Slip & Fall Claims in South Dakota

Every slip and fall case is different, but in all personal injury claims in South Dakota, there are a few elements that we look at to see if you have a case. We check to see if:

• There were damages. In South Dakota, personal injury lawsuits seek compensation for "damages," such as medical expenses, lost wages, and pain and suffering. To qualify for a lawsuit, the injury must entail significant associated costs, which may differ depending on the state.
• Someone else was at fault. To get compensation from someone else’s insurance company in South Dakota, they must have acted negligently in a way that caused or contributed to your injuries.
• There’s enough insurance coverage. Personal injury lawsuits in South Dakota are usually filed against insurance companies, not individuals. Those responsible must have enough insurance coverage to cover the injured person’s medical expenses or fully compensate them for their injuries.

If you are​​​​ unsure if you have a case in South Dakota, contact us. We're here to help.

If you’ve been injured in a slip and fall accident in South Dakota, you should first and foremost seek medical attention. Your health should be your top priority. Even if your injuries seem minor, get checked by a doctor, as some injuries may not appear immediately.

If you’re at a business or commercial property, notify the manager or property owner and request an incident report. Also, take photographs or videos of the scene, especially the hazard that caused your fall. If anyone saw the accident, get their contact details; their testimony may be important later.

As you recover from your injuries, document your medical treatment, any missed work, and other ways the injury has affected your life.

The second most important thing you can do is to consult an attorney in South Dakota. 

An experienced personal injury attorney can guide you through the legal process and protect your rights.

The statute of limitations sets the legal deadline for filing a lawsuit. The deadline varies by type of case and state.

If you’ve experienced a slip and fall in South Dakota, filing your claim within the specified timeframe after the accident is crucial. Missing this deadline could impact your ability to pursue compensation.

However, it’s best to consult with an attorney in South Dakota as soon as possible after the incident, as gathering evidence and building a case can take time. Your attorney can also assist you with filing everything correctly and on time.

The time it takes to resolve a slip-and-fall case can vary based on several factors, including the case's complexity, the severity of your injuries, and whether the property owner’s insurance company agrees to a fair settlement.

While some cases are settled within a few months, others may take a year or longer if litigation is required. At Morgan & Morgan, we work diligently to resolve cases efficiently while striving to secure the maximum compensation for our clients in South Dakota.

Our army of over 1,000 trial-ready attorneys is prepared to fight to the very end for the compensation our clients in South Dakota need and deserve to move forward with their lives. When you work with Morgan & Morgan, your attorney will keep you informed about the progress of your case at every step of the way.

At Morgan & Morgan, our team of experienced slip and fall attorneys has successfully represented countless clients in South Dakota and similar situations, securing millions in compensation. As the country's largest personal injury law firm, with over 1,000 lawyers nationwide, we have the resources, knowledge, and dedication to fight for your rights.

We work on a contingency fee basis, meaning you won’t have to pay unless we win your case. Morgan & Morgan believes justice should be accessible to all, so our motto is the Fee Is Free™—you only pay if we win.

We take pride in ensuring that negligent property owners in South Dakota are held accountable for the harm they’ve caused. Don’t bear the burden of your injuries on your own because of someone else’s negligence. Contact Morgan & Morgan in South Dakota today for a free case evaluation to learn more about your legal options.

Morgan & Morgan’s slip & fall lawyers work on a contingency fee basis in South Dakota, meaning there are no upfront fees or expenses until your case comes to a successful conclusion. That’s right—the Fee Is Free™, and you only pay if we win. Our fee is a percentage of the settlement or verdict amount, ensuring we are motivated to achieve the best possible outcome for you.

The compensation you can recover from a slip and fall lawsuit depends on several factors, including the severity of your injuries, medical expenses, and the impact on your life. Generally, compensation may cover medical bills related to your injuries, lost wages from missed work while recovering, financial relief for the physical and emotional trauma caused by the accident (pain and suffering), diminished quality of life, permanent disability, or even future loss of earning capacity.

