You must prove that someone was negligent, and the negligence caused the fall, which caused an injury. With a fall at a business, you normally must prove that a dangerous condition existed, that the dangerous condition was either created by the owner/operator of the facility, or that the owner/operator was aware of the condition and did nothing to make it safe (remove the condition or warn the public about the condition). If a condition is open and obvious, it is usually not considered a dangerous condition. However, even if it is open and obvious, if it could reasonably be expected that people would get hurt despite it being open and obvious, there still might be a viable case. You can recover from a "slip and fall" case if it is aggressively defended.


Answer Applies to: South Carolina
Replied: 10/26/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.