When you own property, it is your responsibility to make sure that it is perfectly safe. If you slip or trip and fall while you are visiting someone, the owner of the property may be held liable. The skilled injury attorneys in Maryland at Pinder Plotkin help clients receive compensation for their injuries. The hard work, dedication, and cutthroat attitude during negotiations and trials of our Maryland slip and fall lawyers will ensure that every client has the best possible representation.
- 1 How Is Liability Defined In Slip And Fall Cases In Maryland?
- 2 Does Maryland’s Contributory Negligence Law Impact Slip And Fall Cases?
- 3 How Does a Lawyer Prove Negligence in a Slip and Fall Lawsuit?
- 4 What Type Of Defense Should I Expect From The Defendant In Slip And Fall Litigation?
- 5 What Are The Elements Needed In A Successful Slip And Fall Lawsuit?
- 6 What Are The Requirements Of A Property Owner?
- 7 What Are Some Causes Of Slip And Fall Accidents?
- 8 Can Multiple Defendants Be Named In A Slip And Fall Lawsuit?
- 9 Why Is It Important To Understand The Full Extent Of Injuries Suffered In A Slip And Fall?
- 10 Are There Time Limits for Filing a Slip and Fall Lawsuit?
- 11 Call Our Maryland Slip and Fall Lawyers for Help
How Is Liability Defined In Slip And Fall Cases In Maryland?
According to the concept of premises liability, people who own property are ultimately responsible for their condition. If they are aware that some type of danger exists and they are not hasty in alleviating the problem, they can be held negligent if this leads to someone sustaining injuries. The exact circumstances behind the injuries will determine how much they will be liable for. Finding an experienced Maryland attorney who specializes in slip and falls that can help you understand all aspects of your case is the key to getting what you are owed.
Does Maryland’s Contributory Negligence Law Impact Slip And Fall Cases?
The skilled team of Maryland slip and fall attorneys at Pinder Plotkin know that filing a claim can be a long, arduous and seemingly never-ending process and that many property owners are able to walk away from the situation without taking responsibility. An example of this would be when an owner places a sign notifying the public that a floor is slippery. They may not be held responsible since they made it a point to let people know there may be some danger.
Contributory negligence is the doctrine that is followed in the state of Maryland. In jurisdictions that use these as a guideline, if someone made a contribution to their injuries during an incident, they cannot seek damages. Meaning, if you were to spill a beverage on a floor and then you fell, you could not sue the owner of the property.
How Does a Lawyer Prove Negligence in a Slip and Fall Lawsuit?
In order for someone to be held liable when you file a claim for negligence, you have to prove four different things: duty, breach of duty, causation and damages. Breach of duty is the concept of someone not taking all of the necessary steps to ensure the safety of everyone on their property. This includes incidents when the owner was aware that there was some type of danger, yet they did not fix the problem. It can also include times when the danger may not have been known, but if the premises had been inspected properly this would have been discovered.
If you think your injuries were due to the negligence of another party, finding a qualified slip and fall attorney is the key to understanding your claim and figuring out the best way to handle it.
What Type Of Defense Should I Expect From The Defendant In Slip And Fall Litigation?
There are numerous defenses available when it comes to this type of case. Common ones include failure to notice there was an issue and/or not having the opportunity to correct the issue before the injury occurred. Essentially, someone who has sustained an injury will have to prove that the property owner was aware there was an issue and they did attempt to fix it. This is much harder to prove in some cases, like instances when there may have been a spill and there is no way to tell how long it was there.
Contributory negligence and assumption of risk are both affirmative defenses. This means that even if it is found the owner was negligent in not removing ant dangers in time, it may be found that the person who was injured knew of this risk and decided to ignore it and continue. This happens often in cases where ice and snow are not cleared by the owner of a property in a reasonable time frame. In this case, if a person is aware that the ground is slippery and they make the choice to walk this way, it is likely it will be found they contributed to the problem. Once this occurs, they will not be allowed to recover any damages.
What Are The Elements Needed In A Successful Slip And Fall Lawsuit?
Duty of care is a responsibility that is solely placed on the shoulders of the person who owns or maintains the property in question. When it comes to Maryland liability laws, they are dependent on this factor.
Depending on the kind of property where someone is injured, the responsibility can fall on different people. For example, if it is a private home, the owner is required to maintain the safety of their own property. If it is a commercial space that is leased by a business, the owner does not assume any liability. This would fall on the shoulders of the lessee.
In order to be sure about who is responsible in your particular case, you need to contact an attorney from Pinder Plotkin right away. We will go through all of the details and use our skills and experience to make the right call.
What Are The Requirements Of A Property Owner?
A property owner is required to provide properly maintained facilities that are perfectly safe for visitors. For instance, if there is ice, debris or something else obstructing walkways, they can be held responsible if someone is injured as a result. The intended purpose and type of property that is involved will determine who will be found liable in Maryland slip and fall cases.
What Are Some Causes Of Slip And Fall Accidents?
In most of the Maryland slip and fall incidents that occur, there is some type of hazard on the property. The danger that is present can change depending on the kind of property. Commonly, injuries have occurred when a foreign substance, like cleaning fluid or water is spilled on the floor. Other types of cases include those in which steps that are incorrectly sizes violate codes and they make it difficult for people to walk properly.
Can Multiple Defendants Be Named In A Slip And Fall Lawsuit?
It is possible for there to be more than one defendant in a slip and fall case. Property owners, lessees, condo associations and maintenance companies can all be equally at fault. This will depend on the type of property and the circumstances when the injuries occurred. You will have to speak to an attorney about your case and they will let you know who should be held responsible and how to go about filing these claims.
Why Is It Important To Understand The Full Extent Of Injuries Suffered In A Slip And Fall?
It is not appropriate for a case to conclude until everyone has an understanding of the nature of the injuries. All parties need to reach a point when they are completely satisfied in the fact that the extent of the injuries is clear, the need for future treatments has been noted and any complications that may occur at some point ahead have been discussed.
When they are first meeting when a lawyer, injured parties should bring any paperwork they have available that will substantiate their claims, like injury reports that were written at the time of the incident. Medical records, photos, and any other evidence should be collected and submitted at this time as well.
When most people are hurt, they have an initial injury and it heals as treatment is administered. If new symptoms occur or if the current ones become worse, it has to be determined if this is the result of the initial injury.
If there are any questions about this that cannot be explained or proven, the claim is likely to be denied or the compensation being sought will be drastically reduced. Also, once a person has been compensated, they may be required to sign a written release as part of the deal. This means they will not have any legal right to future claims related to this particular slip and fall incident. In short, once you are compensated once and you sign a contract, you will not be able to go back and sue someone else at a later time.
Are There Time Limits for Filing a Slip and Fall Lawsuit?
Maryland has a 3-year statute of limitations when it comes to slip and fall liability cases. This means that you have to file a claim within that time frame or you risk never being compensated for the damages you received.
There are some exceptions, like when there are minors involved or other special circumstances. An example would be if a property was over capacity or if the incident happened on property that is owned by a government agency. In these cases, the statute of limitations may be different.
Call Our Maryland Slip and Fall Lawyers for Help
If you were injured in a slip and fall accident, contact Pinder Plotkin now. Our lawyers will listen to the facts of your case, begin an investigation and take all of the steps needed to make sure that someone is held liable for damages. We have all of the skills and experience needed to help you win your case.