Since every case is unique, the amount of compensation will vary. An experienced attorney at Morgan & Morgan in South Dakota can assess your case and give you a clearer picture of what you may be entitled to. You can learn more with a free case evaluation.

No, consultations with Morgan & Morgan in South Dakota are free. We believe everyone should have access to legal support, regardless of their financial situation. Hiring one of our slip-and-fall lawyers is straightforward, and you can get started in minutes with a free case evaluation online or over the phone.

When you hire Morgan & Morgan, you don’t just hire a lawyer; you hire the largest personal injury law firm in the country with an army of over 1,000 lawyers and offices across all 50 states and Washington, D.C. Your case in South Dakota will be handled by a dedicated team of professionals, including personal injury lawyers, paralegals, and support staff. You will be assigned a care team with a primary attorney overseeing your case and ensuring you receive personalized attention.

After your initial consultation, your care team will schedule regular meetings to discuss your case, provide updates, and prepare you for upcoming proceedings. We are committed to maintaining open lines of communication and keeping you informed every step of the way. Depending on your case’s requirements and your ability, these meetings can be conducted in person, virtually, or by phone.

What happens if you slip and fall in your apartment building in South Dakota and sustain an injury? Whether you can sue your landlord depends on the laws of South Dakota.

Generally, a landlord is responsible for keeping all of a property’s common areas reasonably safe.

Like other property owners, landlords may be held responsible for paying damages to an injured party if they know about an unsafe condition or reasonably should have known about it and failed to address it. 

Proving this depends on the specifics of each case. Courts typically evaluate factors such as the length of time the hazard existed and the severity of the condition. In some cases, landlords can also be held liable for slips and falls in a tenant's apartment.

When a new tenant moves into a South Dakota apartment, the landlord must inform the tenant of any known defects. Failure to notify a tenant of defects that the tenant could not have discovered during a reasonable inspection of the property could result in liability if a slip and fall accident occurs. A landlord may also be liable for slips and falls within a tenant’s apartment when a building code or ordinance is violated. As always, it depends on the circumstances of the case and local South Dakota laws.

You can still file a lawsuit in South Dakota even if you didn’t immediately report the slip and fall accident. However, reporting the incident as soon as possible strengthens your case, creating an official record of what happened. If you didn’t report it immediately, you’ll need to provide other compelling evidence to support your claim, such as witness statements from people who saw the accident, medical records that tie your injury directly to the fall, or photographs or videos showing the hazardous condition.

A Morgan & Morgan attorney in South Dakota can help you collect the necessary evidence and build a strong case, even if you delay reporting the incident.

Airbnb is a popular alternative to traditional hotels and other standard accommodation options for travelers worldwide, including those visiting or staying in South Dakota. 

Staying in homes and other properties listed on the service is often more affordable than hotels or resorts, but what happens if you or your family get hurt at someone else’s property? Whose insurance covers your slip and fall accidents?

Airbnb is known for providing hosts with Host Protection Insurance, the primary insurance policy for hosts during a guest’s stay, and carries $1 million worth of coverage per stay. If you’re injured on a host’s property, you’d likely seek compensation for your medical bills and other expenses from Airbnb’s insurer. Airbnb’s million-dollar insurance policy applies on a per-occurrence basis for an accident involving bodily injury or property damage, according to Airbnb materials on its site.

If you were injured in a slip and fall on government property in South Dakota, you can file a lawsuit, but there are extra steps to follow. First, you must submit your claim notice to the government. You may file a lawsuit if they deny your claim or don’t respond. Because the process is more complex than regular slip and fall cases, it’s a good idea to talk to an attorney with experience with these types of claims.

Trip, tumble, slip, and fall accidents can happen anywhere —from grocery stores and shopping malls to sidewalks and workplaces. Understanding the most common causes can help victims recognize when they may be entitled to compensation.

Wet or Slippery Surfaces: Wet or slippery floors are the leading cause of slip-and-fall accidents. Hazards like water, oil, or other liquids from spills, leaks, or cleaning activities can create dangerous conditions that often catch people off guard. Businesses and property owners are responsible for keeping floors dry or placing warning signs when wet.

