Sidewalks are designed to provide safe pathways for pedestrians, especially in busy tourist areas such as Myrtle Beach’s Ocean Blvd. However, unfortunately, accidents can still occur, leading to serious injuries and legal complications. Understanding sidewalk injury cases and how the personal injury laws in South Carolina related to sidewalk injuries work, particularly in popular destinations like Myrtle Beach, is important for visitors and residents.
If you have been injured in a fall because of a broken or cracked sidewalk in Myrtle Beach, contact the team at The Lovely Law Firm Personal Injury Lawyers online or call us at (843) 839-4111 for a free consultation. It is important to speak with a knowledgeable Myrtle Beach sidewalk accident lawyer who has experience negotiating these types of cases to make sure you receive a fair settlement. Our team is highly experienced in managing trip and fall injury cases related to broken sidewalks and is well-equipped to provide the guidance and representation you need.
What Are The Sidewalk Injury Laws in South Carolina?
In South Carolina, property owners have a legal obligation to make sure they provide safe conditions on their premises; this includes sidewalks and any other pathways adjacent to their properties. If you are injured because of a sidewalk that has not been maintained properly, the property owner is legally liable to pay damages for your accident. Determining liability in a sidewalk injury case can be tricky, however, as there can be a variety of factors that impact who is responsible for the sidewalk’s maintenance, including the location of the sidewalk, the type of property it abuts, and the circumstances of the accident. Some of the things that must be considered include:
1. Premises Liability Laws – Sidewalk injury cases will typically fall under premises liability law, which holds property owners accountable for maintaining safe conditions on their premises. Property owners are expected to regularly inspect sidewalks for hazards such as cracks, uneven surfaces, debris, or other dangers that could pose a risk to pedestrians, to clearly communicate any defects that could cause injury through usage of proper signage, and to make any necessary repairs as soon as possible.
2. Government Immunity – One thing that can impact liability is if the sidewalk is owned and maintained by the local government, as many are. In South Carolina, governmental entities may be protected by sovereign immunity, which can limit their liability for certain types of sidewalk injury claims. However, there are exceptions to sovereign immunity, especially in cases where it is clear that there has been some kind of negligence or that the sidewalk poses dangerous conditions for pedestrians that the government knew about but failed to address.
3. Comparative Negligence – The state of South Carolina follows a modified comparative negligence rule, this means that if the injured individual is found to be partially at fault for their injuries, then their compensation may be reduced proportionally. For example, if a person is walking on their way to Apache Pier, but they are texting at the same time and fail to notice a broken bit of sidewalk, their compensation could be reduced based on their percentage of fault.
What Causes Sidewalk Injury Accidents?
Sidewalk injuries in Myrtle Beach can occur due to various factors, including poor maintenance, inadequate lighting, and crowded conditions during peak tourist seasons. It can be difficult to notice a sidewalk that has fallen into disrepair and now poses a tripping hazard. There could be several reasons why the sidewalk is no longer safe, including:
- The sidewalk concrete has settled, creating an uneven surface
- The sidewalk has cracked or warped due to shifting weather conditions
- Road construction has damaged the sidewalk
- Leaves, mud, and other debris have not been adequately removed
- Tree roots have lifted the sidewalk concrete, causing it to shift and become uneven
- The concrete is old and has disintegrated
Myrtle Beach sees over 19 million visitors every year. It is a bustling city, and both its residents and visitors to the community trust that the pathways they use when walking around will be safe. It is the responsibility of the city and property owners to make sure that sidewalks are:
- Kept clean of gravel, mud, or other debris that could cause a slipping hazard.
- There are no depressions where water can pool, freezing over and causing slippery conditions.
- Tree roots that would cause sidewalks to crack or shift are removed.
- There are no major cracks or uneven sections that would cause a tripping hazard.
- To learn more about the Safe Travel: Ordinance 2020-041 Amendments/Regulations.
Common Sidewalk Accident Injuries Near You
Much of the time, when someone falls on a sidewalk, their first thought is embarrassment and wanting to put the incident behind them. When injuries are severe, this can be impossible. And when a sidewalk hasn’t been properly maintained, there’s nothing to be embarrassed about. The injuries a person can sustain if they trip and fall over a broken or uneven sidewalk can be quite serious, requiring significant medical attention, and can include things like:
- Broken bones, especially hips, knees, or ankles
- Traumatic brain injuries or TBIs
- Back or spinal cord injuries
- Cuts and lacerations
- Muscle sprains or strains
- Ligament Tears
- Bruises or contusions
The seriousness of the injury can be dependent on a number of different factors as well, such as the individual’s age, health, pre-existing medical conditions, and the severity of the fall. No matter what the circumstances, it is worth speaking with a slip and fall lawyer near you who has experience dealing with sidewalk injury cases in Myrtle Beach. Understanding the potential injuries in slip and fall accidents is crucial for assessing the full extent of the harm caused and seeking appropriate legal recourse.
Contact A Myrtle Beach Sidewalk Accident Attorney Near You
Sidewalk injuries can have serious consequences for victims; understanding the relevant laws and legal options of property owners is essential when seeking justice and compensation. Whether you’re a resident or a visitor in South Carolina, being aware of sidewalk injury laws and seeking legal guidance can help protect your rights and ensure accountability for negligent property owners.
If you have been injured in a sidewalk accident in Myrtle Beach due to someone else’s negligence and poor maintenance, call the team at The Lovely Law Firm Personal Injury Lawyers at (843) 839-4111 for a free consultation. Our team has handled many personal injury cases involving sidewalk accidents and is well-equipped to provide the guidance and representation you require. With their expertise, they can assess the specifics of your situation, gather crucial evidence, and advocate for your rights to pursue fair compensation for your injuries, medical expenses, and other damages. By contacting The Lovely Law Firm, online or by phone (843) 839-4111, you can access the necessary legal support and significantly improve your chances of achieving a favorable outcome in your sidewalk accident case.
We also have offices in North Charleston, Columbia, Conway, and Florence.
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