What to Do After a Slip and Fall Accident at a Shopping Mall

A shopping trip to the Five Forks area or the shops near the intersection of Main Street and West Georgia Road in Simpsonville is usually a pleasant experience. We browse, we find what we need, and we head home. But what happens when that routine day is interrupted by a sudden, painful slip and fall accident? One moment you are walking, and the next you are on the floor, disoriented and in pain.

The aftermath of a fall in a public place, like a Simpsonville shopping mall, can be confusing. You might feel embarrassed, shaken, or even pressured by store employees. Knowing the proper steps to take immediately after a fall is critical. Your actions can significantly impact your health and any potential legal claim you might have.

The Immediate Aftermath: Steps to Take on Site

Your priority should always be your health. If you are in severe pain or cannot move, do not try to get up. Wait for medical help to arrive. Take a moment to assess the situation before you move too much.

Next, you need to document the scene. Use your smartphone to take pictures of the exact location where you fell. Take photos of the hazard, whether a spilled drink, a wet floor without a warning sign, or uneven flooring. Also, photograph the surrounding area, including any signs or lack thereof.

You should also look for witnesses. People who saw the fall can provide important statements later on. Ask for their names and contact information, such as a phone number and email address. Their independent account of what happened can be invaluable.

Notifying the Store and Seeking Medical Attention

Report the accident to store management or mall security, creating an official record. Be cautious: Don’t apologize or say “I’m okay,” as your injuries might not be fully apparent. Simply state that you fell and need an incident report.

After reporting, seek medical attention. Even if you feel fine, a doctor can diagnose internal or delayed injuries. In South Carolina, medical records link injuries to the fall, and delaying care can hinder proving negligence.

Understanding South Carolina Premises Liability Law

South Carolina’s premises liability law requires property owners to keep their premises reasonably safe. Businesses have a duty of care to protect people from known or foreseeable hazards. To win a slip-and-fall claim, we must prove the owner or employee was negligent.

Negligence means the store or mall owner failed to act with reasonable care. We must show:

• A dangerous condition existed on the premises.
• The owner knew or should have known about it.
• They failed to fix it or warn visitors.
• This failure directly caused your injury.

For example, an unaddressed spill on the floor for hours, without a wet floor sign, could demonstrate negligence if it caused a slip and fall.

The Role of “Comparative Negligence” in South Carolina

South Carolina follows a modified comparative negligence rule, as outlined in S.C. Code Ann. § 15-38-15. Your compensation can be reduced if you are partially at fault for the accident. For example, if the jury finds you were 20% responsible for the fall because you were distracted by your phone, your total award would be reduced by 20%.

Our law also states that if you are found to be more than 50% at fault for your injuries, you cannot recover any compensation. This is why collecting evidence and presenting a strong case showing the fault lies with the property owner is essential. This rule underscores the need for thorough documentation and a clear understanding of the law.

Why You Need Legal Help After a Fall

After a slip and fall, store insurers may quickly offer a low settlement or try to blame you. We handle all insurance communications. We understand South Carolina’s premises liability laws, gathering evidence like security footage, interviewing witnesses, and negotiating with adjusters to prove your injuries and the property owner’s fault. You don’t have to fight this battle alone.

Potential Damages in a Slip and Fall Case

You may be entitled to recover damages if we prove the property owner was negligent. These damages are meant to help you financially after the accident. In South Carolina, potential damages can include:

• Medical Expenses: This includes all costs related to your injury, from the ambulance ride and emergency room visit to physical therapy and future medical care.
• Lost Wages: If your injuries prevent you from working, you can seek compensation for the income you have lost and will lose.
• Pain and Suffering: This damage covers the physical pain and emotional distress caused by your injury.

We can help you calculate and pursue all the damages you are owed, so you do not have to worry about these financial burdens while you recover.

We Are Here to Help

A slip and fall accident can be a traumatic experience, but you do not have to face it alone. The Law Office of Rhett Burney is a Simpsonville law firm dedicated to helping individuals injured due to someone else’s negligence. We have a history of successfully representing clients in various personal injury cases, including slip and fall accidents, and we are committed to providing the personalized care you deserve.

We can discuss your case if you or a loved one has suffered an injury after a slip and fall at a shopping mall in or around Simpsonville. We can offer a free consultation to evaluate the details of your accident and explain your legal options. Contact us today at 864-689-4482 to learn how we can help.