South Carolina Slip and Fall Lawyer

How Common Are Slip and Fall Accidents in South Carolina?

Slip and fall accidents are among the most frequent and costly personal injury events in South Carolina and across the United States, with falls causing more than 8.8 million emergency room visits nationwide in 2023 and leading to 48,308 fatalities in 2024, including 844 worker deaths and nearly 480,000 serious workplace injuries. The CDC reports that one in four adults over age 65 suffers a fall each year, yet only half are reported, and more than 3 million seniors are treated annually in ERs for fall‑related injuries. 

In South Carolina specifically, workplace data shows that 15 workers lost their lives in 2024 due to falls, slips, and trips, accounting for 15% of all occupational fatalities statewide. Whether the accident occurs at a grocery store on Augusta Road in Greenville, a hotel lobby near the Charleston waterfront, a nursing home hallway in Spartanburg, or a rain‑soaked sidewalk in Columbia, property owners in South Carolina have a legal duty to keep their premises reasonably safe, and when they fail, our slip and fall lawyers are here to hold them accountable.

Where Do Slip and Fall Accidents Occur?

While slip and fall accidents can occur in virtually any location, from a grocery store on Two Notch Road in Columbia to a resort hotel on Ocean Boulevard in Myrtle Beach, a retail plaza on Woodruff Road in Greenville, or a parking lot off Savannah Highway in Charleston. One of the most common sites for slip and fall accidents is places of business.

Examples of slip and falls at businesses include:

• Grocery stores and supermarkets are often involved in these types of accidents because of the number of items that are spilled on their floors. Failure by staff to clean up spills leads to accidents which can make the stores liable for injuries.
• Slip and fall accidents also occur in many other kinds of retail establishments. Hotels and resorts in South Carolina are also common locations where slip and fall accidents frequently happen.

Some people are also injured in slip-and-fall accidents in private residences, and these types of claims can become more complicated. Victims do not have managers to file reports with, so there is frequent confusion about what steps should be taken after a slip-and-fall accident in a home or apartment.

It is also possible for a person to be injured in a slip-and-fall accident in a public space, and a government entity could be liable for not correcting a dangerous condition. Claims against government entities are more complicated.

Types of Slip and Fall Injuries

While some people do not suffer any injuries in a slip and fall accident, many incidents lead to severe harm. Some of the possible injuries people may sustain include:

Many of these injuries require extremely lengthy hospital stays as well as several weeks, months, or even years of rehabilitation. Most victims will face staggering medical bills.

Many injured individuals will be unable to work because of their injuries. The inability to maintain employment can also be quite lengthy, or possibly even permanent, and lead to a victim suffering a significant loss of income.

In some cases, people can die as a result of the injuries they suffer in their falls. The family members of victims in such cases may be entitled to file wrongful death lawsuits against the negligent parties.

Proving Fault in Slip and Fall Cases

Slip and fall accidents usually fall under the area of law known as premises liability. In a premises liability claim, a victim argues that a property owner or other responsible party is liable for the damages caused by a failure to keep their property in a reasonably safe condition or warn visitors about potential hazards.

Most slip and fall accident claims involve proving the four elements central to most negligence claims:

• Duty of Care — The property owner had an obligation to the victim to keep their property in a safe condition or warn about any possible dangers.
• Breach of Duty — The property owner breached their duty of care by failing to keep the property in a safe condition or warn the victim about dangers.
• Causation — The breach of duty caused the victim harm.
• Damages — The victim’s injuries resulted in damages.

The duty of care that a property owner owes a person in South Carolina depends on how that person is classified under state law. South Carolina divides visitors into three categories:

• Invitees — A property owner owes people who are on the property with an express or implied invitation the highest duty of care. Patrons at most businesses are considered invitees.
• Licensees — People who are on the property with the consent of the owner, but usually for their purposes, are considered licensees. A meter reader is an example of a licensee.
• Trespassers — People who are on property unlawfully and without permission. Trespassers are typically owed no duty of care.

It is important to note that a crucial exception applies to trespassers who are children. In such cases, property owners must ensure that any “attractive nuisances” (objects that are likely to attract children too young to appreciate the possible dangers, such as swimming pools and trampolines) are secured.

When it comes to proving fault for a slip and fall accident, few types of evidence are as compelling as photographs of the particular hazard that caused the accident. Pictures typically capture the danger that existed and help juries understand why accidents occurred.

Many property owners or other defendants may try to claim that a victim was at fault for their injuries. These property owners may also argue that there was no way they could have possibly known about a danger or taken corrective actions.

Do not assume that you will be unable to recover compensation if your actions contributed to the accident. South Carolina is a modified comparative fault state, which means that a person can recover damages so long as their negligence does not exceed that of a defendant.

A victim’s damages will also be reduced in proportion to their degree of negligence. This means that a person who is awarded $100,000 in a slip and fall accident but is found to have been 10 percent at fault will have their damages reduced by $10,000 and ultimately receive $90,000.

