Slip and fall accidents are very common and often more dangerous than people realize. Serious injuries to your head, back, and extremities are possible, and you might be unable to work or pay medical bills. You may sue the owner of the property where your accident occurred, but your time is limited.
Slip and fall accidents tend to fall under the legal umbrella of personal injury claims, and such claims must be filed no later than 3 years after the initial accident. While this sounds like a long time, it is best to start soon, as preparations might take months or longer. Sometimes, the limitation period may be tolled, and the filing deadline is pushed back, but this may be done only under very specific conditions. You should also check with your lawyer about the defendant’s liability, as some landowners might not owe a duty of care to people on their property.
Get a free, private review of your case by calling (803) 451-4000 and speaking to our Columbia, SC slip and fall lawyers at Burriss Ridgeway Injury Lawyers.
When You Must File a Slip and Fall Claim in South Carolina
People file lawsuits all the time, but rarely do people talk about how long they wait between being injured and filing a claim in court. Contrary to what TV and movies might lead us to believe, there is a time limit, and you do not want to wait too long to file a lawsuit for a slip and fall accident.
In South Carolina, the statute of limitations for personal injury claims, which usually includes slip and fall accidents, is under S.C. Code Ann. § 15-3-530(5). This law imposes a strict 3-year time limit. The limitation period begins on the date of your injury, meaning you have 3 years from the day you fell to sue the property owner. While taking some time to get medical treatment and recover is perfectly reasonable, you should avoid waiting too long.
The longer you wait, the harder it might be to try your case in court. The evidence our South Carolina slip and fall lawyers need to prove how the defendant is responsible for the accident might disappear. Witnesses could move away, and your memories of the accident might start to fade.
What Happens if I Do Not File a Slip and Fall Claim On Time in South Carolina?
Perhaps you did not realize there was a time limit for filing your lawsuit and missed the window to submit a claim. These things happen, and your attorney can help you explore the possibility of having the statute of limitations tolled. Tolling allows the court to push back the deadline or pause the clock on your limitations period, but only for specific reasons. If you can have the statute tolled, you might buy yourself extra time to file your slip and fall case.
According to S.C. Code Ann. § 15-3-40, we may have the statute of limitations tolled if you were a minor when the accident happened or under a disability that inhibited you from understanding the accident or your legal rights. In such cases, the statute is tolled until these conditions are removed. If you were a minor when you fell, the 3-year limit would not begin counting down until you turn 18. If you have a disability, the clock does not start ticking until the disability is removed.
However, there are limits to how far tolling can be pushed. The period within which the lawsuit must be filed cannot exceed 5 years in cases of disabilities. This means that if a disability that hinders you from understanding your rights and filing a claim cannot be removed in 5 years, someone else needs to file the case on your behalf.
How Disabilities Affect Your Time to File a Slip and Fall Claim in South Carolina
There is one significant catch when it comes to tolling for things like disabilities. Disabilities must exist before you are injured, under S.C. Code Ann. § 15-3-50. For example, if you had a preexisting mental condition that prevented you from understanding the accident, your injuries, or your rights when the accident happened, tolling might be possible. If such a condition developed after you were injured, you likely cannot have the limitation period tolled, at least not for the disability.
When two or more disabilities are present, both must be removed before the statute of limitations kicks in, according to § 15-3-60. For example, if the plaintiff in a slip and fall case were both a minor and mentally disabled when the accident happened, the limitations period would not begin until the plaintiff turns 18 and their disability is lifted.
Liability of Landowners in South Carolina Slip and Fall Cases
In slip and fall cases, land and property owners are typically responsible. They often owe a duty of care and safety to guests on their property. This means they must remove or repair any known hazardous conditions and make reasonable inspections for others. However, this duty does not always apply, and you should talk to your lawyer about what kind of duty was owed to you.
Under S.C. Code Ann. § 27-3-30, landowners usually do not owe a duty of care to people who have sought and obtained permission to use the land for a “recreational purpose” unless the landowner charges a fee. Recreational purpose is defined under § 27-3-20(d) to include many outdoor activities such as hunting, fishing, swimming, camping, water sports, picnicking, and more.
If you slipped and fell on someone’s land while enjoying recreational activities after obtaining permission to use the land, the landowner might not be liable. In such a case, it does not matter how long you have to sue, as you would have no standing to sue. It is best to figure this out sooner rather than later.
However, according to § 27-3-60, landowners cannot shield themselves from liability for gross negligence. Gross negligence may involve actions or omissions that are willfully malicious or so dangerously reckless that the defendant’s failure to warn is downright shocking. Talk to your lawyer about where and how you fell and became injured. If gross negligence is involved, the clock is already ticking.
Contact Our South Carolina Slip and Fall Attorneys for Support Now
Get a free, private review of your case by calling (803) 451-4000 and speaking to our Lexington, SC slip and fall lawyers at Burriss Ridgeway Injury Lawyers.
