Myrtle Beach, South Carolina, is a popular vacation destination for tourists from across the country, and the Eastern Seaboard, in particular. Myrtle Beach is filled with everything needed for an exciting beach getaway, including a boardwalk, restaurants, shopping malls, and amusement parks. However, a slip and fall accident at one of these locations can potentially ruin an otherwise pleasant trip.
Slip and fall accidents in Myrtle Beach can occur for a variety of reasons and under a myriad of circumstances. In some cases, people bring about their own slip and fall accidents when they do not pay careful attention to where they are stepping and walking. In other cases, slip and fall accidents occur when a property owner or manager does not reasonably inspect the premises or keep it free and clear of hazards and other defects. When that happens, a property owner could be held liable for negligence, and the injured accident victim may be eligible to recover monetary compensation in the form of damages.
If you or a loved one has sustained serious injuries in a slip and fall accident, you may have a legal right to recovery. The slip and fall injury lawyers at the Hughey Law Firm, who serve all of Myrtle Beach, understand the injuries, pain, suffering, and medical treatment that often accompanies a slip and fall accident. Our experienced team of attorneys can discuss the facts of your slip and fall accident with you and take the necessary steps to safeguard your legal rights.
It is virtually undisputed that people can sustain injuries in a slip and fall accident. However, insurance companies and their adjusters often dispute the extent and severity of these injuries. Slip and fall accidents can produce serious injuries, especially among young children and elderly people, because accident victims hit the ground directly—and usually unexpectedly. As a result of their fall, they may suffer a serious break, fracture, or traumatic brain injury (TBI). Common injuries suffered by Myrtle Beach slip and fall accident victims include, but are not limited to:
It is important to keep in mind that the insurance company will likely try and minimize the extent and nature of your injuries. The knowledgeable slip and fall injury lawyers at the Hughey Law Firm can fight insurance company disputes about liability and damages on your behalf.
In cases where a slip and fall accident occurs in a business establishment, the establishment owner or manager may be liable for negligence. Because business customers to a store, restaurant, or hotel are invitees who are there to financially support the business owner, they are owed a high duty of care. Specifically, property owners and managers owe a duty to warn business patrons of defects which are known and which are hidden on the premises. In the alternative, the owner or manager must repair or replace the defective condition. Premises owners also have a duty to inspect the premises of any latent, hidden defects.
In order for a property owner or manager to be held responsible for a slip and fall accident, the accident victim must be able to show that the property owner had knowledge of the defect and that he or she had ample time to warn about or correct the defect. For example, if the accident victim can prove that a spill was present on a restaurant floor for three hours prior to the slip and fall accident, then it is likely that the restaurant will be held liable for the accident victim’s injuries and damages.
If the property where the slip and fall accident occurs is owned by a governmental entity, such as the city of Myrtle Beach, that entity could also be deemed negligent under the circumstances. In the case of governmental entities and agencies, it is often necessary to put them on notice prior to filing any lawsuit with the court.
The experienced slip and fall injury lawyers at the Hughey Law Firm can make sure that a claim or lawsuit is timely filed against all parties who could potentially be responsible for the accident.
When it comes to Myrtle Beach slip and fall accidents, South Carolina follows a modified comparative negligence principle. Often, insurance companies will try and show that an accident victim was fully or partially responsible for a slip and fall accident. The insurance company may allege that the accident victim was not watching where he or she was going—or that the accident victim simply misstepped.
In South Carolina, an accident victim who is deemed partially at fault for a slip and fall accident may still be able to recover damages. Specifically, the accident victim must be deemed less than 50 percent at fault for the accident. In that case, the accident victim’s damages are offset by the percentage of fault. For example, if a jury finds that the slip and fall accident victim was 10 percent at fault for the accident, and the defendant restaurant was 90 percent at fault, then the accident victim can still recover 90 percent of the available damages. If the accident victim is more than 50 percent at fault for the accident, however, then he or she cannot recover any damages.
A skilled attorney can work to limit your liability while maximizing the defendant’s.
Myrtle Beach slip and fall accidents can cause debilitating injuries and damages. The slip and fall personal injury lawyers at the Hughey Law Firm understand that your top priority following a slip and fall accident is getting better. Our lawyers can tend to the legal aspects of your case while you recuperate from your injuries.
To schedule a free consultation and case evaluation with a slip and fall accident lawyer servicing Myrtle Beach, please call us today at (843) 881-8644, or contact us online.
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