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Columbia Personal Injury Attorney > Blog > Personal Injury > Outlining A Fall Injury Claim In South Carolina

Outlining A Fall Injury Claim In South Carolina


Falls are the leading cause of ER admissions in the United States. Every year, emergency responders rush over three million fall victims to hospital emergency rooms. These victims usually sustain broken bones, head injuries and other serious wounds that are often permanent or fatal. Typically, health insurance plans do not cover injury-related expenses. With hospitalization costs exceeding $3,000 a day in most areas, these victims could be left holding a very large financial bag.

A Columbia personal injury attorney obtains the compensation these victims need and deserve in court. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. As in many areas of life, a successful negligence case usually means planning your work and working your plan.

Duty of Care

The Palmetto State, like most other jurisdictions, uses a victim classification system to determine the duty of care in a fall or other premises liability matter. These categories are:

  • Invitee: Most commercial and social guests are invitees. This designation applies if the victim had the owner’s permission to visit the premises, and that visit benefited the owner, financially or non-financially. Owners have a duty of reasonable care to ensure their premises are reasonably safe. Posting a “Caution Wet Floor” or other warning sign buys these owners some time, but does not fulfill their duty of care in the eyes of the law.
  • Licensee: A sign might be sufficient if the victim was a licensee. However, this label only applies if the victim had permission to visit, but that visit didn’t benefit the owner in any way. A person like a guest of a hotel guest or a child who cuts across a parking lot on the way to school is a licensee.
  • Trespasser: This term simply means someone who has no permission to be on the property and whose presence doesn’t benefit the owner. Some obscure legal doctrines, like the frequent trespasser rule and the attractive nuisance rule, give some additional protection to some trespassers, like children, in some cases.

A duty of care is the foundation of an ordinary negligence claim in South Carolina. This duty is basically the legal version of the story of the Good Samaritan. Just like this man went out of his way to help an injured traveler, owners must go out of their way to make guests safe, if those guests are invitees.

Knowledge of Hazard

A Columbia personal injury attorney can only obtain compensation for fall injury victims if the owners knew, or should have known, about the hazard which caused injury.

Smoking guns, like an employee’s email reporting a fall hazard or a “cleanup on aisle three” announcement, are direct evidence of actual knowledge. Such evidence is very compelling in court, but it’s usually not available until late in the process. Therefore, if a case settles too soon, there’s a good chance that the victim is settling for less.

Circumstantial evidence of constructive knowledge (should have known) is admissible as well. Courts typically use the time-notice rule to evaluate the strength of this evidence.

If Tina slipped and fell on a smooth and yellow banana peel, it probably just fell on the floor, so the owner probably didn’t know about it. If Tina slipped on a gritty and black banana peel, it had probably been on the floor for some time, and the owner should have known about it.

Reach Out to a Tenacious Richland County Lawyer

Injury victims are entitled to significant compensation. For a free consultation with an experienced personal injury lawyer in Columbia, contact the Marc Brown Law Firm. Virtual, home, and hospital visits are available.


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Marc Brown

Marc Brown Law Firm

Meet Attorney Marc Brown

Marc Brown is an experienced personal injury and civil rights attorney serving clients throughout South Carolina and Georgia. Marc is motivated by the challenge of helping his clients solve their complex legal issues, and most importantly, he obtains favorable results. He is a caring and conscientious attorney who brings the experience and resources of a larger firm to his smaller, more personalized practices in Sumter and Columbia, SC.

A Personable & Dedicated South Carolina Attorney

As someone who has always had a keen sense of right and wrong and a desire to achieve excellence and fairness in all things, pursuing law was a natural career choice. After graduating with honors from the prestigious Emory University School of Law, Marc went on to become a dedicated litigator who focuses on personal injury, workers’ compensation, and criminal defense cases.

Why Choose Us?

Choosing an attorney is a very important decision, but it can be difficult. When you choose the Marc Brown Law Firm, we do everything we can to keep you informed, put your needs first, and to make sure justice is served. Here are just a few reasons to choose us:

The Right Experience

Attorney Marc Brown has experience that matters. Prior to opening this law firm, Marc spent nearly a half a decade defending big insurance companies and large corporations in personal injury and commercial litigation matters across the United States. Marc knows exactly how insurance companies and corporations evaluate claims and what they look at when deciding to increase the amount they are willing to pay. He thinks outside the box to find additional or hidden opportunities for favorable results.

We’ll Come To You

After being injured in a serious accident, you need to focus on getting better. Serious accidents can be hard on an individual, physically and emotionally. The Marc Brown Law Firm is dedicated to fight for you while you recover. If you are unable to travel to our office for any reason, we will personally visit you! Just give us a call to talk whenever you may be in need of assistance. We’re here to help.

Clients First

At the Marc Brown Law Firm, we choose to put our clients first. Our clients are more than just a case number. We think of each of our clients as extended members of the family. We make sure to inform our clients of all their legal options and provide timely updates throughout the life their case.

24/7 Availability

We are available around the clock for our clients. If at any point we are unavailable, we promise to promptly respond to all messages within hours.


We work hard so that our clients receive the justice they deserve! When necessary, Attorney Marc Brown retains investigators, engineers, and other experts to help prove your case. Insurance companies are big, but Marc is experienced and resourceful. We fight for each of our clients so that you can receive the maximum compensation available to you.

No Fees Unless We Win

We work on a contingency fee basis, which means there are no upfront cost to clients. You only pay lawyer fees when we win your case. This also means that your attorney is only paid a percentage of what is recovered for you. The Marc Brown Law Firm has a vested interest in ensuring that each of our clients receive the maximum recovery available to them. We are determined to fight tirelessly to recover for you.

Marc Brown and The National Trial Lawyers Top 40 Under 40 award