Comparative Negligence in Slip & Fall Cases: Can You Still Win If You Were Partly at Fault?

You slipped and fell. You got hurt. But maybe you weren’t watching where you were going. Maybe you were rushing. Now you’re asking the big question:

Can I still win my case if I was partly at fault?

Yes, and here’s how it works in South Carolina.

South Carolina Uses a Rule Called “Comparative Negligence”

That’s just a legal way of saying blame gets shared.

If the property owner was careless, and you were too, the court looks at both sides. You can still get money for your injuries as long as you weren’t more than 50% at fault.

Here’s the breakdown:

• 0%–50% at fault: You can still win.
• 51% or more: You get nothing.

So don’t count yourself out too early.

Example: You Slip at a Charleston Restaurant

Let’s say you’re walking into a restaurant on East Bay Street. The floor is wet near the front door. There’s no sign, no mat, and you go down hard. But, you were checking your phone.

A jury might say you’re 25% at fault for not watching your step. But they may say the restaurant is 75% at fault for not keeping the entryway safe.

If your total damages are $80,000, you’d still walk away with $60,000. That’s how comparative fault works here in Charleston.

“But I Was Wearing Bad Shoes…”

That comes up a lot. Sandals, heels, or slick soles don’t mean you give up your rights.

Yes, the other side might bring it up. But that doesn’t erase the business’s job to keep their floors dry, stairs clear, and sidewalks safe.

You might take a small hit on the total recovery, but you’re not out just because of your shoes.

What Courts (and Insurance Companies) Look At

Every case is different, but here’s what usually matters:

• Was there a clear hazard?
• Did the property owner know, or should they have known, about it?
• Did they fix it or warn anyone?
• Were you doing something risky or careless?

They’ll dig into the details. That’s why you need to act fast. Photos of the scene, names of witnesses, and getting medical care right away can make a big difference.

Don’t Guess Who’s at Fault, Let a Lawyer Figure It Out

Lots of people blame themselves too much. You might think, “I wasn’t paying attention”, but you don’t know how long the hazard was there. You don’t know what the store knew. You don’t know what they ignored.

A Charleston slip and fall attorney will know what to look for. They’ll talk to witnesses, review security footage (if it exists), and bring in the right experts if needed.

You Can Still Win, Even If You Messed Up a Little

South Carolina law gives you a shot, even if you weren’t perfect. And honestly, nobody is. Everyone gets distracted. Everyone has rushed through a store or walked too fast on a rainy day.

What matters is whether the business or property owner did their job to keep you safe.

If they didn’t, and you got hurt, you may have a case.

Here’s What to Do Next

If you’ve been hurt in a fall, anywhere in Charleston, don’t talk yourself out of getting help. Let someone who knows the law tell you where you really stand.

We help people across Charleston, Mount Pleasant, James Island, West Ashley, and beyond. We’ve handled hundreds of cases like yours. We know the rules. We know the courtrooms. And we know what to do next.

Call us today or schedule a legal consultation.

We’ll tell you the truth, and if you have a case, we’ll fight to win it.

Disclaimer – This blog is for general information only. It’s not legal advice. Every case is different. If you’ve been in a wreck, speak with a licensed attorney in South Carolina to get advice for your specific situation.