For many South Carolinians, summer means heading to our world-class resorts in Hilton Head, Myrtle Beach, or the Lowcountry to unwind. However, a relaxing getaway can turn into a painful ordeal in a matter of seconds. Slip and fall accidents are among the most common injuries at vacation destinations, often leaving residents with unexpected medical bills and lingering pain.
Understanding your rights under South Carolina premises liability law is the first step toward recovery.
Common Hazards at South Carolina Resorts
Resorts are bustling environments with high foot traffic, which naturally increases the risk of accidents. In our experience serving the community, we often see injuries caused by:
- Poolside Perils: Slick tiles without proper non-slip surfacing or standing water in high-traffic walkways.
- Poor Lighting: Dimly lit stairwells or parking lots that hide tripping hazards.
- Inadequate Maintenance: Loose floorboards on boardwalks, frayed carpeting in lobbies, or uneven pavement on resort paths.
- Hidden Spills: Unmarked wet floors in dining areas or lobbies where staff failed to place a warning sign.
The Responsibility of the Property Owner
In South Carolina, resort owners have a "duty of care". This means they need to keep their premises reasonably safe for guests and visitors. To have a valid claim, you generally must prove that a dangerous condition existed, the owner knew (or should have known) about it, and they failed to fix it or warn you.
It is also important to note that South Carolina follows a modified comparative negligence rule. With this rule, you can still recover compensation even if you were partially at fault, provided your responsibility for the accident is not greater than 50%.
Immediate Steps to Take After a Fall
If you are injured at a resort, the actions you take in the moments following the accident are significant. This is due to the fact that they can impact your ability to seek justice later:
- Report the Incident: Notify resort management immediately and ask for a written copy of the incident report. This is crucial.
- Document the Scene: Make sure to take photos or videos of the hazard that caused your fall (e.g., the puddle, the broken step, or the lack of lighting) before it is cleaned or repaired.
- Gather Witness Info: If anyone saw you fall, collect their names and contact information.
- Seek Medical Attention: Some injuries, like concussions or soft tissue damage, don’t show symptoms immediately. A medical record creates a vital link between the accident and your injury.
- Preserve Evidence: If you can, keep the shoes and clothing you were wearing at the time of the fall.
Protecting Your Future
The recovery process can be overwhelming, especially when dealing with large resort corporations and their insurance adjusters. You don’t have to navigate this alone. At Bauer & Metro, P.C., we treat our clients like neighbors because they are. We understand the local court systems and have spent decades fighting for the rights of the injured in the Lowcountry. Let us handle the legal complexities so you can focus on getting back on your feet.
If a summer mishap has left you sidelined, reach out to Bauer & Metro, P.C. at (843) 920-2844 for a free consultation.