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A slip and fall injury can turn an ordinary trip to the grocery store, a restaurant on King Street, or a hotel along the Battery into a painful, life-changing event. If you were hurt because a property owner in Charleston failed to keep their premises safe, you may have the right to seek compensation for your medical bills, lost income, and pain and suffering. At The Thumbs Up Guys, our Charleston slip and fall injury lawyers fight for injured victims every day, and we’re ready to fight for you, too.
Why Choose the Thumbs Up Guys for Your Charleston Slip and Fall Claim?
When you’re dealing with a serious injury from a fall, the last thing you need is an insurance company telling you your claim isn’t worth much. We know how these companies operate, and we don’t let them get away with it.
Here’s what sets us apart:
- No Fee Unless We Win. You pay nothing upfront, and we only collect a fee if we recover money for you. Zero risk to get started.
- Over $100 Million in Verdicts and Settlements Since 2020. Our track record speaks for itself. Insurance companies know our name, and they know we don’t back down.
- A Proven 5-Step Process. From your free consultation through evidence collection, medical care coordination, full case evaluation, and final resolution, our process is built to protect you at every turn.
- Award-Winning Representation. Our team has been recognized as one of the most respected firms in the state, earning honors like Best Law Firm in Charleston and Super Lawyers recognition.
We treat every client like a person, not a claim number. While you focus on healing, we handle the insurance companies so you don’t have to.
Hurt After a Fall? Call the Thumbs Up Guys. We’ve Got This!
Don’t wait to contact the Thumbs Up Guys at Miller, Dawson, Sigal & Ward Injury Attorneys. The sooner you reach out, the sooner we can help you take steps towards the compensation you’re owed!
How a Slip and Fall Injury Can Affect Your Life
A fall might sound minor to someone who hasn’t experienced one, but the reality is often far different. A hard landing on a wet floor or an uneven sidewalk can cause injuries that take months or even years to fully recover from.
Some of the most common injuries we see in Charleston slip and fall cases include:
- Broken bones, especially wrists, hips, and ankles
- Traumatic brain injuries from hitting your head during the fall
- Herniated discs and other back or spinal cord injuries
- Torn ligaments, tendons, or muscles
- Deep cuts and bruising
- Shoulder dislocations or rotator cuff tears
These injuries can keep you out of work, pile up medical bills, and make everyday activities painful. For older adults, a fall can lead to a long hospital stay and a difficult rehabilitation process. The physical toll is only part of it. Many of our clients also deal with anxiety, depression, and fear of falling again long after the accident itself.
What Is Premises Liability in South Carolina?
“Premises liability” is the legal term for holding a property owner responsible when someone gets hurt on their property due to unsafe conditions. Under South Carolina law, property owners have a duty to keep their premises in a reasonably safe condition for people who are lawfully there.
This doesn’t mean a property owner is automatically at fault every time someone falls. To have a valid claim, you generally need to show that:
- The property owner knew about the hazard (or should have known about it with reasonable care)
- They failed to fix the hazard or warn visitors about it
- That failure directly caused your injury
- You suffered real damages as a result, such as medical costs or lost wages
South Carolina classifies visitors into different categories, including invitees (like customers at a store), licensees (like social guests), and trespassers. The level of care a property owner must provide depends on which category applies. If you were a customer at a Charleston business, you’re owed the highest duty of care.
Situations That May Lead to a Slip and Fall Claim
Falls can happen just about anywhere in Charleston, from busy retail shops on Meeting Street to the cobblestone areas of the Historic District. Some of the most common situations we handle involve:
- Wet or slippery floors in grocery stores, restaurants, hotels, and shopping centers, often caused by spills, mopping, or leaking refrigeration units
- Uneven or cracked sidewalks and walkways, which are especially common near older properties in downtown Charleston
- Poorly lit stairwells and parking garages, where it’s hard to see changes in elevation or obstacles
- Loose handrails or missing safety barriers on balconies, decks, and staircases
- Cluttered aisles or debris left in walkways at retail stores and warehouses
- Weather-related hazards that aren’t addressed, like standing water after a storm near building entrances
Each of these situations can form the basis of a premises liability claim if the property owner’s negligence caused or contributed to the fall.
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Who May Be Liable for a Slip and Fall Injury?
