What Is a Slip & Fall Case?

Injured in a stairway or escalator fall in Georgia or South Carolina? Our attorneys pursue claims against property owners and equipment manufacturers for unsafe conditions and mechanical failures.

— Reviewed by Eric Roden, Founding Partner, CEO at Roden Law

Key Takeaways

If you were injured in a slip & fall in Georgia or South Carolina, the deadline to file a lawsuit is 2 years from the date of injury in Georgia (O.C.G.A. § 9-3-33) and 3 years in South Carolina (S.C. Code § 15-3-530). Both states follow a modified comparative negligence rule: Georgia lets you recover if you are less than 50% at fault (O.C.G.A. § 51-12-33), and South Carolina if you are less than 51% at fault (Nelson v. Concrete Supply Co., 303 S.C. 243, 399 S.E.2d 783 (1991)), with your award reduced by your percentage of fault either way. Roden Law represents injury victims in Georgia and South Carolina on a contingency fee: the consultation is free and there is no fee unless we win.

Stairway and Escalator Fall Accidents in Georgia & South Carolina

Stairways and escalators are essential features of commercial buildings, shopping centers, parking garages, and apartment complexes — but when they are poorly maintained, they become dangerous. The U.S. Consumer Product Safety Commission (CPSC) estimates that escalator-related injuries result in approximately 10,000 emergency room visits annually, while stairway falls are responsible for over one million injuries each year in the United States.

At Roden Law, our stairway and escalator fall lawyers handle cases throughout Georgia and South Carolina involving injuries caused by defective, poorly maintained, or improperly designed stairs and escalators. These cases may involve premises liability claims against property owners as well as product liability claims against escalator manufacturers.

Common Causes of Stairway Falls

Stairway falls are often caused by hazardous conditions that a property owner should have identified and corrected:

  • Missing, loose, or broken handrails
  • Uneven step heights or inconsistent tread depths
  • Worn, torn, or missing stair treads and non-slip strips
  • Inadequate lighting in stairwells
  • Wet, icy, or debris-covered stairs
  • Building code violations in stair construction or renovation
  • Missing or damaged stair nosing (the edge of each step)

Georgia and South Carolina building codes establish minimum safety standards for stairways, including handrail height, tread width, riser height, and lighting requirements. Violations of these codes can serve as strong evidence of negligence in a premises liability claim.

Escalator Accident Causes and Liability

Escalator accidents present unique liability questions because they may involve both the property owner who maintains the escalator and the manufacturer who designed and built it:

  • Sudden stops or speed changes that throw passengers off balance
  • Entrapment of clothing, shoes, fingers, or toes in escalator mechanisms
  • Missing or broken comb plates at escalator landings
  • Gaps between steps that catch heels or small objects
  • Failure to conduct required maintenance and safety inspections

Under Georgia premises liability law (O.C.G.A. § 51-3-1), the property owner is responsible for maintaining escalators in safe operating condition. If a design or manufacturing defect caused the accident, a product liability claim against the manufacturer may also be available. South Carolina similarly holds both property owners and manufacturers accountable under their respective duties.

Proving a Stairway or Escalator Claim

Successful stairway and escalator fall claims typically require evidence of the hazardous condition, the property owner’s knowledge of the condition, and the causal connection between the hazard and your injuries. Key evidence includes building inspection reports, maintenance and repair records, surveillance camera footage, building code compliance documentation, expert testimony from safety engineers, and photographs of the defective condition.

Damages in Stairway and Escalator Fall Cases

Falls on stairs and escalators frequently result in severe injuries due to the height and hard surfaces involved. Victims may recover compensation for all medical treatment, surgical procedures, lost income, pain and suffering, and diminished quality of life. In cases involving egregious maintenance failures or known hazards left unrepaired, punitive damages may also be available under Georgia law (O.C.G.A. § 51-12-5.1). Contact Roden Law for a free case evaluation.

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What to Do After a Slip and Fall

  1. Report it before you leave, and get a written incident report. Tell a manager or owner while you are still there and ask for a copy of the report they fill out. A fall nobody recorded is the single most common reason these claims fail.
  2. Photograph the hazard immediately — before it is cleaned up. The spill, ice, torn mat, broken step, or missing handrail will be gone within the hour. Capture it from several angles, and include something for scale.
  3. Photograph what was not there, too. Absent warning cones, burnt-out lighting, and missing handrails matter as much as the hazard itself. Photograph your footwear as well — the defense will raise it.
  4. Get names — witnesses and the employees who responded. Staff turnover is high in retail and hospitality. The employee who told you "that happens all the time" may be unreachable in six months.
  5. Ask that surveillance footage be preserved, in writing. Most systems overwrite in days or weeks. A written preservation request creates an obligation and a paper trail if the footage later goes missing.
  6. See a doctor the same day. Adrenaline masks injuries and a delay of even a few days becomes an argument that something else caused them.
  7. Do not give a recorded statement or accept a goodwill gesture. A covered ER visit or a gift card is sometimes offered alongside paperwork that ends the claim. Roden Law offers free consultations — ask before you sign.

The Rules That Apply

  • In Georgia, you have 2 years from the date of injury (O.C.G.A. § 9-3-33).
  • In South Carolina, you have 3 years (S.C. Code § 15-3-530).
  • Georgia — Modified Comparative Fault: You can recover if less than 50% at fault (O.C.G.A. § 51-12-33). Your award is reduced by your fault percentage.
  • South Carolina — Modified Comparative Fault: You can recover if less than 51% at fault. Your award is reduced by your fault percentage.

How negligence, compensation, deadlines and fault work: Slip & Fall Lawyers →

Free Case Review — No Fees Unless We Win Available 24/7 · Georgia & South Carolina
844-RESULTS

Recent Case Results

Results shown are gross settlement/verdict amounts before fees and costs. Past results do not guarantee similar outcomes.

About the Author

Eric Roden, Founding Partner, CEO at Roden Law

Eric Roden

Founding Partner, CEO State Bar of Georgia Georgia Court of Appeals Supreme Court of Georgia

Frequently Asked Questions

Contact Our Stairway and Escalator Fall Lawyers Today

If you were injured and believe another party is at fault, contact us for a free, no-obligation review. We dedicate our skills and resources to recovering the maximum compensation you deserve — at no upfront cost.