How Long Do You Have to Report a Slip and Fall?
If you have been injured in a fall, you should meet with an attorney as soon as possible. A lawyer will help analyze whether you have a legitimate legal claim and can work to negotiate a settlement for you
One question some victims have is, “How long do you have to report a slip and fall?” Under North and South Carolina law, the amount of time you have will depend on the circumstances surrounding the accident. Let’s look at a few common situations.
You Slipped at Work
You might have a workers’ compensation claim, so you need to notify your employer of your fall. Each state has a deadline:
- North Carolina: 30 days from the date of accident to report it
- South Carolina: 90 days from the date of the accident to report it
Ideally, you will make the report as soon as possible. You want to protect your coworkers who could be injured in the same manner. Failure to meet the deadline could result in denial of benefits, so the less delay the better.
You Slipped on Private Property
You might have fallen in a store or on someone’s private land. You really don’t have to “report” the fall in the same way you would if you were injured on the job. However, each state has a “statute of limitations” that governs how much time you have to file a lawsuit based on your slip and fall:
- North Carolina: 3 years from the date the injury becomes apparent (NCGL § 1-52)
- South Carolina: 3 years from the date the cause of action accrues (S.C. CODE §15-3-20)
Typically, you will know you have been injured or know the cause of action has accrued on the date you fall. Ideally, you will meet with an attorney quickly and not push up against the deadline.
You Slipped on Public Property
You might have slipped and fallen on government property, such as in the town hall, or you could have slipped on a sidewalk or government parking lot. In these examples, you will probably sue a government agency for failing to keep the property in a safe condition.
Government entities are generally immune from lawsuits, but both North and South Carolina have made exceptions when people are injured by the government’s negligence in slip and fall accidents. However, you will need to report the accident to the relevant authority in a timely manner:
- North Carolina: 3 years
- South Carolina: Either 2 or 3 years
Meet with an attorney to go over the time limits that apply to your case.
Get the Legal Help You Need
Identifying the proper deadline can be confusing. For example, you might not really know if you slipped and fell on private property or government property, but the distinction can matter enormously. Let us help. The slip and fall team at Peace Law Firm can carefully analyze your accident to uncover who is responsible for your injuries. We can then make sure you file legal documents in the correct courtroom in a timely manner.
Contact us today. We offer members of the public a free consultation.