South Carolina.
Our team knows how to investigate these accidents, determine fault, and fight for the compensation you deserve — whether that’s through settlement or trial.
If you’ve suffered from:
- Medical bills
- Lost wages
- Long-term pain
- A temporary or permanent disability
You may be entitled to financial compensation. Don’t wait — there are strict deadlines under South Carolina’s statute of limitations (typically three years from the date of the injury).
Related Reading
- What to Do After a Car Accident in South Carolina
- How Long Do I Have to File a Personal Injury Claim?
- Do I Need a Lawyer for a Personal Injury Case?
Need Help With Your Personal Injury Case?
If you’ve been injured in a slip and fall in Myrtle Beach or anywhere in South Carolina, don’t try to navigate the legal system alone.
The property owner’s insurance company is already working to minimize their liability — make sure you have someone working to protect your rights.
📞 Call us today at 843-488-5000 or visit our Contact Page to schedule your free consultation.
