Slip, Trip, and Fall at a Charleston Hotel, Restaurant, or Shop: Who Is Responsible to Compensate You?

KEY TAKEAWAYS:

Customers, hotel guests, and shoppers are invitees under South Carolina law, which means a business owes them the highest duty of care and can be held liable when a known or discoverable hazard causes a fall. Winning that claim means identifying all liable parties, proving duty, breach, causation, and damages, and showing the owner knew or should have known about the danger. The Farmer Law Firm helps injured people across Charleston County and Berkeley County build those claims and pursue the compensation available to them.

Charleston runs on foot traffic. Every day, visitors and residents move through hotel lobbies, restaurant patios, and shop floors across the Tri-County area. When a spill, broken step, or another hazard causes a slip and fall accident, and a victim is injured, the question that follows is rarely simple: Who is liable to pay for their losses? 

Because video may be overwritten and dangerous conditions can be repaired within days, it is best to retain our experienced Charleston County slip and fall accident lawyer immediately, while the proof still exists. He will identify all liable parties and fight with their insurance companies to help you obtain the settlement you deserve. 

Who Is Responsible if You Get Hurt at a Store, Hotel, or Restaurant in South Carolina?

Slip and fall accidents are a type of premises liability accident claim. Customers, hotel guests, and shoppers are legal invitees, people welcomed onto the property for the owner's commercial benefit. Invitees are owed the highest duty of care South Carolina law recognizes. 

Usually, the business or property owner is a liable party. They must inspect for dangers, fix what it finds, and warn about the rest. But slip and fall accident liability is not always limited to the name on the door. Depending on who controlled the area, these parties may share fault:

• The business operator. The store, restaurant, or hotel is usually the first defendant, because its staff controls spills, signage, and inspections.
• The property owner or landlord. When a business leases space, the building owner may be held liable for structural hazards such as broken steps or poor lighting.
• A management company. Many Charleston hotels and shopping centers are run by an outside operator that sets the safety procedures. Depending on the circumstances of the slip and fall accident, they may face liability.
• A cleaning or maintenance contractor. A business responsible for cleaning or building maintenance that mops without posting a sign or causes a slip and fall danger due to other negligent actions can be liable for the fall it caused.

Each carries separate insurance, so trip and fall injuries on private, commercial, and public property often involve several policies.

Common Causes of Slip and Fall Accidents in Hotels, Restaurants, and Shops

Falls can cause serious injuries, such as broken bones, a traumatic brain injury, or spinal cord damage. In Charleston hotels, restaurants, and stores, common causes of slip and fall accidents include: 

• Wet entryways after coastal rain, with no mats or cones
• Spilled drinks, grease, or food left on restaurant and bar floors
• Uneven thresholds, sloped walkways, damaged carpet, and worn steps 
• Wet Pool decks and hotel bathrooms without slip-resistant surfaces
• Asphalt cracks and potholes in parking lots

What Must You Prove in a South Carolina Slip and Fall Case?

Getting hurt on someone else's property does not, by itself, create a slip and fall accident claim. To recover for dangerous conditions the property owner failed to fix, you have to prove four things:

• Duty of care. The owner owed you an obligation to keep the property reasonably safe.
• Breach. The owner created the hazard, failed to inspect it, or failed to warn you of the danger.
• Causation. That hazard, not some unrelated factor, caused your fall and injuries.
• Damages. You suffered real losses, such as medical bills, lost pay, or lasting pain.

In some cases, you may need to show either that an employee knew about the hazard or that it sat there long enough that a reasonable inspection should have caught it. 

Evidence You Should Collect at the Scene

A restaurant, hotel, or store could quickly clean up or fix whatever caused your fall.  The evidence you gather right after you were injured may help you prove their negligence. Our slip and fall lawyer recommends that you gather the following information: 

• Photograph the hazard from several angles before anyone cleans it, plus the lighting, signage, and your injuries.
• Collect names and numbers for every witness, including employees.
• Report the fall to a manager and ask that a written incident report be completed. Also, get their contact information.
• Request a copy of the incident report before you leave, and follow up by email that day if the business refuses.
• Ask whether cameras cover the area, and request in writing that footage be preserved.
• Keep your receipt as proof you were there.
• Save your clothes and shoes in the condition they were in when you fell. Preserve them in a plastic bag.

What Damages Can You Recover After a Fall at a Store, Hotel, or Restaurant? 

South Carolina allows both past and future economic and noneconomic damages, and a serious fall usually produces both. Types of compensation you may recover include:

• Medical expenses
• Lost wages and lost earning capacity damages if you cannot return to your job or are unable to work at all
• Pain and suffering damages
• Property damages
• Wrongful death damages if a loved one died due to their injuries

What Are the Steps in Settling a Slip and Fall Accident Claim?

Once you hire our firm, attorney Merritt Farmer will start building and resolving your claim. Here are the steps he will take to obtain the compensation you deserve:

• Notify the property owner and insurer. Our lawyer will immediately send a written notice of your claim and demand that surveillance footage, incident reports, inspection records, and other important evidence be preserved.
• Investigate the accident. Attorney Merritt Farmer will investigate your accident, including reviewing maintenance records, cleaning schedules, prior complaints, photographs, and witness statements to determine what the property owner knew or should have known. He will also review ownership documents, leases, maintenance contracts, and other documents to identify all liable parties
• Monitor your medical treatment. We will follow your care until you reach maximum medical improvement, when your condition has stabilized, and the full extent of your injuries and damages is clearer.
• Calculate the full value of the claim. Our attorney will consider future medical care, lost earning capacity, pain, physical limitations, and other losses—not just the bills you already have—in calculating how much your claim is worth.
• Prepare and send the demand package. Merritt Farmer will send a detailed demand letter and present the insurer with evidence of liability, medical records, wage-loss documentation, and a settlement demand, all organized into a single package.
• Handle negotiations. Insurance adjusters often make a low initial offer, so we use the evidence in your file to argue for a fair resolution.
• File a lawsuit when necessary. If settlement talks stall, we can take the next legal step. Most South Carolina personal injury lawsuits must be filed within three years, while claims involving government property may have shorter deadlines. We will file yours before the time limit expires.

The Farmer Law Firm handles the legal work so you can focus on your health and recovery. Attorney Merritt Farmer will give your case personal attention, stand up to the insurance company, and fight hard for the compensation the evidence supports.