When you slip and  fall on someone else’s property, this is commonly referred to as premises liability. These cases are typically more complex and difficult to resolve than a motor vehicle collision. The reason for this is just because you fall on someone else’s property does not mean they are responsible for the injuries you incur. The law is very specific in South Carolina and determining the factors surrounding your slip, trip, twist, spin, wrench, slide, unintended dance move, and/or fall is paramount to determining if you have a case.

I hate to do this but I will let you all in on a little secret…come closer:

Regardless of the circumstances of your fall, more than 80% (Eighty percent) of the time, a corporate landowner will deny, or disclaim, liability for your fall on their property!  —Trey Mills

Why is this, you think? It’s very simple and what I call the Cost Benefits Analysis. If a corporate entity through their insurance company denies liability on 80 people out of 100, the 80 percent they scare away saves them millions of dollars in comparison to the 20 people that stood up and fought.

I like to fight for the 20% but would rather that percentage of people increase to not be run off by negligent property owners that knowingly attract people to their property to spend money but don’t want to take the time to make safe the premises or warn their patrons of any dangerous conditions on the property.

The Cliff Notes version of the law is this:

To have a viable premises liability claim from a slip, trip, and/or fall on someone else’s property, the property owner must have created a dangerous condition, have actual notice (knew) of a dangerous condition, and/or constructive notice (should have known) of the dangerous condition and failed to warn patrons or make safe the area or hazard.

Cases I have turned down recently consist of the following:

  • Roofer power washing a tin roof for a customer slips and falls from the roof breaking his foot; (Nobody else’s fault but his own-accidents happen.)
  • Lady slipped in convenience store on water. (No one knew how the water got there including my client. Landowner had no actual or constructive notice of the water. Roof did not appear to have a leak and no nearby coolers.)
  • Gentleman tripped over "something" walking into a store. (He didn’t know what he tripped over, there were no issues with the threshold, and video of the incident indicated he simply tripped. Thus not landowners fault he tripped.)

Cases I have taken recently consist of the following:

  • Roots from a nearby tree growing up throughout a parking lot at a restaurant  causing injury to my client. (Landowner knew or should have known the roots were causing a dangerous condition as they do not just grow up through the pavement in one night.);
  • Spilled milk in a grocery store causing my client to fall. (Grocery store did not follow protocol and knew the spill was there but failed to make safe the area or warn their patrons.);
  • A one inch "lip" formed between the sidewalk and a recently repaved parking lot at a shopping mall that appears flush, or even, to patrons walking towards it. (Created a dangerous condition.)
  • Before that same mall repaved their parking lot, client injured as a result of potholes. (Knew or should have known of the dangerous condition as potholes don’t form over night. )

 

Every case is different and presents a separate set of facts leading to the injury. We are always available to review your  slip, trip, twist, spin, wrench, slide, unintended dance move, and/or fall. Your consultation is free and we do not receive any payment unless we successfully resolve your case through settlement or verdict. Please give us a call at 864-231-7171, check us out on Facebook, or email us.

 I have covered this issue with more detailed links to the law and language as indicated below.

Related Articles:

South Carolina Slip and Fall Law: Premises Liability

South Carolina Slip and Fall Law: When It’s Nobody’s Fault But Your Own

Crashes and Falls Leading Causes of Traumatic Brain Injuries (TBI)

When You Fall Head Over Heels, Call Trammell & Mills

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Photo of Trey Mills Trey Mills

Floyd S. “Trey” Mills III knows that suffering a personal injury through no fault of your own can be a nightmare for the victim and his or her family

Mr. Mills was born on April 24, 1978.  His parents, Floyd S. “Butch” Mills,

Floyd S. “Trey” Mills III knows that suffering a personal injury through no fault of your own can be a nightmare for the victim and his or her family

Mr. Mills was born on April 24, 1978.  His parents, Floyd S. “Butch” Mills, Jr. and Patricia Yarborough Mills, were originally from Newberry, South Carolina, and soon after the birth of Mr. Mills, his parents brought him back to be raised in the same county they grew up in.

