{"id":19559,"date":"2022-10-21T06:07:32","date_gmt":"2022-10-21T10:07:32","guid":{"rendered":"https:\/\/www.sinklaw.com\/?page_id=19559"},"modified":"2024-01-18T11:01:53","modified_gmt":"2024-01-18T16:01:53","slug":"can-my-conduct-affect-damages-in-slip-and-fall-case-sc","status":"publish","type":"page","link":"https:\/\/www.sinklaw.com\/faqs\/can-my-conduct-affect-damages-in-slip-and-fall-case-sc\/","title":{"rendered":"Can My Conduct Prevent Me From Collecting Damages From My Slip and Fall Case in South Carolina?"},"content":{"rendered":"

A slip and fall can happen anywhere. Sometimes, even the most careful individual can become a victim. Slip and fall accidents are common, but not all accident victims collect damages. In unique cases, one\u2019s conduct prevents them from collecting damages from their slip and fall cases.<\/span><\/p>\n

Property owners exercise a duty to maintain an environment that protects people. A residential building might place signs to warn residents and visitors of slippery floors. In such scenarios, the injury victim might have trouble proving negligence.<\/span><\/p>\n

To narrow down the specific issues that might affect a solid case, courts, attorneys, and insurers consider the following circumstances:<\/span><\/p>\n

Reasons for Being on the Property<\/h2>\n

If you visit a business location or residential project, you must have a legitimate reason for being on the property. However, if you are trespassing, making a case for a slip and fall might be tough.<\/span><\/p>\n

If an accident occurred as you trespassed on private property, you could be at fault for your accident. The private property owner can argue that they did not know you were there and thus not responsible for your injuries.<\/span><\/p>\n

Proving negligence when you don\u2019t have legitimate reasons for being on certain property.<\/span><\/p>\n

Your Situation When You Slipped and Fell<\/h2>\n

In some cases, you could have legitimate reasons for being on the property, but your situation might place you at higher risks of injury. One example is intoxication, which causes incoordination and imbalance. While a careful individual might conduct themselves safely in similar conditions, an intoxicated person could be responsible for their injuries.<\/span><\/p>\n

If a guest arrives at a private property drunk and falls, the owner might not be at fault. A comparative negligence doctrine could protect the property owner from offering recovery to such a party.<\/span><\/p>\n

Ignorance to Danger or Hazard Signs<\/h2>\n

In some cases, a property owner can place hazard signs to warn guests of conditions leading to slip and fall accidents. Some examples include recently cleaned floors, spills, and weather-induced slippery areas. When the property owner makes an effort to warn guests against these risks, they might not be held responsible for falls.<\/span><\/p>\n

That might prevent you from collecting damages if you fail to notice this hazard signage before <\/span>falling in a store<\/span><\/a> (despite their placement in clear and appropriate locations).<\/span> For example, a person entering a building while distracted on their phone and failing to notice a \u201cslippery floor\u201d warning would make the injured party responsible.<\/span><\/p>\n

Risky Behavior<\/h3>\n

Another aspect that affects the validity of your claims is acting in ways that may be considered risky. This includes wearing inappropriate shoes or running in a building. If you wear high heels and walk on uneven ground, you have a higher chance of falling.\u00a0<\/span><\/p>\n

Proving that the property owner\u2019s liability requires a deep understanding of the legalities involved. Our team can help you determine where you stand with a free consultation.<\/span><\/p>\n

Types of Damages You Can Collect After a Slip and Fall Accident<\/h2>\n

If you successfully prove the actions of a negligent property owner are responsible for your accident, you could be eligible for compensation. The major types of damages you could seek and receive include:<\/span><\/p>\n