Figuring out who is responsible for your slip and fall is one of the most important parts of building a strong case. Depending on where your fall happened, more than one party could share liability.
Potentially responsible parties include:
- Property owners who failed to maintain safe conditions
- Business operators or tenants responsible for the day-to-day upkeep of the space
- Property management companies that handle maintenance for commercial buildings, apartment complexes, or shopping centers
- Contractors or maintenance crews who performed shoddy repair work or left hazards behind
- Government entities, if the fall happened on a public sidewalk or in a government building (note: claims against government entities in South Carolina must be filed within two years under the South Carolina Tort Claims Act, rather than the standard three-year deadline)
In some cases, more than one party shares fault. Under S.C. Code § 15-38-15, South Carolina’s modified comparative negligence law, the court can apportion fault among multiple parties. Even the injured person’s own actions are considered.
If you are found to be 51% or more at fault for your fall, you cannot recover compensation. But if your share of fault is 50% or less, you can still recover damages, reduced by your percentage of responsibility.
This is one of the reasons having a strong legal team matters so much. Insurance companies routinely try to shift blame onto the injured person to reduce or deny their claim. We know how to push back against those tactics.
Compensation Available in a Slip and Fall Lawsuit
If your claim is successful, you may be entitled to recover compensation for a range of losses. South Carolina law recognizes three general categories of damages in premises liability cases:
- Economic damages cover your measurable financial losses, including medical bills (past and future), lost wages, reduced earning capacity, physical therapy costs, and any necessary assistive devices like crutches or wheelchairs.
- Non-economic damages account for the harder-to-measure impact on your life, such as physical pain and suffering, emotional distress, loss of enjoyment of life, and loss of companionship.
Every case is different, and the value of your claim depends on factors like the severity of your injuries, how long your recovery takes, and the strength of the evidence. Our job is to make sure every loss is accounted for, so you receive the full value of your claim.
Evidence Used to Prove a Slip and Fall Case
Strong evidence is the foundation of any successful premises liability claim. The sooner evidence is gathered, the better your case will be. Here’s what we look for when building your case:
- Surveillance footage from cameras inside or outside the property (many businesses overwrite footage quickly, so timing matters)
- Photographs of the hazard, your injuries, and the overall scene
- Incident reports filed with the property owner, manager, or store staff
- Witness statements from anyone who saw what happened or noticed the dangerous condition
- Medical records that connect your injuries directly to the fall
- Maintenance logs and inspection records showing whether the property owner was aware of the hazard or had a pattern of neglecting safety
One of the biggest challenges in slip and fall cases is proving that the property owner knew about the dangerous condition and failed to act. This is where our legal team’s experience matters. We know how to dig into the details, request the right documents, and work with investigators to uncover the full story.
Mistakes That Can Hurt Your Slip and Fall Claim
After a fall, it’s natural to feel shaken and unsure about what to do. Unfortunately, certain missteps can weaken your claim. Here are some common mistakes to be aware of:
- Not reporting the incident to the property owner or manager before leaving
- Skipping or delaying medical treatment, which gives the insurance company room to argue your injuries weren’t serious
- Giving a recorded statement to an insurance adjuster without speaking to a lawyer first (adjusters are trained to get you to say things that can be used against you)
- Posting about the accident on social media, where anything you share can be taken out of context and used to undermine your claim
- Waiting too long to take legal action, which can result in lost evidence and missed deadlines
Under South Carolina law (S.C. Code § 15-3-530), you generally have three years from the date of your injury to file a slip and fall lawsuit. While three years may sound like plenty of time, evidence disappears quickly. Surveillance footage gets overwritten, witnesses forget details, and property conditions change. Starting the process early gives your case the strongest possible foundation.
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Slip and Fall Accident Results We’ve Achieved for Clients
Our results tell the story of what’s possible when you have the right team fighting for you. Some of our notable case results include:
- $9,000,000 for a client injured due to a dangerous hotel balcony
- $2,000,000 for a client who suffered multiple leg fractures requiring surgery
- $300,000 for a client who suffered a compression fracture in a slip and fall accident
While every case is unique and past results don’t predict future outcomes, these numbers reflect our commitment to pursuing the full value of every claim. Insurance companies know that when they see The Thumbs Up Guys on the other side, they’re in for a fight.
