Slip & Fall Lawyer in South Carolina

Three years from the date of the injury under S.C. Code Ann. § 15-3-530(5) for falls on private property. If your fall occurred on government property — state, county, or municipal — the South Carolina Tort Claims Act imposes shorter deadlines: a verified claim must be filed within one year of discovery under S.C. Code § 15-78-80, and the lawsuit must be commenced within two years of discovery (or three years if an administrative claim was filed) under § 15-78-110. The Tort Claims Act deadline is a trap — many people assume the general three-year SOL applies to all cases. Consult an attorney immediately if your fall was on government-owned property.

You need to prove: (1) the property owner owed you a duty of care (typically established by showing you were an invitee — a customer, tenant, or visitor on the premises for the owner's benefit); (2) a dangerous condition existed on the property; (3) the owner knew or should have known about the condition (actual or constructive notice); (4) the owner failed to fix the hazard or warn you; and (5) the dangerous condition caused your injuries. The notice element is usually the hardest to prove. Surveillance footage, maintenance logs, prior incident reports, and employee testimony are the evidence that establishes notice — all controlled by the property owner. A preservation letter sent within days of the fall is essential.

Yes — but only if your fault is not greater than the property owner's. South Carolina follows modified comparative negligence with a 51% bar under S.C. Code § 15-38-15. At 50% fault, you recover 50% of your damages. At 51% fault, you recover nothing. Property owners routinely argue the injured person was distracted, wearing inappropriate footwear, or ignoring warning signs to push fault above the 50% threshold. A local attorney counters these arguments with evidence of the hazard's duration, the owner's failure to inspect, and the inadequacy of any posted warnings.

The South Carolina Tort Claims Act (S.C. Code §§ 15-78-10 et seq.) governs claims against state, county, and municipal entities. You must file a verified claim within one year of discovery under § 15-78-80, and the lawsuit must be commenced within two years (or three if an administrative claim was filed) under § 15-78-110. Section 15-78-60 lists exceptions to the waiver of sovereign immunity — discretionary functions, judicial acts, and certain property-condition defenses — that the government entity will invoke. There are also damages caps. A local attorney with Tort Claims Act litigation evaluates your case against these specific barriers.

Absolutely — and immediately. Photograph the exact spot where you fell, the hazardous condition (water, ice, broken tile, uneven pavement, debris), any warning signs or lack thereof, the lighting conditions, and your footwear. Get the names and phone numbers of any witnesses. Report the fall to the property manager and ask for a written incident report. Under South Carolina's 51% bar (S.C. Code § 15-38-15), the property owner will argue you should have seen the hazard — your photos showing poor lighting, hidden conditions, or absent warnings directly rebut that argument. This evidence disappears fast: stores clean up hazards, security footage overwrites, and employees forget.