Slipping and falling in a store can be an embarrassing and painful experience. You may suffer from injuries that require medical attention and possibly time off work to recover. However, if no one witnessed the accident, you may be wondering if it’s even possible to receive compensation for your injuries.

Under South Carolina premises liability laws, you can still seek compensation even if there were no witnesses to your fall. Our South Carolina slip and fall lawyers at Joye Law Firm can help you understand your rights and build a strong claim for receiving a settlement using alternative forms of evidence.

Premises Liability in South Carolina

In South Carolina, premises liability law holds property owners responsible for maintaining a safe environment for visitors. Liability applies to businesses such as retailers, grocery stores, and restaurants. If a store owner fails to maintain a safe environment and you are injured, they can potentially be held liable for your damages. This is true even if there were no witnesses to your slip and fall accident.

What You Need to Prove to Win Compensation

To successfully pursue compensation for a slip and fall accident in South Carolina, you must establish the following:

  • Duty of care: You must show that the store owner owed you a duty of care. Duty of care refers to the expectation that property owners are legally obligated to maintain a safe environment for visitors.
  • Breach of duty: You must prove that the store owner breached their duty of care. This could mean they failed to address a known hazard or did not take reasonable steps to discover and fix dangerous conditions on their premises, such as a wet floor or loose carpet.
  • Causation: You must demonstrate that the store owner’s breach of duty directly caused your injuries.
  • Damages: You and your attorney must prove that you suffered damages as a result of your injuries, such as medical bills, lost wages, and pain and suffering.

How Can an Experienced Attorney Build Your Case?

The experienced slip and fall attorneys at Joye Law Firm can help you gather the necessary evidence to support your claim. While this typically includes witness statements, our team can build a strong case even when no one saw your fall.

As we investigate your accident, our attorneys can gather evidence, which may include the following, to prove your damages:

  • Surveillance footage: Many stores have security cameras that capture video footage of the premises. Your attorney can request a copy of the surveillance video from the store showing the hazard that caused your fall to support your claim.
  • Your pictures or videos of the scene: If you took photos or recorded a video of the hazardous condition that caused your fall, it can serve as valuable evidence. Share any pictures or footage you took showing wet flooring, uneven stairs, debris, or lack of signage at the accident site after your injury with your attorney.
  • Incident or police report: If the store created an incident report or the police came to the scene, these reports could provide essential information about the circumstances surrounding your fall. Your attorney can obtain these documents to prove the accident occurred as you said it did, as well as the events that caused it.
  • Medical records: Your medical records are crucial in proving the extent of your injuries and treatment. Your doctor should note the cause of your injuries when you come in for medical care, which can connect your injuries to the incident. Keep detailed records of your medical appointments, treatments, and expenses and share them with your lawyer to help calculate how much you will need in compensation.
  • Previous complaints: If there were prior complaints about the hazardous condition that caused your fall, it could help establish that the store owner was aware of the issue but failed to take appropriate action.

For example, complaints about trip hazards on the store’s social media profiles, other lawsuits, or direct complaints from others, including emails or texts, can show this element. Your attorney may be able to obtain a record of these complaints to support your claim.

Get the Compensation You Deserve

Even if no one saw your slip and fall accident, it’s still possible to pursue compensation with the help of an experienced attorney at Joye Law Firm. By gathering the available evidence and proving the necessary elements, we can build a strong case for your compensation.

Our skilled attorneys are committed to helping you navigate the complexities of premises liability law and fight for the compensation you deserve. Contact us today to schedule a free consultation and learn more about how we can help with your slip and fall case.

About the Author

Mark Joye is the Head of the Litigation Department at the Joye Law Firm. A Board-Certified Trial Advocate with nearly 30 years of litigation experience, he currently serves on the Board of Governors for the American Association for Justice and is a past president of the South Carolina Association for Justice. In a recent trial, Joye headed a trial team that secured $17 million for a family killed in a tractor-trailer accident.

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