Who is at Fault for Dangerous Sidewalk Conditions in South Carolina?

If you recently slipped and fell or were otherwise injured on someone else’s property because of dangerous sidewalk conditions, you should seek to recover your damages via a premises liability claim. Follow along to discover how a proficient Chesterfield County premises liability lawyer at Cockrell Law Firm, P.C. can work to make this possible for you.

What are examples of dangerous sidewalk conditions?

The most common types of dangerous sidewalk conditions that lead to a slip and fall accident include, but are not limited to, the following:

  • Slippery surfaces due to weather conditions, such as snow and ice, were left uncleared.
  • Debris was left uncleared.
  • Exposed tree roots, or tree roots that raised sidewalks.
  • Potholes or otherwise uneven surfaces.

Who is at fault for dangerous sidewalk conditions?

A common misconception is that the government or municipality is at fault for your sidewalk accident injury. In fact, the residential or commercial property owner would be at fault, as they hold the responsibility of ensuring that their premises are safe and free of any safety hazards.

What steps should I follow after being involved in a sidewalk accident?

If you are looking to sue a property owner for your sidewalk accident injury, you will have to prove that they breached their duty of care which ultimately resulted in you sustaining damages. In other words, your premises liability claim requires you to prove that the property owner knew or should have known about unsafe sidewalk conditions and failed to fix them. To satisfy this burden of proof, you must follow the below steps after being involved in a sidewalk accident:

  1. Call 911: the law enforcement officer will call for an ambulance on your behalf and file an official police report. You should collect this document later on.
  2. Capture the scene: take photos and videos of your injuries, damages, and unsafe sidewalk conditions that led to your accident.
  3. Collect witness contact information: you should reach out to them to provide witness testimony later on.
  4. Seek medical treatment: get treated at the scene and afterward, as some injuries may be noticeable later on. You should collect this medical documentation and bills later on.
  5. Contact our firm: reach out to a talented Chesterfield County personal injury lawyer who will help you obtain surveillance footage of your accident. Importantly, do so before the statute of limitations, which is generally three years from the date of your accident. Of note, if the sidewalk was owned by the government or a municipality, you will have to file your claim under the South Carolina Torts Claims Act within two years of the date of your accident.


For competent and trustworthy legal counsel involving criminal law, personal injury law, divorce & separation, and family law, contact The Cockrell Law Firm, P.C. today to schedule your free initial consultation.