How Comparative Negligence Affects Slip and Fall Claims in South Carolina

Slip and fall accidents are among the most common personal injury claims in South Carolina, occurring in grocery stores, restaurants, workplaces, and even on private property. According to the South Carolina Department of Health and Environmental Control (DHEC), falls are a leading cause of injury-related emergency room visits in the state. However, recovering compensation for these accidents isn’t always straightforward due to the state’s comparative negligence laws.

Understanding Comparative Negligence in South Carolina

South Carolina follows a modified comparative negligence rule, which means that an injured party can recover damages only if they are less than 51% at fault for the accident. If a victim is found to be partially responsible, their compensation is reduced in proportion to their percentage of fault.

For example, if a court determines that a slip and fall victim was 20% responsible for their accident and their total damages amount to $100,000, they would only be able to recover $80,000. However, if the victim is found to be 51% or more at fault, they will be barred from recovering any compensation.

How CFJ Injury Lawyers Can Help You Navigate Comparative Negligence

At CFJ Injury Lawyers, we understand the complexities involved in slip and fall cases and how South Carolina’s comparative negligence laws can impact your ability to recover compensation. Our firm has been serving North Charleston and the surrounding areas for over 40 years, fighting for injured victims and ensuring they receive the justice they deserve.

Why Choose CFJ Injury Lawyers?

• Decades of Experience:

Our firm has built a reputation for successfully handling personal injury cases, including complex slip and fall claims where liability is often disputed.

• Highly Credentialed Attorneys:

Attorney Catherine F. Juhas, a cum laude graduate of the Charleston School of Law, is licensed in South Carolina, North Carolina, Washington D.C., and the U.S. District Court of South Carolina. She also serves as an Adjunct Professor at the Charleston School of Law, demonstrating her deep knowledge of personal injury law.

• Dedicated to Client Success:

Attorney Eric Saleme, who has extensive experience in personal injury and workers’ compensation, is also fluent in Spanish, allowing us to assist a broader range of clients effectively.

• Personalized Legal Strategy:

We take the time to understand each case, work closely with medical professionals and accident reconstruction experts, and aggressively negotiate with insurance companies.

The Slip and Fall Legal Process in South Carolina

If you’ve been injured in a slip and fall accident, our legal team will guide you through every step of the process:

1. Case Evaluation and Investigation

After contacting CFJ Injury Lawyers, we will conduct a comprehensive evaluation of your case, gathering all necessary evidence, including:

• Incident reports from the property owner or business
• Surveillance footage (if available)
• Medical records documenting your injuries
• Witness statements to support your claim
• Expert analysis to determine the cause of the accident

2. Proving Negligence and Liability

To win a slip and fall case, we must prove that the property owner or business was negligent in maintaining a safe environment. We will:

• Show that the hazardous condition existed long enough for the property owner to take action.
• Demonstrate that reasonable steps were not taken to fix the issue or provide adequate warnings.
• Establish that your injuries resulted directly from the property owner’s negligence.

3. Negotiating With Insurance Companies

Insurance companies often attempt to shift blame onto the victim to reduce or deny compensation. Our attorneys have decades of experience negotiating with insurance providers, ensuring that our clients are not taken advantage of.

4. Taking Your Case to Court If Necessary

While many cases are settled outside of court, we are fully prepared to litigate if necessary. Our team has extensive trial experience and will fight to maximize your compensation.

Recent Slip and Fall Statistics in South Carolina

• According to the Centers for Disease Control and Prevention (CDC), over 30% of South Carolina residents aged 65 and older experience a fall each year.
• The South Carolina Department of Transportation (SCDOT) reports that uneven sidewalks and poorly maintained parking lots contribute to a significant percentage of urban slip and fall incidents.
• Workplace slip and falls remain a leading cause of workers’ compensation claims in South Carolina.

Frequently Asked Questions About Slip and Fall Cases in South Carolina

Q: What should I do immediately after a slip and fall accident?

A: After a slip and fall accident, follow these steps:

• Seek medical attention immediately.
• Document the scene by taking photos or videos of the hazard.
• Report the accident to the property owner, manager, or supervisor.
• Gather witness statements if possible.
• Contact an experienced personal injury attorney to assess your case.

Q: How long do I have to file a slip and fall lawsuit in South Carolina?

A: Under South Carolina law, the statute of limitations for personal injury claims is three years from the date of the accident. Failing to file within this period can result in losing your right to seek compensation.

Q: Can I still recover damages if I was partially at fault?

Yes, as long as you were less than 51% at fault for the accident. Your compensation will be reduced based on your percentage of fault.

Q: What types of damages can I recover in a slip and fall case?

A: Victims may be entitled to compensation for:

• Medical expenses (past and future)
• Lost wages and loss of earning capacity
• Pain and suffering
• Rehabilitation costs
• Emotional distress

Q: Why should I hire CFJ Injury Lawyers for my slip and fall case?

• Proven results in personal injury cases with a strong track record of success.
• Decades of combined legal experience helping South Carolina residents recover fair compensation.
• Compassionate and dedicated legal team that puts your well-being first.
• Free case evaluation to help you understand your legal options.

Contact CFJ Injury Lawyers for a Free Consultation

If you’ve been injured in a slip and fall accident in South Carolina, don’t face the legal battle alone. Let the experienced attorneys at CFJ Injury Lawyers fight for the compensation you deserve. Call us today or visit our North Charleston office for a free case evaluation.