How Much Is My Slip and Fall Case Worth in Charleston, SC?

Understanding Slip and Fall Case Value in Charleston

The value of your slip and fall case depends on several interconnected factors that insurance companies and courts evaluate when determining fair compensation.

South Carolina Premises Liability Law

Property owners in South Carolina owe different duties of care depending on visitor status. Business invitees (customers, guests) receive the highest protection—property owners must regularly inspect premises, identify hazards, and either fix dangerous conditions or provide adequate warnings. Proving negligence requires showing the property owner knew or reasonably should have known about the hazard and failed to act.

Common Slip and Fall Locations in Charleston

• Grocery stores and retail: Spilled liquids, produce debris, wet floors without warning signs, uneven floor transitions, and cluttered aisles
• Restaurants and bars: Grease on kitchen and dining floors, spilled drinks, broken steps, and inadequate lighting
• Historic downtown sidewalks: Charleston’s cobblestone streets and uneven brick sidewalks create tripping hazards, especially in the French Quarter and along King Street
• Parking lots and garages: Potholes, oil slicks, inadequate lighting, crumbling curbs, and uneven pavement
• Hotels and resorts: Wet pool decks, slippery lobby floors, poorly maintained stairways, and elevator threshold gaps
• Folly Beach businesses: Sand-covered floors, wet walkways, damaged boardwalks, and poorly maintained beach access points

Types of Injuries and Their Impact on Case Value

• Broken hips: Among the most serious slip and fall injuries, especially for elderly victims. Surgery, rehabilitation, and potential permanent disability significantly increase case value ($75,000–$300,000+)
• Traumatic brain injuries: Head strikes during falls can cause concussions, contusions, and severe TBIs with lifetime consequences ($100,000–$1,000,000+)
• Spinal cord injuries: Falls causing herniated discs, compression fractures, or spinal cord damage can result in chronic pain or paralysis ($150,000–$500,000+)
• Wrist and arm fractures: Common when victims extend arms to break falls. May require surgery and extended rehabilitation ($15,000–$75,000)
• Knee and ankle injuries: Ligament tears, fractures, and dislocations from twisting during falls ($20,000–$100,000)
• Shoulder injuries: Rotator cuff tears and shoulder dislocations from impact ($25,000–$100,000)

Factors That Increase Case Value

• Prior complaints: Evidence that others reported the same hazard before your fall
• Surveillance footage: Video showing the hazardous condition existed for a significant time before the fall
• Maintenance records: Documentation showing the property owner failed to follow inspection schedules
• Building code violations: Violations of Charleston building codes or ADA requirements
• Severe or permanent injuries: Higher medical costs and lasting impact on quality of life
• Clear negligence: Obvious hazards that any reasonable property owner would have addressed

Factors That May Decrease Case Value

• Comparative negligence: South Carolina’s modified comparative negligence rule reduces your recovery by your percentage of fault. You must be less than 51% at fault to recover anything.
• Open and obvious hazards: Property owners may argue the hazard was visible and you should have avoided it
• Lack of documentation: Failing to report the incident, photograph the scene, or seek timely medical care weakens claims
• Pre-existing conditions: Insurance companies may argue your injuries predated the fall

Statute of Limitations

Under South Carolina Code § 15-3-530, you have three years from the date of your slip and fall to file a lawsuit. Missing this deadline permanently bars your claim regardless of how strong your case may be.

Documenting Your Slip and Fall Scene

Strong evidence is the foundation of successful premises liability claims. Immediately after a fall, photograph the hazardous condition, your injuries, your footwear, and the surrounding area. Get contact information from witnesses. Report the incident to the property manager and request a written incident report. Preserve the clothing and shoes you were wearing.