How do I know if I have a legally valid personal injury claim?

How do I know if I have a legally valid personal injury claim? What has to be proved? And what kind of damages can be sought? This involves an injury sustained at a hotel due to a slip and fall at the pool facility that was unsafe.

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Answered By: David F. Stoddard

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You must prove that someone was negligent, and the negligence caused the fall, which caused an injury. With a fall at a business, you normally must prove that a dangerous condition existed, that the dangerous condition was either created by the owner/operator of the facility, or that the owner/operator was aware of the condition and did nothing to make it safe (remove the condition or warn the public about the condition). If a condition is open and obvious, it is usually not considered a dangerous condition. However, even if it is open and obvious, if it could reasonably be expected that people would get hurt despite it being open and obvious, there still might be a viable case. You can recover from a "slip and fall" case if it is aggressively defended.

Answer Applies to: South Carolina - Replied: 10/26/2011

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