Slip and Fall Claims on Private vs Public Property in South Carolina
Slip and fall claims in South Carolina are treated differently depending on where the accident occurred, whether on private property, such as a store or apartment complex, or on public property, such as a government building, park, or sidewalk. The most significant difference comes down to who’s responsible for maintaining the property and how liability is proven.
Private property claims are handled under premises liability law, which holds property owners accountable for failing to keep their spaces safe. Falls on public property, on the other hand, involve government agencies, and those cases follow special rules under the South Carolina Tort Claims Act (SCTCA).
Our premises lawyers have handled both—from a tourist who slipped in a retail store in the Tanger Outlets to a resident who fell on a cracked city sidewalk downtown. Knowing the difference early on can make or break your case, so reach out to John Price Law Firm as soon as you can to learn more about your slip and fall claim.
What if You Slip and Fall on Private Property in Charleston?
In SC, business owners and private property owners owe visitors a duty of care, meaning they must fix or warn about hazards they know about or should reasonably know about. Common risks include spilled liquids, loose mats, uneven flooring, and poorly lit stairs.
If a store employee ignores a spill for hours or a landlord fails to repair a broken step despite complaints, they may be liable for your injuries. These typically happen in retail centers, apartment complexes, and beach resorts where maintenance is sometimes overlooked, particularly during busy tourist seasons.
Private property claims typically involve negotiation with the business’s liability insurer. These insurers will argue that the injured person wasn’t watching where they were going or that the hazard was open and obvious. That’s where a seasoned Charleston slip and fall accident lawyer can intervene and preserve video footage, gather witness statements, and work with medical experts to link your injury to the fall.
What if You Slip and Fall on Public Property in Charleston?
Falls on public property are handled differently because they involve government entities. You can’t sue the state, city, or county without following the strict procedures outlined in the South Carolina Tort Claims Act (SCTCA).
Under the Act, government agencies can be held liable if an employee’s negligence, such as failing to repair a sidewalk, cleaning up a spill, or maintaining a public building, caused your injury. However, these claims have tight deadlines and damage caps. You must file a verified claim within one year and can’t recover more than $300,000 per person or $600,000 per incident.
Public property cases are usually won or lost on timing and documentation. That means the city can deny responsibility if you fail to act swiftly and appropriately.
What a Charleston Slip and Fall Accident Lawyer Can Do
Slip-and-fall cases may seem straightforward. However, they usually turn into confusing legal battles over who knew what and when. A Charleston slip and fall accident attorney can:
- Investigate property maintenance and cleaning logs
- Identifying liable parties, whether it’s a private owner or a government agency
- Filing claims on time under South Carolina’s statutes
- Consulting medical professionals to calculate all your damages
- Negotiating or taking your case to court for the maximum possible recovery
Talk to Our Charleston Slip and Fall Accident Attorneys
Find out how we can secure compensation for your case. Call 843-552-6011 or contact us online to arrange your case evaluation with our accident lawyers.