How Our Charleston Slip and Fall Lawyers Can Help You
When you choose the Thumbs Up Guys, you’re getting a team that handles everything so you can focus on getting better. Here’s what that looks like:
- Free Case Consultation. We’ll review the details of your fall, explain your legal options, and help you understand what your claim may be worth.
- Thorough Investigation. We gather evidence quickly, including surveillance footage, witness statements, maintenance records, and anything else that supports your case.
- Medical Care Coordination. If you need treatment, we can help connect you with medical providers who understand the injury claim process.
- Full Case Evaluation. We calculate the true value of your claim, accounting for current and future medical costs, lost income, pain and suffering, and more.
- Aggressive Negotiation and Litigation. Whether your case settles or goes to trial, we fight relentlessly to make sure you aren’t taken advantage of by insurance companies.
We handle slip-and-fall cases across Charleston and the surrounding Lowcountry, including North Charleston and Summerville. No matter where your fall happened, we’re here to help.
Speak With a Charleston Slip and Fall Lawyer Today
If you’ve been hurt in a slip and fall accident in Charleston, don’t let an insurance company tell you what your claim is worth. You deserve a team that will fight for every dollar you’re owed and treat you like a person, not a claim number.
Contact The Thumbs Up Guys today for a free case consultation. There’s no fee unless we win. Call us at (843) 380-8350 or fill out our online form to get started. We’re ready to have your back.
Frequently Asked Questions About Slip and Fall Claims
Do I Need a South Carolina Slip and Fall Attorney?
If you have been injured in a slip and fall accident, you should consider hiring a qualified attorney. A slip and fall lawyer will file your lawsuit with the courts and handle all of the steps of the legal process. All the while, we will be in negotiations to try and settle your case out of court and avoid an unpredictable courtroom trial.
An experienced Charleston slip and fall injury lawyer has great familiarity with these types of cases and knows how to fight for fair compensation. Attempting to represent yourself in this type of case is never recommended, as it will likely result in a settlement far below the true value of your claim or even the failure to recover any money.
How Much Does Hiring a Slip and Fall Lawyer Cost?
When it comes to any sort of personal injury, you should never pay any out of pocket costs. Most slip and fall attorneys work on a contingency fee basis. That means that you don’t pay a cent unless you receive compensation. This system makes it possible for anyone to afford a lawyer, and it provides the peace of mind that your lawyer will do everything they can to win big.
If your lawyer is able to win you compensation, you will pay them a predetermined percentage of your financial reward. Even after paying a slip and fall attorney’s fees, on average, people who hire a lawyer take home more money than those who represent themselves.
What Is the Statute of Limitations for a Slip and Fall Lawsuit?
In South Carolina, the statute of limitations for filing a slip and fall lawsuit is three years. Failing to file a claim within this period could result in any later attempt to file being thrown out. Three years can go by quickly when it comes to legal matters, so it is best to file as soon as possible.
Another reason it is important to file as soon as possible is because your case will be strongest when the case is still fresh. Witness memories become less reliable over time, and evidence has the potential to become lost or corrupted.
What Compensation Can I Recover?
After a fall, you may be able to receive compensation to cover a wide range of losses. These can include, but may not be limited to, coverage for your doctor’s visits and other medical bills, lost wages, and pain and suffering. Our Charleston, South Carolina, slip and fall lawyers can help you determine what you’re entitled to in your free consultation.
Who Is Liable for a Slip and Fall Injury?
Determining liability in a slip and fall accident is one of the first steps that needs to be taken before filing a lawsuit. In many cases the liable party is going to be the property owner. However, if the property is leased out to another party, then the party occupying the space could be liable instead.
The property owner and the tenant could share a portion of liability in some cases if the combined action or inaction of the two parties led to the circumstances that resulted in the accident. A slip and fall injury attorney will investigate your case to determine who is liable before they file a lawsuit.
What Are Punitive Damages in a Slip and Fall Claim?
Most of the damages you could receive in a slip and fall injury case fall under the broader category of compensatory damages. This means that they are meant to compensate you for costs that you’ve accrued in relation to your injury.
Punitive damages, on the other hand, are meant as a punishment for the liable party if their actions were particularly egregious. Proving that a plaintiff acted in this manner in a slip and fall case is incredibly difficult.
Talk to your lawyer about the possibility of punitive damages if you think the liable party took deliberate action to cause your slip and fall injury.
