Slip and fall accidents can happen anywhere: a wet floor in a grocery store, a broken staircase in an apartment complex, a pothole in a restaurant parking lot. When these accidents cause serious injuries, the property owner or manager may be legally responsible.
Slip and fall injuries in Greenville frequently occur at Haywood Mall (the largest enclosed mall in South Carolina), the Shops at Greenridge, Woodruff Road retail and restaurant corridor, downtown Greenville’s Main Street and Falls Park on the Reedy, the Bon Secours Wellness Arena, Fluor Field, and the numerous hotels and restaurants along the I-85 corridor, as well as apartment complexes, office buildings, and parking lots throughout Greenville County.
At Monge & Associates Injury and Accident Attorneys, our Greenville slip and fall lawyers have recovered over $1 billion for injury victims since 1993. The call is free, and you pay nothing unless we win.
If you were injured in Greenville or anywhere in Greenville County, speak with our legal team at (864) 778-3765.
Proving Premises Liability in South Carolina
To succeed in a slip and fall case in South Carolina, your attorney must establish four elements.
Duty of care. South Carolina law requires property owners and occupiers to exercise reasonable care to keep premises safe for visitors. Business invitees (customers, clients) are owed the highest duty of care. The property owner must inspect for hazards, repair known dangers, and warn visitors of conditions that are not immediately obvious.
Knowledge of the hazard. You must show the property owner had actual or constructive knowledge of the dangerous condition. Constructive knowledge can be established if the condition existed long enough that a reasonable owner would have discovered it through routine inspection. Surveillance footage, maintenance logs, and prior incident reports are critical evidence.
Failure to address the hazard. The owner must have failed to fix the hazard, warn visitors about it, or take reasonable steps to prevent injuries. Warning signs alone may not be sufficient if the owner had time to repair the condition.
Causation. The hazardous condition directly caused your fall and your resulting injuries.
Modified Comparative Negligence (51% Bar): Under South Carolina’s modified comparative negligence rule, if you are found 51% or more at fault, you cannot recover any compensation. Insurance companies may argue you were not paying attention, were wearing inappropriate footwear, or ignored visible warnings. Every percentage point of fault they can attribute to you directly reduces your compensation, and pushing you past 50% eliminates it entirely.
Compensation Available in Greenville Slip and Fall Cases
Economic Damages: Medical expenses, lost wages, reduced earning capacity, property damage. There is no cap on economic damages in South Carolina.
Non-Economic Damages: Pain and suffering, emotional distress, loss of enjoyment of life, loss of consortium. South Carolina does not cap non-economic damages in most personal injury cases.
Punitive Damages: In cases involving egregious misconduct, South Carolina courts may award punitive damages (capped at the greater of $500,000 or three times compensatory damages under S.C. Code § 15-32-530, with exceptions for intentional harm, felony conduct, or impairment by drugs or alcohol).
What to Do After a Slip and Fall in Greenville
1. Seek Medical Attention. Even if injuries seem minor, get evaluated promptly. Prisma Health Greenville Memorial Hospital (the only Level I trauma center in the Upstate region), Bon Secours St. Francis Health System, and AnMed Health can provide immediate care.
2. Report the Incident. Notify the property owner or manager. Request a written incident report.
3. Document Everything. Take photos of the scene, vehicles or hazards, and any visible injuries. Collect witness information.
4. Avoid Speaking With Insurance Adjusters Alone. Do not give recorded statements without consulting an attorney. Insurance companies will use anything you say to increase your percentage of fault and reduce your recovery under South Carolina’s modified comparative negligence rule.
5. Contact a Greenville Slip and Fall Lawyer. At Monge & Associates Injury and Accident Attorneys, we offer free consultations and work on a contingency fee basis. You pay nothing unless we recover compensation for you.
Greenville Slip and Fall FAQs
How long do I have to file a slip and fall lawsuit in Greenville? South Carolina gives injury victims three years (S.C. Code § 15-3-530(5)) to file a lawsuit.
Can I still recover if I was partially at fault? South Carolina follows modified comparative negligence with a 51% bar. You can recover compensation if you are 50% or less at fault, but your recovery is reduced by your percentage of fault. If you are 51% or more at fault, you are barred from recovery entirely. Legal representation helps minimize the fault attributed to you.
Where will my Greenville case be heard? Most cases are heard in the Greenville County Circuit Court, part of the Thirteenth Judicial Circuit.
How much does a Greenville slip and fall lawyer cost? Monge & Associates Injury and Accident Attorneys works on a contingency fee basis. You pay nothing unless we win.
Office
Monge & Associates Injury and Accident Attorneys
37 Villa Rd #412
Greenville, SC 29615
Phone: (864) 778-3765
Contact a Greenville Slip and Fall Lawyer at Monge & Associates Injury and Accident Attorneys
If you were injured in Greenville, the team at Monge & Associates Injury and Accident Attorneys is ready to fight for your recovery.
Call us today at (864) 778-3765, or contact us online for a free consultation.
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