Injured at a Mt. Pleasant Restaurant or Store: Who Is Liable?
Key Takeaways
- Restaurants and stores must use reasonable care to keep customers safe.
- Liability often depends on whether the business created the hazard or knew (or should have known) about it.
- Evidence can disappear quickly after an incident.
- Our Mt. Pleasant personal injury lawyers can help investigate and protect your claim.
Why Should You Hire a Mt. Pleasant Premises Liability Lawyer?
The Mt. Pleasant slip and fall lawyers at Rogers, Patrick, Westbrook & Brickman LLC help injured customers understand who may be responsible after an accident at a restaurant, grocery store, hotel, shopping center, bar, café, or retail property.
A routine visit to Shem Creek, Towne Centre, Coleman Boulevard, Long Point Road, Ben Sawyer Boulevard, or Highway 17 can quickly turn serious when a dangerous property condition leads to injury.
Why Contact Rogers, Patrick, Westbrook & Brickman LLC?
Our South Carolina personal injury lawyers take a hands-on, early-investigation approach to premises liability cases involving restaurants, stores, and other commercial properties. We do not simply review what is provided by the insurance company; we work to independently develop the facts of the case from the outset.
That often includes identifying all potentially responsible parties, which may extend beyond the business itself to include property owners, management companies, maintenance contractors, cleaning services, or third-party vendors. We then evaluate how South Carolina’s premises liability law applies to each.
Early action is critical in these cases. Our team may immediately send preservation letters to secure surveillance footage, maintenance logs, and incident reports before they are altered or discarded. We also work to identify and contact witnesses, inspect the scene when possible, and obtain medical documentation that clearly connects the injury to the hazardous condition.
Who Can Be Liable for an Injury at a Restaurant or Store?
Liability may fall on a property owner, tenant, restaurant operator, store manager, maintenance company, cleaning contractor, security company, or another responsible party, depending on the circumstances.
For example, a grocery store may be liable if it fails to clean up a spill in a reasonable amount of time, while a property owner may be responsible for dangerous conditions in shared parking lots or common areas.
In South Carolina, an injured customer generally must show that the business either created the dangerous condition or had actual or constructive notice of it and failed to correct it. Constructive notice means the hazard existed long enough that the business should have discovered and addressed it.
What Should You Do After a Fall or Injury?
If you are able, report the incident to a manager and request that an incident report be completed. Seek medical attention right away, even if your injuries seem minor at first.
Take photos of the hazard, your surroundings, warning signs (or lack of signs), your footwear, and any visible injuries. Collect names and contact information for witnesses and keep copies of any receipts or documentation.
It is also best to avoid giving detailed statements to insurance adjusters before speaking with a lawyer, as early statements may be used to dispute liability or shift blame.
How South Carolina Comparative Negligence May Affect Your Claim
South Carolina follows a modified comparative negligence rule. This means your compensation may be reduced if you are found partially responsible for the accident. If you are more than 50% at fault, you may be barred from recovery.
Evidence such as surveillance video, maintenance logs, inspection records, witness statements, and medical documentation can play an important role in showing whether the business acted reasonably.
FAQ About Mt. Pleasant Premises Liability Claims
Is a business automatically liable if I fall?
No. You must generally show that the business created the hazard or knew (or should have known) about it and failed to fix it.
What if there were no warning signs?
The absence of warning signs may help your claim, but liability still depends on the condition itself, how long it existed, and what the business knew or should have known.
How long do I have to file a claim after a fall in South Carolina?
In most cases, South Carolina’s statute of limitations for personal injury claims is three years from the date of the accident. Certain exceptions may apply depending on the facts of the case, so it is best to consult an attorney as soon as possible.
Can I still bring a claim if I was partially at fault for my fall?
Yes. South Carolina follows a modified comparative negligence rule. You may still recover compensation if you are less than 51% responsible, but your recovery may be reduced based on your percentage of fault.
Mt. Pleasant Personal Injury Lawyers at Rogers, Patrick, Westbrook & Brickman LLC Are Ready to Review Your Case
Our Mt. Pleasant personal injury lawyers at Rogers, Patrick, Westbrook & Brickman LLC can help injured customers understand their options after a restaurant, store, hotel, or shopping center injury. Call us at 843-727-6500 or complete the online form to schedule a free case evaluation. We have offices in Charleston, Mt. Pleasant, Aiken, and Columbia, South Carolina, and we serve clients throughout the state.
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