Slipping on Private Property vs Public Property
Slips and falls can occur anywhere. However, if you are injured on someone else’s property, it is crucial that you understand your legal rights. In personal injury law, the specific location—whether the slip and fall occurred on private or public property—is important. This distinction can significantly impact your ability to pursue monetary compensation and hold the at-fault party liable for your injuries and related damages.
If you’ve sustained injuries in a slip and fall accident, regardless of where it occurred, it is in your best interest to seek legal advice from a SC slip and fall attorney to better understand your case and options for pursuing compensation.
Liability of Property Owners for Slip and Fall Accidents on Private Property
Slip and fall incidents on private property commonly involve property owners, managers, contractors, or landlords, who are legally responsible, to varying degrees, for ensuring the property is safe for everyone. That means you can hold them liable for your injuries if you get injured on their property. To pursue a claim against the liable party, your SC slip and fall attorney must prove the party’s negligence, meets the following criteria:
- The liable party owed you a legal duty of care.
- They violated their duty by failing to address or warn you about the dangerous condition that caused your slip and fall accident.
- Their violation directly resulted in your injuries.
Take note that slip and fall accidents that occur on commercial properties, including offices, stores, hotels, resorts, or restaurants, can be more complex than those that happen on homes. The main reason for this is that these cases typically involve multiple potentially liable parties, such as property owners, maintenance companies, and tenants. This usually means a more intensive investigation to determine and establish liability is required.
Government Liability for Slip and Fall Accidents on Public Property
Public property includes any space a government entity owns and maintains, including parks, sidewalks, public transportation facilities, and government buildings. Proving liability for slip and fall accidents on public property can be more complex. Additionally, there’s the issue of governmental or sovereign immunity, which might limit your ability to file a claim against a government entity. Fortunately, the South Carolina Tort Claims Act provides individuals the right to file claims against government entities under these circumstances:
- The government entity is a state, city, or municipality agency.
- The government entity or employee was aware of the dangerous condition but failed to address it.
- You would have a valid claim even if the slip and fall accident involved a private individual.
- You suffered injuries and other losses because of the accident.
However, the Act also includes exemptions and limitations that apply to government liability. For instance, you cannot hold the state liable for injuries resulting from ice or snow accumulation due to inclement weather conditions unless a government employee’s negligent actions caused the condition. Additionally, there are limits to the amount of compensation you can recover from the state. Understanding how these statutes may apply to your specific case will require the experience and knowledge of a seasoned SC slip and fall attorney.
Get Legal Guidance From Our South Carolina Slip and Fall Accident Attorney Today
Whether you slipped and fell on public or private property, the SC slip and fall attorney at John Price Law Firm can help. Contact us online or call 843-552-6011 to arrange your case evaluation with our SC slip and fall attorney.