Baltimore Slip and Fall Attorney
Although we tend to take our ability to walk for granted, walking upright on two legs is actually a challenge, not only for older adults but for the young and healthy as well. the human style of locomotion is essentially mechanically unstable, so we must take particular care to prevent falls, for our own safety as well as for the safety of other people of any age.
This duty of care for the safety of others is a legal responsibility for those who own or manage a property where the public is invited or allowed, under the legal doctrine of premises liability. Anyone who owns, manages, or contracts to maintain a property may be held liable for the victim’s damages if they have negligently allowed a hazardous condition to exist, and that condition has caused someone to be injured or killed. and this pertains to workplace accidents as well.
If you are injured in a slip and fall accident that was caused by the negligence of another person or company, you are entitled to file a personal injury claim. Our experienced Baltimore attorneys are available to review the circumstances surrounding your accident. Rice, Murtha & Psoras handles complicated and challenging slip and fall litigation. To schedule an appointment, call our office at (410) 694-7291.
Common Causes of Fall Accidents in Baltimore, MD
Slip and fall accidents are one of the most common types of personal injury claims. These accidents could occur for a wide variety of reasons. Some of the common types of cases Rice, Murtha & Psoras handle are listed below.
Property Owner Negligence
A property owner or manager has an obligation to keep their property free of dangerous conditions that could injure a visitor. This duty includes regularly inspecting the property and addressing any safety concerns.
Unfortunately, some property owners fail to comply with their obligation. For example, a retail store manager could fail to plow after a snow storm, creating an unsafe environment for shoppers. Other hazards that cause slip and fall accidents include poor lighting, uneven carpets, broken stairs, and spills. In some cases, a property owner might have a limited duty to someone who trespasses on their property.
Construction worksites are workplaces where employees are significantly at risk of suffering a fall accident while working. Potential issues like malfunctioning equipment and inexperienced coworkers could lead to a person suffering a fall accident. Under certain circumstances, a fall accident can also be the fault of an employer. Depending on the circumstances surrounding a fall, an injured worker could file a workers’ compensation claim or a personal injury lawsuit against a liable third party.
Proving Negligence in a Lawsuit for a Baltimore Slip and Fall Injury Claim
If you were the victim of a slip and fall accident in Baltimore, you should waste no time speaking with an experienced personal injury attorney. Falls are typically treated as personal injury claims. As a result, to prevail in a fall accident injury lawsuit, a plaintiff will have to prove that a defendant’s negligence was the cause of the accident by establishing four elements.
- The defendant owed the plaintiff a duty of care
- The defendant breached their duty of care
- The defendant’s breach was the cause of the accident
- The plaintiff suffered quantifiable damages
Additionally, if a victim is injured in a workplace accident in Baltimore, they may be able to pursue a workers’ compensation claim. Note, however, that a workers’ compensation claim would not allow a plaintiff to also pursue a lawsuit against an employer after an injury. A victim will have to decide whether they should pursue a workers’ compensation claim or determine whether they have enough evidence to prove an employer was responsible for their injuries.
Challenges in Slip and Fall Lawsuits in Baltimore
Every personal injury case could present unique challenges. the facts surrounding any accident come into play. So does the conduct of the injured party. However, slip and fall lawsuits have their own hurdles – making them more difficult than many other personal injury claims.
Slip and fall accidents are often more challenging to prove and easier to defend than other cases. This is because the case centers on the condition of a property in addition to the conduct or inaction of the defendant. Because of this, a potential plaintiff must be as honest as possible when describing what occurred to our Baltimore personal injury attorneys. If any facts are exaggerated or if important details are omitted, your chances of success decrease significantly.
One of the problems facing a slip and fall victim is timing. For instance, imagine a person falling on a slippery surface in a grocery store. This unsafe condition was the result of glass jars falling from a shelf. While the cause of the accident appears straightforward in this case, it does not necessarily guarantee that another party could be held liable. If the jars recently fell and there was no reasonable way a manager or employee could have addressed the dangerous condition before the accident, then the store and its employees could be held not accountable for any damages.
Slipping on icy conditions is also a way people are frequently injured during the winter months. However, a business usually has a reasonable time frame to clear its sidewalks. Our Baltimore slip and fall attorneys will have to prove that an unsafe condition existed and that the property owner negligently allowed the condition to persist.
A defense attorney will also look to prove you contributed to the fall. For example, you might be asked about the quality and age of footwear you were wearing when you fell. They will want to know if you were paying attention to your surroundings or if you were distracted, perhaps texting and walking. Whether you were walking slowly or running could also be used by the defense to shift fault. If you are found to have contributed to your fall, you could be prohibited from being award compensation in a civil claim.
Contributory Negligence in Baltimore Slip and Fall Cases
Nearly every state in the country follows the legal doctrine of comparative negligence in a personal injury claim. Under this negligence standard, a plaintiff’s potential award will be decreased by the percentage of fault they contributed to their injury. For example, if a jury held that a person was thirty percent to blame for a slip and fall injury, their total compensation would be lowered by thirty percentage.
Unfortunately, Maryland follows the stricter doctrine known as contributory negligence. If a jury finds that an injured plaintiff was responsible for any percentage of fault in an accident, the plaintiff is barred from recovering any compensation. This is why, in a slip and fall case, a defense attorney will work to present any evidence that could shift the blame to the plaintiff. If a jury finds that a plaintiff was one percent at fault, the defendant has prevailed in the case. Our experienced Baltimore slip and fall lawyers understand the challenges facing an injured plaintiff. In many cases, your attorney’s job is not only establishing that another party is to blame for your injury but also to defend against any allegations that you contributed to the accident.
What To Do After a Baltimore Slip and Fall Accident
To help you slip and fall case, there are some crucial steps you should take after an accident. These suggestions assume you are physically capable of acting. If you are seriously injured, you should seek immediate medical attention.
If you are ever in an accident, you should take pictures. This is especially the case in a slip and fall case. You want to document the condition of the property at the time of your fall. Whether it was a slip in a supermarket, a broken step, or a cracked sidewalk, you should have an image of what caused your fall. Also, take photos of the surrounding area, your shoes, and any injuries you sustained. Pictures from the time of the incident provide valuable evidence.
Report the Incident
Whether you fell at a place of business or someone’s home, you should immediately notify the property owner or manager. If you fail to tell someone you were injured, you could jeopardize your chances of prevailing in a personal injury lawsuit. If you fell on a commercial property, you should work with the owner or manager to file a written report of the incident.
Seek Medical Attention
Even if you feel fine, you should seek medical attention after a slip and fall accident. it is not uncommon for all injuries to be evident at the time you fell. If you want to pursue a personal injury claim in the future, it is crucial to have medical documentation linking your injuries to the slip and fall accident.
Get a Free Consultation From Our Baltimore Slip and Fall Accident Lawyers
Your initial consultation at Rice law firm is entirely free of charge, and you will never pay a dime unless we win money for you. Maryland places legal time limits, called “statutes of limitations,” on the amount of time within which you must file your claim. Missing a critical statutory deadline can mean losing your right to the recovery you deserve, so the time to get started is now. the sooner you retain Rice, Murtha & Psoras, the sooner we can get moving on our investigation of the circumstances of your case and begin preparing the powerful arguments that will maximize the odds of winning you a significant monetary award. Call and arrange a time to discuss your case today at our Baltimore or Lutherville, MD offices. (410) 694-7291.