Slip And Fall Attorneys In Myrtle Beach, South Carolina

There are a number of legal requirements you must establish to prove that the owner or proprietor of the property is actually responsible for your injuries: 

First, you must establish that the owner had or should have had notice of the slippery condition. Next, you must demonstrate the owner failed to use reasonable and ordinary care to remedy the dangerous condition. So, in cases where the owner/proprietor created the slippery condition (for example by buffing the floor), notice is not at issue. However, cases where a third party creates the dangerous condition, can operate differently. Generally, when a third-party creates the dangerous condition, the landowner only has a duty to act if he or she has “actual notice” or “constructive notice” that the dangerous condition exists. That generally depends on the length of time the condition existed and the location of the dangerous condition on the premises. 

• Warnings and Failure to Warn

When a landowner is aware or should be aware of a condition, the landowner has to either remedy the issue, or properly warn those on his property. In a wet floor scenario, the common yellow signs are generally considered an adequate warning. Again, the jury has to weigh whether they believe the warning was sufficient to put the injured party on notice of the dangerous condition. 

• Open and Obvious

The owner of the property generally has a defense if the dangerous condition is so open and obvious a reasonable person would be aware of its existence.