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Getting injured in a slip and fall accident can change your life in seconds. Whether you slipped on a wet floor at the grocery store or tripped over broken pavement outside an office building, you may have the right to seek compensation for your injuries. Understanding how to file a slip and fall claim can help you protect your rights and pursue fair compensation after an accident on someone else’s property.
This guide explains every step of filing a slip and fall claim in South Carolina, from gathering evidence at the scene to negotiating a settlement with insurance companies.
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Understanding Slip and Fall Claims in South Carolina
Slip and fall claims fall under premises liability law, which holds property owners responsible when unsafe conditions on their property cause harm to lawful visitors. To recover compensation, you must prove that the property owner knew or should have known about the dangerous condition and failed to correct it or warn you about it.
Property owners owe different levels of care depending on why you were on the property. Shoppers and customers generally receive the highest level of protection, while social guests receive moderate protection, and trespassers receive minimal protection under the law.
Steps to Take Immediately After Your Accident
The actions you take immediately after your fall can have a major impact on your claim.
1. Get Medical Attention
Your health should come first. Even if you feel fine at first, some injuries take time to appear. Seeing a doctor creates medical documentation that connects your injuries to the fall. Insurance companies often question claims where treatment was delayed.
2. Report the Accident
Notify the property owner, manager, or employee about your fall as soon as possible. Request that they file an accident report and ask for a copy for your records. This provides official documentation that the incident occurred.
3. Document the Scene
If you can safely do so, take photos or videos of the exact area where you fell. Capture the hazard from multiple angles, whether it’s poor lighting, torn carpet, a wet floor, or uneven pavement. Also, photograph visible injuries.
4. Gather Witness Information
Ask anyone who witnessed your fall for their contact information. Their statements can help confirm what happened and support your version of events.
5. Preserve Evidence
Keep the clothing and shoes you wore during the fall, and do not wash or repair them. They may serve as evidence. If the hazard involved a substance, note its appearance and how long it seemed to have been present.
How to File Your Slip and Fall Claim
Filing a claim involves several key steps to build your case for compensation.
Calculate Your Damages
Before contacting the insurance company, total all losses related to the accident — including medical bills, future medical care, lost income, reduced earning ability, pain and suffering, and property damage. Keep all supporting documentation.
Notify the Property Owner
Send a written notice to the property owner describing the accident, your injuries, and your intent to pursue a claim. Send it by certified mail for proof of delivery.
Contact Their Insurance Company
Most property owners carry liability insurance. Contact the insurer to begin the claims process. Provide only basic facts and avoid signing documents or giving recorded statements before consulting an attorney.
Submit Your Claim Package
Include copies of the accident report, medical records, bills, wage documentation, photos, and witness statements. A demand letter should explain why the owner is liable and outline your damages.
What Happens After Filing a Slip and Fall Claim?
Once you file, the insurance company assigns an adjuster to review your case. They may inspect the scene, interview witnesses, and evaluate your medical records. After the investigation, the adjuster typically makes a settlement offer, often below the full value of your claim. Negotiations may continue for weeks or months.
If negotiations do not lead to a fair settlement, you may file a lawsuit in civil court. During litigation, both sides exchange evidence (the discovery phase). Many cases resolve through settlement once the insurer sees the strength of the evidence.
If not, your case proceeds to trial, where a judge or jury determines whether the property owner was negligent and what compensation should be awarded.
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Are Slip and Fall Cases Hard to Win?
Slip and fall claims can be challenging because they require proving negligence. Insurance companies may argue that you were distracted or that the hazard was obvious.
South Carolina uses a modified comparative negligence rule — meaning your compensation is reduced by your share of fault. If you’re found more than 50% responsible, you cannot recover damages.
Strong evidence, such as clear photos, witness statements, and timely medical records, greatly increases your chances of a successful outcome. Working with an experienced personal injury attorney can help you build the strongest case possible.
Evidence That Strengthens a Slip and Fall Claim
Strong evidence helps demonstrate the property owner’s responsibility. This may include:
- Photos and videos of the hazardous condition and the surrounding area
- Medical records that clearly link your injuries to the fall
- The accident report prepared by the property owner or staff
- Witness statements from people who saw the fall or the hazard
- Maintenance logs showing prior complaints or a lack of inspection
- Security footage capturing the fall or showing that the hazard existed
Typical Slip and Fall Settlement Ranges
Settlement values vary depending on injury severity and the evidence available:
- Minor injuries: a few thousand dollars for medical expenses and lost wages
- Moderate injuries (fractures, torn ligaments): often $25,000–$100,000
- Severe injuries (spinal cord or brain trauma): potentially several hundred thousand dollars or more
Compensation reflects medical costs, lost income, pain and suffering, and long-term effects. Before accepting a settlement, ensure it covers all current and future expenses related to your injuries.
The South Carolina Statute of Limitations
You generally have three years from the date of the accident to file a slip and fall lawsuit in South Carolina. Missing this deadline means losing the right to pursue compensation. Start your claim as soon as possible to preserve evidence and witness testimony.
Working with a Personal Injury Attorney
You are not required to hire an attorney, but having one can help you navigate the claims process effectively. An attorney can:
- Communicate with insurers on your behalf
- Gather and preserve critical evidence
- Calculate the full value of your damages
- Negotiate for fair compensation
- Represent you in court if necessary
Most personal injury attorneys work on a contingency fee basis, meaning they only collect payment if you recover compensation.*
Protecting Your Rights After a Fall
Taking the right steps after a slip and fall can help protect your health and your legal rights. Document everything, seek medical care promptly, and avoid speaking with insurance representatives without legal guidance.
Property owners are responsible for keeping their premises reasonably safe for visitors. When they fail to do so and someone gets hurt, the injured person has the right to pursue compensation for their losses.
*Disclaimer: Past results do not guarantee future outcomes. “Free consultation” or “Free case evaluation” refers only to the initial evaluation of your case and does not imply that legal representation is free. Clients may be responsible for costs in addition to the attorney’s fees. Percentage fees are calculated before deducting costs from the gross recovery. No comparison is intended or implied between Maguire Law Firm’s services and those of other lawyers. Testimonials and endorsements do not constitute a guarantee, warranty, or prediction regarding the outcome of your case.
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Last updated Thursday, November 13th, 2025