Compensation in a South Carolina Slip and Fall Case

When a slip and fall accident case goes to court, a victim could be awarded various kinds of compensatory damages. Compensatory damages are often a combination of economic and non-economic damages.

Economic damages are awards for costs that can be easily calculated and proven, such as medical bills, lost wages, and property damage. Economic damages also include projected future medical expenses and lost earning capacity, which are particularly important in cases involving permanent injuries or ongoing rehabilitation needs. 

Noneconomic damages are more subjective, usually involving awards such as pain and suffering, emotional distress, PTSD and loss of consortium.

In cases where a property owner’s conduct was especially reckless or egregious, such as knowingly allowing a dangerous condition to persist despite repeated complaints, punitive damages may also be available. Under South Carolina law, punitive damages are capped at three times the amount of compensatory damages or $500,000, whichever is greater.

What a Property Owner Must Prove to Avoid Liability in South Carolina

To successfully defend against a South Carolina slip and fall claim, a property owner must typically establish one of the following:

• That the dangerous condition did not exist at the time of the accident
• That the property owner had no actual or constructive knowledge of the hazard
• That the victim provoked or created the dangerous condition themselves
• That the hazard was open and obvious, and a reasonably careful person should have avoided it

Proving these defenses is often harder than it sounds. Our attorneys know how to counter each of them. We investigate whether the property had a regular maintenance and inspection schedule, whether staff ignored prior complaints about the same hazard, and whether surveillance footage or prior incident reports document a known problem. A property owner who failed to follow reasonable safety practices is liable even if they claim they didn’t know about the danger.

What to Do Immediately After a Slip and Fall Accident

When you are involved in a slip and fall accident, you should make sure that you immediately seek medical attention. It is important for all victims to receive medical care because some injuries involve delayed symptoms.

If your slip and fall accident occurred in a place of business, make sure to file a report with the manager or the supervisor on duty. Ask for a copy of the report.

You should take multiple pictures of the scene of the accident. Take photographs from several different angles and distances. Try to do this before the hazard that caused your fall is corrected.

If anybody saw your accident, try to get their names and phone numbers. Some people may be reluctant to share this information, but most will be willing to help a person they know has been hurt.

You may soon receive a phone call from an insurance company representing the property owner in your case. You should avoid speaking to the insurer until you have an attorney who can handle communications for you.

Some insurance adjusters may seem friendly and concerned, but ordinarily, their ultimate goal is to get you to make statements that could sabotage your claim. In other cases, insurers will offer quick settlements that are usually far less than what victims are entitled to. Often, the insurance company’s goal is to pay as little as possible on your claim, and ideally, nothing if they can get away with it. Don’t let them.

With more than 19 years of legal experience, Tyler Bathrick serves as a trusted attorney at Stewart Law Offices and is licensed through the South Carolina Bar, dedicating his practice to protecting injury victims and challenging insurance companies that attempt to undervalue claims.

Our professional lawyers can negotiate with an insurance company to help you seek a full and fair settlement to your case. If the insurer proves unwilling to provide a satisfactory level of compensation, our South Carolina Slip and Fall Lawyer will file a lawsuit.

Common Causes of Slip and Fall Accidents

Slip and fall accidents can occur on any property, public or private. In general, some of the most common causes of slip and fall accidents include:

Not all causes of slip and fall accidents are immediately apparent. Victims should always try to take pictures of the area where their accidents occurred before the evidence disappears.

According to the National Floor Safety Institute, uneven or wet surfaces contribute to 55% of all slip and fall accidents. This means that in many cases, the property owner had the means and the opportunity to correct the hazard but simply failed to do so, a classic example of actionable negligence.

How to Prevent Slip and Fall Accidents

Whether you are the property owner, host, employer, visitor, guest, or employee, there are safety measures you can take to reduce the chances of a slip and fall accident.

• Reduce slippery surfaces. Mop up all water spills immediately, place sand on icy surfaces, and use anti-slip mats wherever possible.
• Create a good maintenance schedule. Assign basic housekeeping responsibilities and hold everyone accountable for their job.
• Do not obstruct walkways. Keep all walking paths and aisles clear of tripping hazards.
• Ensure lighting is sufficient. Poor lighting can increase the risk of slips and falls.
• Wear proper footwear. Proper footwear provides good traction and can prevent you from slipping.
• Be mindful of your surroundings. Paying attention to where you are walking can go a long way.

How Our Premises Liability Lawyers Can Help

If you’ve been hurt in a slip and fall accident that was caused by someone else, you may have the right to take legal action.

Our experienced South Carolina personal injury lawyers are ready to help you seek justice. Stewart Law Offices can fight to help make sure your voice is heard, and your rights are respected. Our firm can immediately conduct an independent investigation of the accident to determine the true cause, collect essential evidence, and identify all possibly liable parties. We have been helping clients all over South Carolina for more than 25 years, and we’re here to fight for you.

Our firm has office locations in Beaufort, Rock Hill, Columbia, Spartanburg, and Lexington in South Carolina. Our consultations are always free. Contact us by phone at 866-783-9278 or reach out to us online to speak with a knowledgeable member of our team.