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The Challenges of Slip and Fall Cases

Contact the Law Office of Tyler Rody to learn more about slip and fall lawsuits in Spartanburg, South Carolina.

February 24, 2023

Receiving compensation for a slip and fall in South Carolina can be challenging. Typically, the biggest issue with filing a claim after a slip and fall is proving that someone else's negligence caused your injury. Because of this, it's important that you hire an experienced attorney that knows how to handle slip and fall cases. 

Along with the financial burdens of being injured, a slip and fall can have long-lasting impacts on your life. Serious injuries like lacerations, spinal cord damage, and broken bones can mean long recovery times and weeks, months, or even years of limited mobility, medical visits, and emotional distress. 

Usually, falls are caused by some sort of defective or dangerous condition on the premises. Stores are not automatically liable to its customers that fall and become injured. The injured person has the burden of proving that the store either created a defective or dangerous condition, knew it existed, or should have known it existed. 

Bringing a South Carolina Slip and Fall Case

When prosecuting a slip and fall claim in South Carolina, your attorney must demonstrate your case's validity. This can be accomplished by establishing the following: 

  • Duty of Care: Establish that you are owed a duty of care. This usually depends on what you were doing in the store or property. A person going shopping is owed a higher duty of care than a trespasser. 
  • Hazard Notice: Establish that you were not warned of the hazardous conditions that resulted in your injury, and that the store either had actual or constructive notice of the condition. 
  • Medical Documentation: After a slip and fall, it's important that you seek medical attention immediately, even if you don't think your injuries are serious. Injuries can present themselves days or weeks later, so seeking medical attention right away can help back up your claims if you decide to file a claim. 
  • Notice of Injury: If your injury occurs in a public place or establishment, it's important to report the accident to an employee or supervisor immediately. Additionally, if your slip and fall accident occurs in the workplace, you need to report it to your employer immediately. Remember, it's usually a good idea to do this in writing in addition to communicating it in person. 
  • Witness Statements: If there are any witnesses to your injury, having their statements on hand can also help your case. 

Stores will often argue that the customer was negligent in their actions, which could reduce the damages they may be entitled to.

A Slip and Fall Injury on the Job

If you slip and fall on the job, you should immediately report the incident to your supervisor. In addition, you should follow your employer's specific policies for filing a workers' compensation claim and other applicable procedures.

Contact a Spartanburg Slip and Fall Attorney Today

The Law Office of Tyler Rody will help you file a personal injury claim to ensure you obtain financial compensation for your injuries and damages.

Contact the Law Office of Tyler Rody to learn more about slip and fall lawsuits in Spartanburg, South Carolina. You can also call (864) 381-7969 to schedule a free consultation with our leading Spartanburg slip and fall attorney, Tyler Rody, and get the legal representation you deserve.

Tyler Rody

Tyler Rody

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