A fun enjoyable day shopping at the store can quickly become a customer’s worst nightmare if the store or business is not committed to customer safety and prevention of easily foreseeable hazard-causing accidents. This post offers a general guide to people who have been injured in a store or business in South Carolina. Because we practice law in the state of South Carolina, we will focus in this guide on South Carolina law and how it relates if you are injured on business property occurring in the state of South Carolina.
Safety Responsibility
Businesses owe their customers a duty to keep the business premises safe. This includes conditions free from any known defects and hazards so as to avoid injuries occurring to customers. Moreover, if a business employee becomes aware of an unsafe condition on the business premises, the employee should act immediately to remove the hazard and to warn customers about any hazards. Sometimes, a ramp or step may have been improperly constructed and causes a hazard. Moreover, improper or unsafe lighting may constitute a hazard as well. Additionally, the law requires these duties of businesses because it is the business, not the customer, who is in a better position to know whether the premises are safe. Businesses should conduct regular inspections of their premises.
A business should have employees on site during hours of operation and it is those employees who should keep a careful, vigilant watch over the business premises. Finally, if a store employee creates an unsafe condition that later causes injury to a customer, the store is likely to be held liable for the personal injuries the customer has sustained.
Unfortunately, big stores, businesses, and large retailers frequently do not provide a safe shopping experience for its customers. Frequent scenarios involving personal injuries to customers involve the following: injuries after slipping on a wet floor; customer falls caused by a substance on the floor; inadvertent tripping over misplaced, or non-visible merchandise; or falling merchandise from improperly-erected product displays. We have also seen cases involving bunched-up floor mats causing customer falls. We have seen cases involving poorly constructed steps, poorly constructed landing platforms at the bottom of a step or premises exit causing serious personal injury for customers.
Injured on Business Property
So, what should you do to protect your rights after you or a family member has become injured while on the premises of a business? Hopefully, you will never experience a fall in a business. But, if you or a family member fall, you should first, relax and do not try to move or get up, take it easy, and call for help. Your safety and medical condition is the number one priority. If you feel that you are badly injured, seek medical help and call 911 for an ambulance. Even if you feel you are o.k. and are able to move, you should still wait on EMS or medical help before deciding whether you can get up off the floor.
You should also immediately notify management or a store employee-if you are able. If not, have a family member, friend, or another customer notify a store employee. Document, if you can, the condition that caused you to fall. If you have a cell phone camera, take a few pictures of the area in which you fell. But remember, you number one priority should be your health. If you are unable to move or get up, do not do so. Wait for medical help before trying to move.
What Should You Do First?
Once you feel like you are alright, look around and try to determine what caused you to fall. Was there liquid on the floor that caused you to slip? What type of liquid was on the floor? After you fell, did you notice that your clothing was wet from water or liquid on the floor? Was there an uneven floor or defect in the flooring that caused you to fall? Perhaps it was not a liquid, but an improperly stored item. These are important things to note.
Therefore, make sure that you inform the store manager or store employee so that an accident report may be written. Once you notify the store-either an employee who should then notify the store manager-or the store manager, the store manager should write an accident report or at least document the fall, the date, time, location, of the fall and your name and contact information.
Personal Injuries That May Occur
Getting medical treatment for your injuries is paramount. Seek out treatment. EMS will evaluate and transport you to the emergency room. Depending on the nature and severity of your injuries, you may require hospitalization, diagnostic testing, such as MRI or CT scan and other medical procedures and treatments. You may have to have a surgery. You may have to follow up with your personal doctor and receive a referral for physical therapy from your family doctor. AS you have always heard, it is very important for you to finish all of your medical treatments in order to reach maximum medical improvement.
Here are some common personal injuries we see in fall cases: head injury, traumatic brain injury, fractures to the wrist, ankle, arm, and/or leg; back injuries and spinal injuries.
Soon after you are injured on business property, and you feel up to it, you should contact the office of a personal injury attorney to seek out legal representation. You do not know how your injuries or healing processes may progress. Permanent injuries or other very serious life altering injuries may need an attorney to seek compensation. You can only receive one settlement. And if you settle early for a small amount you may not receive the real money settlement that you will need for the rest of your life.
Generally speaking, it is not wise to speak with representatives from an insurance company or claims management company before you have retained legal counsel. You should seek out legal counsel for representation. As part of that representation, your lawyer will advise you concerning giving a statement, and all of the other issues you are likely to face in your case.
Contact a Premises Liability Lawyer
The Thomas Creech Law Offices handles cases of premises liability including slip and fall, swimming pool injuries as well as injuries on business property. If you have been injured on a premise or business, call our office today at 864-235-4999 or complete this simple online form to set up a free case consultation.