Accidents while on other people’s property happen and sometimes result in injuries. However, if an accident was due to the negligence or carelessness of another person, it is possible to file a claim and get compensation. So, whether you are dealing with an insurance company or filing a lawsuit in South Carolina, you must prove that someone else or the property owner is responsible for the injuries. Read on to learn how a lawyer can help you and what you must prove in a slip-and-fall claim.
Proving Liability in a Slip-and-Fall Case
All personal injury claims in South Carolina require proof of liability. You need to hold someone responsible for your injuries in a slip-and-fall accident. Therefore, you must prove that the property owner or the person responsible for the property must have known about the dangerous situation and failed to act upon it. The point here is to justify that the owner knew about the danger and had time to remedy it before the accident.
You also need proof that the property owner or person responsible caused the accident by failing to rectify the dangerous condition of the property. You will need to show that it was foreseeable that an accident could happen in such a situation.
How is a Property Owner Liable for a Slip and Fall Accident?
The owner is usually responsible for the slip and fall accident. However, there are standards of liability that surround this conclusion. Several instances could hold a property owner responsible for the accident.
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Slipping Carpets or Rugs
You could slip and fall because of a loose carpet or rug. If the rugs don’t properly grip underneath, they could cause slipping dangers. You could also trip over a carpet with a hole or frayed edge. It is common to fall on slippery or wet floors. However, trips due to loose rugs or carpets could be a mere accident. Ignoring the sign warning about slippery or wet floors could also be your fault.
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Tripping on Stairs
Staircases can also be unsafe such that they cause accidents. For example, a foreign object on the stairs or the handrails could be missing or poorly attached or designed. Stairs could also cause slip and fall accidents if the risers are wrongly measured with varying heights or the steps are too shallow. If the owner fails to address such issues, they could be at fault for the accident.
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Slipping on Snow or Ice
You can also hold a property owner liable if you lose your balance and fall due to snow and ice on their property. The law requires every homeowner to remove snow and ice to protect their pathways and sidewalks. Even though it may be hard to win such a case, it is still worth pursuing justice.
Conclusion
Proving liability in a slip-and-fall case may not be easy. That is why it is advisable to have the backup of an experienced personal injury lawyer. The professional will help navigate all the possibilities ad gather evidence to prove liability.