Uneven Flooring or Sidewalks: Cracked, uneven, or poorly maintained flooring and sidewalks are frequent culprits in slip and fall accidents. These include torn carpets, broken tiles, unstable or loose floorboards, and even raised sidewalks due to tree roots and weathering. Property owners are expected to repair or mark uneven surfaces to prevent accidents.

Inadequate Lighting: Inadequate lighting can hinder the visibility of obstacles, uneven surfaces, or wet areas, raising the risk of slip-and-fall accidents. This lack of visibility is particularly hazardous in parking lots, stairwells, hallways, entrances, and exits.

Poor property maintenance often results in inadequate lighting, and the property owner is responsible for ensuring that all areas are well-lit and safe for visitors.

Clutter and Obstacles: Debris, wires, merchandise, and other items left in walkways pose tripping hazards in high-traffic areas. Property owners and employees are responsible for keeping floors free of obstacles.

Defective or Broken Staircases: Broken handrails, loose steps, and uneven stair heights are common causes of staircase falls. Property owners and managers are responsible for properly maintaining staircases and ensuring they comply with safety codes to prevent accidents. Staircase falls can lead to particularly severe injuries, such as head trauma or spinal damage.

Weather Conditions: Rain, snow, and ice can create hazardous conditions, especially when not properly managed. Icy sidewalks, slippery entryways, and rain-soaked floors increase the risk of slip and fall accidents. While property owners can’t control the weather, they are responsible for taking reasonable steps to minimize danger, such as shoveling snow, salting icy areas, and providing mats for wet shoes.

Suppose you’ve been injured in a slip and fall or another accident on someone else’s property in South Dakota. You can hold the property owner accountable for their negligence in that case. In South Dakota, property owners are legally required to maintain safe premises. They can be liable for injuries if they fail to meet this obligation.

Premises liability law in South Dakota holds property owners accountable for injuries caused by unsafe conditions on their property. This applies to various locations, including homes, businesses, apartment buildings, and public spaces throughout the city. To succeed in a premises liability claim, you must demonstrate that the property owner’s negligence directly led to your injury.

You must demonstrate that:

• The property owner owed you a duty of care: This duty varies depending on your status as a visitor. For example, customers are owed the highest duty of care in retail spaces, while trespassers are generally afforded less protection.
• They breached that duty: The property owner failed to fix or warn you about hazardous conditions, such as a wet floor or broken handrail.
• The breach caused your injury: There must be a clear connection between the unsafe condition and your injury.
• You suffered damages: You must show that your injury led to damages such as medical bills, lost wages, or pain and suffering.

Collect evidence such as photographs or videos of the hazard, witness statements, incident reports, and medical records documenting your injuries and treatment to achieve this. Notify the property owner to ensure the incident is officially recorded. Finally, contact a slip and fall lawyer at Morgan & Morgan in South Dakota.

Premises liability claims can be complex, and having an experienced attorney in South Dakota by your side will increase your chances of a successful outcome. At Morgan & Morgan, we have over  years of experience handling premises liability cases, and we know what it takes to hold negligent property owners accountable. Our attorneys work diligently to gather evidence and build a compelling case that proves the property owner’s responsibility for your injury.

If negotiations with the property owner’s insurance company in South Dakota do not result in a fair settlement, your attorney may advise filing a premises liability lawsuit. This action seeks to legally and financially hold the property owner accountable for your injury. Compensation can cover medical expenses, lost wages from missed work, and pain and suffering.

Although a slip and fall injury may initially seem minor, its consequences can be severe and long-lasting. These accidents often result in physical, emotional, and financial challenges that impact nearly every part of one's life. At Morgan & Morgan, we recognize the profound impact slip and fall injuries can have and are dedicated to assisting victims in South Dakota in obtaining the compensation they deserve.