Education

Mr. Mills attended Newberry Academy from grades K-3, Gallman Elementary 4th grade, Rikard Elementary 5-6th grade, Mid-Carolina Middle School 7-8th grades, Mid-Carolina High School from 9-12th grades, Clemson University, and Walter F. George School of Law at Mercer University.

Health Crisis

While Mr. Mills was a junior in high school he was chosen by his school to be a representative to Boys State.  This was a great honor and would have been an even better experience except, while at Boys State, Mr. Mills became unusually ill with blackouts, night sweats, and back pain.  Fortunately for Mr. Mills, his mother was an ER nurse at Lexington Medical Center, but unfortunately, for Mr. Mills that did not change his diagnosis of Acute Lymphocytic Leukemia.  Along with his diagnosis, Mr. Mills received a prognosis of two weeks.

Obviously, Mr. Mills has been blessed with his second chance at life and those who have been wronged by health care insurance companies and other types of insurance companies can feel confident in knowing that Mr. Mills can not only empathize with them but fight fervently for their side.  Mr. Mills’ cancer experience and his mother’s arduous yet unsuccessful battle against lung cancer were very trying times.  However, those real-world battles and experiences were nothing compared to the administrative and billing wars he had to encounter with Blue Cross Blue Shield Health Insurance. It seems BCBS would deny any charge over $1,000 without rational reasoning therefore prompting Mr. Mills to go to law school and carry the torch for those that were too ill to fight for themselves while the school yard bully beat them down.

College

Mr. Mills went on to Clemson University where he was very active in student activities along with academic accomplishments.  Mr. Mills was invited to join Calhoun Honor’s College, Sigma Pi fraternity, Golden Key National Honor Society, Student Government, IPTAY Student Advisory Board, and Tiger Brotherhood. Mr. Mills also worked as a student employee with IPTAY Scholarship Fund under the direction of Bert Henderson, formerly the Associate Athletic Director of Planned Giving at Clemson University.

Early Life

Mr. Mills was unsure of where his hard work and life experiences would best provide an adequate return to the outpouring of kindness he received during his cancer experience. Having received many blessings from the American Red Cross, Mr. Mills went on to be an Apheresis Donor Recruiter under the supervision of Barry Pollard at the American Red Cross Blood Donor Services in Columbia, SC after graduating Clemson University.

Running from his true calling, Mr. Mills fled to Guadalajara, Jalisco, Mexico to Teach English as a Foreign Language (TEFL).  Having spent a semester of college in Madrid, Spain, Mr. Mills thought he should be assisting foreign countries. Mr. Mills was certified by the Vancouver Language Centre in Guadalajara for his TEFL training.  Mr. Mills was in Guadalajara only a few months when September 11, 2001 occurred and helped him focus on his life priorities.

Law School

Mr. Mills went on to law school at Mercer University and clerked each summer trying to determine how he could best serve those less fortunate.  The corporate law firms never truly provided him with that personal feeling of assisting the common person in need.  It wasn’t until Mr. Mills became the first law clerk of the South Carolina Trial Lawyers Association under the supervision of Linda Franklin and lobbyist Michael Gunn that he realized where his education, life experience, drive, and hard work could truly benefit those who have been personally and directly affected by the negligence of another.  Mr. Mills wanted to be a coveted and much needed plaintiff’s trial attorney.  More importantly Mr. Mills realized the power of the faceless insurance companies, misinformed legislative members, and the true power of money and lobbyist in dictating laws.

What’s the one service you pay for all your life but you are actually penalized if you ever have to use it? Insurance.

Trammell & Mills

Mr. Ernie Trammell gave Mr. Mills his big break at leveling the playing field against the faceless and heartless insurance companies.  Mr. Mills works tirelessly every day in an effort to bring justice to those who have been wronged.  Mr. Mills has worked on both sides of the law and has been through some harrowing life experiences.  Mr. Mills has been tested and tried by many of the more traumatic events that life has to offer and now provides his services to the public.

Who would you rather have on your side? Someone whose resolve has been tested and tried? Or someone who has intertwined their morality and greed in such a way that they can’t tell one from the other?

Why haven’t you hired Mr. Mills to be your attorney yet?

Would you listen to the devil on how to get to Heaven? Then why listen to insurance adjusters?