The term “slip and fall” comes under the category of personal injuries. In the state of South Carolina, several things must be proven in order for you to have a successful outcome in your slip and fall case. The main thing is that your personal injury attorney must be able to prove that the injuries of the plaintiff were indeed caused by some sort of negligence from the defendant.
6 Areas Which Must be Proven for a Successful Slip and Fall case
- A plaintiff who is injured
- A hazard that caused the injury
- A legitimate injury as a result of the slip and fall accident
- Obvious cause of the accident that is linked to a hazard
- A duty owed to the plaintiff by the defendant
- Proof that the defendant was made aware of the hazard which caused the accident.
The Injured Plaintiff
Often times, the only one who witnesses the slip and fall accident is the victim themselves. In this case, the victim who is injured has to be able to convince a jury that the accident took place just as they described.
One of the responsibilities of home owners is to maintain their property in such a way that the risk for slip and fall accidents is greatly reduced. While there are many things that could contribute to fall hazards, you might be surprised to find out how basic some of them are!
Things That Contribute to an Injury Case:
Something as simple as not promptly cleaning up spills from the floor, all the way to the staircase being built out of code can cause accidents. It can be hard to prove your case to a third party when you have the offending party sitting right there with you.
Strange as it may seem, the condition of the plaintiff’s shoe verses the condition of the defendant’s floor might also need to be examined. Other factors such as age, physical health and mental awareness may also be reviewed just to determine whether or not anything would have caused the plaintiff to walk in an atypical manner which could have caused a fall and/or injury. The bottom line here is that it is necessary to make sure that a hazard really did exist and what that hazard was. A personal injury attorney will be able to help determine this!
This information is for general use and is not intended to be legal advice. Please call our offices today at 843-903-1212 for a free consultation to discuss your rights if you have been the victim of a slip and fall accident.
The Law Office of Dennis J. DiSabato, Jr., LLC
3888 Renee Drive, Suite 201
Myrtle Beach, SC 29579