Can I Sue for a Slip and Fall at a Resort?
South Carolina is home to award-winning oceanfront resorts, attracting families and even young couples looking for a special getaway. Although the resort may offer various amenities as well as breathtaking views, a property defect can bring a crashing halt to an otherwise magical vacation. No matter the cause of your slip and fall, when it is due to a property owner’s or manager’s negligence, you deserve maximum compensation for your injuries.
At Kinon Law Firm, our legal team provides aggressive representation for injury victims, seeking the necessary evidence to prove your case. Of course, knowing what it means to pursue recovery can be challenging, making it essential that you speak with one of our South Carolina slip and fall attorneys.
Causes of Slips and Falls at a Resort
Common causes of a slip and fall at a hotel or resort include:
- Slippery or sticky floors or pool decks
- Loose handrails on stairs
- Loose grab bars in the shower
- Defective elevators or escalators
- Malfunctioning gym equipment
- Broken balcony railing
- Loose or bulging carpeting
- Poor lighting
Proving Negligence for a Slip and Fall at a Resort
Under South Carolina premises liability law, resort guests are owed the highest duty of care. The resort manager or owner is responsible for keeping guest rooms, hallways, lobbies, pools, and other amenities free of hazards. Routine inspections should be made of the premises, and any defects should be remedied immediately. A resort that fails to address property defects or warn you of hidden dangers is not maintaining the duty of care that is legally required of it.
However, a resort manager or owner will not be held legally accountable unless your injuries result in measurable losses. Losses, or damages, may be physical, financial, or emotional in nature. Personal injury suits are designed to make an injured party “whole,” but that cannot be accomplished unless you have actually lost something of value.
How Long Do I Have to File a Slip and Fall Claim in South Carolina?
Under SC Code § 15-3-530, you only have three years following a slip and fall injury to file a legal claim. The statute of limitations intends to preserve evidence. Over time, a witness’s memory will fade, and physical evidence can deteriorate. Nevertheless, there are limited exceptions that may permit the injured party to file a suit after the three years have passed. If you did experience a slip and fall at a resort but believe the statute of limitations has run out, you should speak with a South Carolina slip and fall attorney at your earliest opportunity.
Potential Damages in a South Carolina Slip and Fall Suit
In a slip and fall suit, damages are generally classified as either economic or non-economic. Economic damages are out-of-pocket costs related to your injury, including any of the following:
- Ambulance ride costs
- Emergency room costs
- Medical imaging and laboratory testing
- Surgeries and procedures
- Prescription costs
- Rehabilitative therapies
- Home modifications
Conversely, noneconomic damages are intangible losses that impact your quality of life but do not take money away from you. In a slip and fall lawsuit, these may include:
- Pain and suffering
- Negligent infliction of emotional distress
- Humiliation
- Damage to reputation
- Post-traumatic stress disorder (PTSD)
- Loss of consortium
- Permanent disability
Discerning what damages you are eligible for and calculating total damages is complex. Many people downplay non-economic damages since no dollar value is attached. Even so, physical pain can cause damaged relationships with loved ones, friends, and colleagues. These severed relationships can have a significant toll on your emotional health. If you are unsure of which damages apply to you, our legal team is more than happy to assist you.
Injured? Reach Out to Our South Carolina Slip and Fall Attorneys
Slip and fall injuries can be serious, preventing you from working and filling your schedule with doctor’s visits, physical therapy appointments, and surgeries. If you or a family member has been injured at a resort in The Palmetto State, Kinon Law Firm is here to provide legal guidance during a confusing time.
Our South Carolina slip and fall lawyers are committed to working with you throughout the entire claims process. Our legal team will collect the documentation and evidence you need to recover maximum damages. Recovering losses can help you and your family stay financially afloat, allowing you to focus on your physical recovery.
If you are interested in learning what legal remedies are available to you, contact us online or by phone at (843) 488-9191 to schedule a free case assessment.
Categories
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