Some of the most devastating injuries happen in ordinary places such as stairwells, stores, apartment complexes, and construction sites. At Joye Law Firm Injury Lawyers, our award-winning attorneys have seen firsthand how a simple fall can cause irreversible head trauma.
We’re members of The National Traumatic Brain Injury Association, with have proven record on brain injury cases. Our premises liability attorneys know how to hold negligent property owners accountable. For example, we recovered $2.75 million for a client injured in a stairwell collapse and $1 million for a veteran who fell through an unmarked open elevator shaft. These results reflect the sobering reality we see every day: when property owners fail to maintain safe premises, innocent people suffer catastrophic injuries, including traumatic brain injuries (TBI).
If you or a loved one suffered a head injury in a fall, don’t wait. Call Joye Law Firm Injury Lawyers for a free consultation. Our No Fee Guarantee means you owe nothing unless we recover compensation for you.
How a Slip and Fall Accident Leads to a Brain Injury
A traumatic brain injury (TBI) can occur any time the head strikes a hard surface or the brain is violently jolted. Even a “minor bump” can conceal serious internal bleeding. However, symptoms aren’t always immediate. According to Mayo Clinic, post-concussive problems often emerge within 7 to 10 days and can last months or longer. A subset of victims develops persistent cognitive and mood symptoms beyond 3 months.
Based on research from the National Library of Medicine, epidural hematomas may present with a short lucid interval before rapid deterioration, also known as the “talk-and-die” phenomenon. This occurs when a person appears fine after a head injury but quickly worsens as bleeding compresses the brain.
While any injury suffered on another person’s property is serious, brain injuries can have far more devastating consequences than broken bones or sprains. Here’s why:
- The brain is vulnerable: When the head hits a hard surface or is violently jolted, sensitive brain tissue can suffer significant and sometimes permanent damage.
- Symptoms affect every part of life: Symptoms from a head injury may include blurred vision, confusion, memory problems, headaches, mood changes, and even seizures. These symptoms may not show immediately after the fall but worsen over time.
- Costs add up fast: TBIs often lead to extraordinarily high medical expenses, rehabilitation costs, long-term care, and lost wages or lost income because the injured person may be unable to return to work or perform at the same level.
- Likelihood for additional injuries: Falls that result in head injuries also often involve other serious injuries: fractures (broken bones), spinal cord trauma, and internal injuries.
- Life can change permanently: Because the brain controls many body functions, a TBI can affect physical mobility, cognitive abilities, and emotional well-being. The injury can have a permanent impact on a person’s life, affecting their family, work, and independence.
How Premises Liability Law Applies in South Carolina
When a fall happens on someone else’s property and causes a TBI or other serious injury, the injured person may bring a claim under premises liability law. In South Carolina:
- Property owners and occupiers have a legal duty of care to maintain safe conditions for visitors, depending on visitor status.
To succeed in a claim, the injured party must show:
- The owner owed the injured person a duty of care.
- The owner breached that duty by either creating or failing to remedy an unsafe condition, or by failing to provide adequate warnings.
- The breach caused the injury (in legal terms, a violation of causation).
- The injured person incurred damages, including medical expenses, lost wages, pain, and suffering.
- For slip and fall and premises liability claims, the law limits your time to act. The statute of limitations in South Carolina is generally three years from the date the injury occurred. That means if you don’t file a claim within that timeframe, you could be barred from seeking compensation.
- The duty varies by visitor classification: invitee (highest duty), licensee, and trespasser.
To help explain further, here is a real-world example. Imagine you’re walking through a grocery store. Since the business has welcomed onto the property for its own benefit, you are considered an invitee under the law. The store owner has a legal duty to routinely inspect the premises, clean up hazards in a reasonable time, and warn customers about dangers they can’t fix immediately. In this scenario, a spill has been left unattended with no warning signs. It causes you to slip, fall, and suffer a serious head injury. The store’s failure to maintain safe conditions would form the basis of your premises liability claim for injury compensation. In cases like these, the law recognizes that property owners must take proactive steps to protect the people they invite onto their property.