Physical Impact 

A slip and fall injury's most immediate and noticeable effect is the bodily harm it causes. Injuries can range from minor bruises to severe, life-altering conditions, such as:

• Broken bones: Fractures in the arms, wrists, ankles, or hips are common, especially in older adults.
• Head injuries: Slip and fall accidents can cause traumatic brain injuries (TBI), concussions, or skull fractures, potentially resulting in lasting cognitive and physical impairments.
• Spinal cord injuries: A fall can damage the spine, leading to chronic pain, limited mobility, or even paralysis in severe cases.
• Soft tissue injuries: Ligament tears, sprains, and strains can cause persistent pain and may require months of rehabilitation. These injuries often require surgery, physical therapy, or prolonged hospital stays, disrupting daily life and reducing independence.

Emotional Impact 

The emotional toll of a slip and fall injury can be just as significant as the physical damage. Victims in South Dakota may experience:

• Anxiety and fear: After an accident, it’s natural to feel anxious about walking in public spaces or even in your own home, fearing the possibility of another fall.
• Depression: The loss of mobility or independence can lead to feelings of hopelessness and depression, especially if the injury stops you from working or engaging in activities you once loved.
• Social isolation: If your injury limits your ability to engage in social activities, you may feel cut off from your community, contributing to loneliness and emotional distress. These emotional struggles are a legitimate and important part of the recovery process, and victims deserve compensation for the mental anguish caused by a slip and fall accident.

Financial Impact 

The financial burden of a slip and fall injury can be daunting. Costs for medical treatment, rehabilitation, and long-term care can add up quickly, putting victims at risk of serious financial difficulties without adequate compensation. Key economic challenges include:

• Medical bills: Hospital visits, surgeries, physical therapy, medications, and ongoing medical care can quickly become expensive, especially if your injury requires long-term treatment.
• Lost wages: If your injury prevents you from working, it could result in a loss of income for weeks or even months. In some cases, victims may be unable to return to their previous job or experience a diminished earning capacity because of the injury.
• Rehabilitation costs: Extended physical therapy, home adaptations, and assistive devices like wheelchairs or walkers can significantly strain finances. A successful slip-and-fall claim can provide the necessary financial support to cover these costs, enabling victims to concentrate on their recovery without the extra stress of monetary concerns.

Impact on Quality of Life 

A serious slip and fall injury can significantly reduce your quality of life. You may face challenges in performing daily activities, such as:

• Loss of mobility: Injuries like fractures or spinal damage can limit your ability to move freely or care for yourself.
• Chronic pain: Many slip and fall injuries cause persistent pain that can impact your ability to sleep, work, or enjoy leisure activities.
• Loss of independence: Some victims may need help with personal care or mobility, requiring them to depend on others or transition to assisted living facilities. 

In some instances, these changes become permanent, leaving victims with a reduced quality of life that affects their ability to participate in hobbies, sustain relationships, and enjoy daily activities.

To successfully prove that a property owner’s negligence caused your slip and fall accident in South Dakota, you’ll need to gather solid evidence, including:

• Photographs or videos of the hazardous condition: Capture images of the wet floor, broken steps, uneven surfaces, or any other dangerous condition that caused your fall in South Dakota
• Witness statements: Collect statements from anyone who saw the accident or can confirm the hazardous condition.
• Incident reports: If the accident happened at a business or other commercial property in South Dakota, ask for an incident report and obtain a copy.
• Medical records: Ensure your medical records document your injuries, the treatment you’ve received, and how the injury affects your daily life.
• Maintenance logs or inspection reports: These reports can show whether the property in South Dakota was regularly checked for hazards or whether safety standards were neglected.

This evidence can help prove that the property owner or manager failed to take reasonable steps to prevent accidents.

In South Dakota, a property owner who claims to be unaware of the hazardous condition that caused your slip and fall can still be held liable if negligence is proven. Property owners are responsible for maintaining reasonably safe conditions, which includes conducting regular inspections to identify and address potential hazards.

To strengthen your case in South Dakota, gather evidence such as:

• Photo or video evidence: taken of the hazardous condition.
• Witness statements: from others who saw the condition.
• Maintenance logs: showing whether the property was regularly inspected and maintained.

If the hazardous condition had existed for a long time or was obvious, the owner’s claim of unawareness might not absolve them of responsibility.