Legal Question in Personal Injury in South Carolina

My sister fell/ tripped over a raised place on sidwalk on Nationwide Ins property. She sustained severe injuries including surgery. The incident happened last Friday 12/10 and she is still in hospital with a long recovery period expected. Tne insurance will only pay 70/30 & we need to know if Nationwide is liable?

Thank you.


Asked on 12/17/10, 7:48 am

2 Answers from Attorneys

D. Mays Dickey Law Office of D. Mays Dickey, P.A.

The law of "premises liability" in South Carolina is a complex area of the law, and determining liability involves considering many different factors, so there is no clear-cut answer to your question. To help you understand how we analyze this question:

People who are injured while on the property of another are treated differently according to the purpose of their visit. South Carolina has 4 categories of persons, and each category gets different protection. These categories are: "invitees," "licensees," "trespassers," and children.

Typically, assuming she is not a minor, cases like the one you described will hinge on the distinction between an "invitee" and a "licensee," and the rules regarding this distinction are highly complex.

There is a long list of things your attorney will need to know before he or she can evaluate your likelihood of success. What was the purpose of her visit? What time of day was it? Was the sidewalk in good repair and adequately lit? Had anyone fallen there before? Did she have any pre-existing health conditions? Just to name a few...

You shouldn't do this on your own. Before continuing to pursue your claim or speaking to anyone's insurance company, your next step should be to immediately consult with a qualified personal injury attorney who will help you through the process and ensure that the responsible party is held responsible for compensating your sister for her injuries.

Disclaimer: This post is for informational purposes only, and does not create an attorney/client relationship with my firm. You should consult an attorney directly for legal advice regarding your specific situation.

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Answered on 12/22/10, 8:28 am
Robert Johnston Law Offices of Robert J. Johnston

Its worth filing a claim and persuing it. If she has injuries that are that bad, then she should certainly try. Do you have any pictures of the sidewalk? I'd like to see a picture if you have one.

What county is this in? I practice state-wide and my firm is in Horry County.

Robert J. Johnston

843-946-0099

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Answered on 12/23/10, 6:23 am


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