(843) 361-7549Myrtle Beach has tens of thousands of visitors each year. That foot traffic is good for the local economy; however, many of those visitors are passing through Hotels, condominiums, restaurants, boardwalks, and various forms of entertainment that do not always take safety seriously. Broken stairs, poor lighting in parking garages, wet pool deck surfaces – all of these are not accidents. Most of the time, these represent a property owner cutting corners and/or ignoring a problem they were aware existed.
If you suffered a slip and fall along The Grand Strand due to a hazard that did not exist prior to your visit, you have rights under South Carolina law. This article provides a guide on what rights you have, what actions you can take to preserve those rights, and how Maguire Law Firm can assist you in developing a viable claim.
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Immediate actions following a slip and fall incident
The immediate actions taken by you after a slip and fall incident could either greatly enhance or significantly impair your ability to prevail in your case. Below are the most critical items:
Get medical attention immediately. Even if you believe you are fine, adrenaline can mask pain. Many individuals experience a fall and believe they are fine only to awaken the next day with severe mobility issues. In addition to creating documentation connecting your injuries to the incident, obtaining immediate medical treatment establishes a timeline related to your injuries.
Photograph everything before leaving. Take photographs of the hazard causing your fall, wet floor, broken steps, dimly lit corridors, and document your injuries. If a wet floor sign was placed after the incident occurred, document that as well. All of these details can become crucial aspects of your case.
Obtain witness information. Identify any witnesses who observed your fall. Prior to leaving the scene, obtain their contact information so you can follow up with them regarding their account of events. Identifying witnesses early can avoid having difficulty locating them later.
Document your incident report. Report the incident to the property manager/owner. Ask them to prepare a written incident report detailing what occurred. Ensure that you receive a copy of the report prior to departing. If they decline to provide you with such, identify who you spoke with and when.
Avoid speaking to insurance adjusters. As soon as you submit your report, you may be contacted by an insurance adjuster representing the property owner. He/she may appear cordial and willing to listen. Do not provide them with a statement of record prior to consulting with a lawyer. Any statements you make can negatively impact your claim.
Understanding South Carolina premises liability law
Premises liability is defined as the body of law holding landowners responsible for harm to others resulting from unsafe conditions located upon said lands. Notwithstanding, not all injuries occurring on another person’s property qualify as premises liability claims. Often, the determination of liability is contingent upon the classification of visitor status for which the injured party qualified and the purpose for which he/she was visiting the subject location.
Under South Carolina law, visitors are categorized into three classifications:
Invitees: individuals entering upon property for commercial purposes – hotel guest, restaurant patron, shopper, etc. Landowners owe invitees the highest level of care. Specifically, landowners must perform regular inspections of their property; repair identified hazards; and notify invitees of hazards existing at the time that cannot be immediately rectified.
Licensees: social guests – persons invited onto property but not for commercial purposes. While landowners owe licensee duties to notify them of any hazards that are reasonably foreseeable, they do not possess an affirmative obligation to discover new hazards.
Trespassers: generally speaking, trespassers are owed no duties with respect to maintaining safe conditions on their property. There exist certain limited exceptions to this general principle (i.e., children).
Many of the slips and falls involving tourists on vacation in Myrtle Beach will qualify as invitee status.
To successfully prosecute a premises liability case in South Carolina, the plaintiff typically must demonstrate two elements: (1) that the landowner either knew or should have known (constructive knowledge) about the existence of the hazard and (2) that the landowner breached his/her duty to correct or warn of the hazard leading directly to plaintiff’s injuries.
Common types of hazards giving rise to slip and fall claims throughout Myrtle Beach include: wet pool decking; broken or uneven stairs; missing or unstable handrails; wet floors absent sufficient warnings; torn or bunched carpets; insufficient lighting in stairwells and parking facilities; food or liquid spills in restaurants and retail establishments; and obstructions on walkways.
Modified comparative fault in South Carolina
Almost invariably, one issue raised in virtually every slip-and-fall claim is the apportionment of fault among parties involved in an incident. The insurance company representing the property owner will undoubtedly contend that you share a portion of the blame for the occurrence, i.e., failure to pay attention; ill-suited footwear; disregard for posted warning signs. These arguments are typical defensive tactics.
Under South Carolina’s Modified Comparative Negligence statute (the 51% rule), although you may still recover compensation based on your damages arising from a slip-and-fall incident regardless of your degree of fault (so long as you are less than 51% at fault), your compensation will be diminished by your proportionate degree of fault. For example, assuming you were determined to be 20% responsible for an incident with total damages totaling $100,000, you would collect $80,000. Conversely, if you were deemed 51% or greater at fault for the occurrence, you would recover nothing.
Because South Carolina’s comparative fault laws differ from those applicable in Florida (which utilizes pure comparative fault principles permitting full recovery even if one was largely at fault), understanding these distinctions is essential for securing proper representation for your claim. Some examples of conduct that might limit your potential recovery include: using your cell phone while walking; choosing footwear clearly inappropriate for walking on the given surface; and failing to heed visible warning signs.
Slip and Fall Lawyer
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In South Carolina, injured parties generally have three (3) years from the date of occurrence to file a civil lawsuit for personal injuries sustained during a slip-and-fall incident. Failure to timely file such a suit will likely result in dismissal of your claim.
Certain exceptions apply. When an injured party suffers an injury attributable to a defect/hazard on governmental property (city sidewalk, public beach facility, governmental building, etc.), the notice period for filing a notice of claim against the governmental entity may range anywhere from one year or less. Separate laws govern claims against governmental entities.
Three years appears ample time to pursue litigation; however, Evidence disappears rapidly. Hotels and businesses commonly overwrite surveillance footage within 24-72 hours unless formally requested to retain it. Maintenance records are lost or destroyed. Witnesses’ memories fade. Hazards contributing to a victim’s fall may be corrected within mere days.
Prompt action by counsel will facilitate sending a preservation demand letter directing defendants to preserve relevant Evidence. Delaying taking action is almost always detrimental to pursuing valid claims.
Common Defendants & locations found in Myrtle Beach
Properties located along The Grand Strand exhibit a distinct combination of types frequently implicated in slip-and-fall cases.
Hotel/resort locations are very common sites for incidents including: wet pool surfaces, slippery floors caused by water brought into lobbies by patrons; poorly lighted stairways and poorly constructed balcony railings.
Vacation rental units and condominiums raise additional complexities in establishing liability. Depending on where the fall occurred, injured parties may face liability from individual property owners; property management firms; and possibly condominium associations with respect to common areas such as parking lots, elevators, hallways, and shared pool areas.
Restaurants/bars have a duty to maintain floors free from substances and adequately warn patrons of hazards (including wet floors). Liquids spilling from bars/kitchens cause slippery floors frequently cited in lawsuits.
Retail stores owe obligations to ensure aisles remain open/clear and to expeditiously remove substance-related hazards from floors (“we just mopped” does not serve as a defense if hazard was not appropriately indicated).
Amusement parks/entertainment complexes draw large crowds resulting in excessive wear and tear. Hazardous conditions prevalent in amusement parks include wet ride surfaces; defective equipment; inadequate lighting; slippery flooring; etc.
Parking garages/lots pose hazards unique unto themselves – uneven pavement; lack of illumination; unmaintained drop-off points; slippery surfaces.
Sidewalk/public areas may invoke municipal/county liability; different notice provisions apply to claims against municipalities/counties.
Regardless of type/location, demonstrating that the defendant(s) violated any applicable building codes and/or failed to address previously identified deficiencies serves as substantial Evidence of negligence.
Establishing negligence & collecting Evidence
Proving a slip-and-fall case is rarely straightforward. Both defense attorneys and insurance companies will expend considerable effort to diminish their potential exposure/liability. Therefore, how an attorney conducts discovery is equally important as any other aspect of representation.
At Maguire Law Firm, we delve into specifics including: analyzing maintenance logs/scheduling protocols to determine frequency/duration of inspection/maintenance activities; identifying whether similar hazards caused problems in past incidents; determining whether applicable building codes were followed; collecting any available video recordings prior to destruction (overwriting); etc.
Early in our investigation of any slip-and-fall case, we send formal preservation letters requiring defendants to retain all relevant Evidence until further notified otherwise. Should defendants destroy such evidence subsequent to receipt thereof, this constitutes spoliation, which may be utilized as evidence at trial.
