A slip and fall accident is often mocked as a trivial matter that people exploit for large settlements. However, slip and fall accidents often lead to incredibly serious injuries that can have a life-long impact on victims. Victims of slip and fall accidents must act quickly, as there is a time limit on filing a personal injury lawsuit in Maryland. it is imperative to seek medical treatment right away so you can get your injuries assessed and we can determine the extent of your damages.
A slip and fall might be a minor inconvenience for some, but others are especially susceptible to injuries from a fall. the elderly and people with underlying medical conditions may be seriously injured after a fall. Do not let unfair public perceptions about slip and fall cases deter you from seeking justice and compensation.
Call Rice Law at (225) 258-2732 to review your case with our slip and fall lawyers.
Injuries from Slip and Fall Accidents
If you fall, you can be injured in a number of ways.
Minor Injuries
Bumps and scrapes may be the mildest of these injuries, potentially resulting in bruising or requiring some over-the-counter painkillers. You could also suffer cuts that need stitches to stop the bleeding, and you may potentially require help from a plastic surgeon to prevent scarring.
Moderate Injuries
When falling, many people try to catch themselves. This may mean extending your arm or leg, potentially breaking an arm, hand, wrist, shoulder, collarbone, leg, or hip.
Whether you catch yourself or not, you could also break a rib, your tailbone, or other bones. If you hit your head during the fall, you could face serious injuries. A concussion is a mild form of traumatic brain injury that could cause unconsciousness, nausea, mood changes, confusion, and other problems.
Severe Injuries
More severe traumatic brain injuries can result in personality changes, memory problems, cognitive and memory issues, motor control issues, and even death. You could require emergency medical care, especially if the head injury involves bleeding in the brain.
Falling can also cause serious injury to the back and spine.
If you twist or torque uncomfortably when you fall, you could slip a disc or suffer strains and other soft tissue injuries to your back and spine. More severe injuries could result in a broken bone in the neck or spine. In either type of injury, damage to the spinal cord itself could cause permanent, substantial injuries.
If the spinal cord is damaged, it can cause numbness, pins-and-needles sensations, weakness, and reduced motor control in the affected areas that connect to that portion of the spine. Severing the spinal cord altogether could result in paralysis.
“Slip and Fall” vs. “Premises Liability” in Maryland
If you were injured in a slip and fall, you might be able to sue the owner of the premises for the injuries you suffered.
Standards
A property owner is responsible for ensuring that guests and passersby on their property are not injured from hidden dangers. This often means putting up warning signs, repairing dangers, and clearing away leaves, debris, and snow. Alternatively, they can put up reasonably effective warning signs letting people know that an area is wet or slippery.
Breach of Duty
If the property owner fails to take these legally required steps, people on their property might not see hidden dangers and fall because of them. If this happens, the injured victim might hold the property owner responsible through a negligence lawsuit.
Failing to clear, repair, or warn about hidden dangers is considered a breach of the duty that the property owner owed the victim. The property owner might be held legally responsible for any injuries or damages that resulted from the negligence.
Specific Duty Owed
Their relationship with the plaintiff determines the liability of the premises owner. Places where people are expected to come and go as they please, such as retail spaces or public parks, often have a greater duty of care for the owners.
However, someone’s private property where no one is expected nor permitted to enter comes with a much less severe duty of care.
The damages you can claim may depend on where you were injured, who owned the property, and why you entered the premises in the first place.
Time Limit to Sue for a Slip and Fall in Maryland
In Maryland, the time limit to bring a civil action is referred to as the statute of limitations. Different types of actions may have different statutes of limitations, so it is important to speak to an attorney sooner rather than later about your case.
The Statute of Limitations
According to § 5-101 of the Maryland Code of Courts and Judicial Proceedings, personal injury cases, including slip and fall accidents, must be filed within 3 years of the accident.
Preparing Your Case
While three years may sound like a lot of time at first, some plaintiffs find it difficult to bring their lawsuits within the statutory period. Filing a lawsuit requires a lot of information, including medical assessments and treatment from medical professionals. The time it takes to gather all the necessary information may be longer than anticipated. However, it may be possible to buy extra time.
Exceptions
Certain conditions allow plaintiffs to toll the statute of limitations and effectively buy themselves more time. For example, plaintiffs who are mentally disabled or incompetent may have additional time to file their lawsuit.
For example, a plaintiff who suffered a head injury after a slip and fall accident might end up in a coma. An unconscious patient obviously cannot file a lawsuit, so the statute of limitations would be tolled until they awoke and could file.
Status on the Property
When someone is injured on another person’s property, why they were there might change the duty that was owed. With a high duty of care, the defendant is responsible for even slight errors or issues, while a lower duty of care might mean what they did was not enough to qualify as negligence.
Invitees
When someone is invited to the property for the benefit of the owner – such as a client visiting an office or a patient visiting a dentist – then the property owner owes them a heightened duty.
Here, they must make a reasonable search for hidden dangers that could injure the invitee, then warn about them or clear/repair them.
Licensee
If you were merely allowed to be on the property, then you are a licensee. This covers things like a guest at a friend’s house or someone using a friend’s vacation house for the weekend. Licensee status also typically covers someone walking up to a house on their front walk or past a house on a sidewalk.
In this situation, the property owner owes the licensee only “the barest duty” to repair or warn about hidden dangers they already know about. Some cases are won and lost based on successfully classifying the victim as an invitee instead of a licensee or vice versa.
Trespassers
If you are not allowed on the property, then you are owed no legal duty, except that the owner has to avoid hurting you on purpose. This means no setting of traps, but does not require warning about hidden dangers.
Can You Sue for Injuries in Stores?
Stores are open to the public. Customers and people who are “just browsing” are all allowed to come inside. The store owner should clear up hidden dangers they know about and warn about other dangers, such as spills.
If you are injured, you can sue the property owner
Do You Sue a Landlord or the Tenant?
In both commercial and residential buildings, there may be a landlord separate from the person renting or leasing the property. Often, their lease agreement will dictate who is responsible for which areas. Depending on where you fell, it might be one party or the other’s fault.
Falls in Apartments
Falls inside an apartment unit will often be the tenant’s fault. The landlord is not responsible for everyday care inside the unit.
Falls in Stores or Businesses
The same is true in stores or other businesses in a rented commercial space: the business operates the space, not the landlord.
Parking Lots and Sidewalks
Parking lots and sidewalks at both residential and commercial buildings are often maintained by the property owner. This includes lots or sidewalks at an apartment complex or shopping center.
If the entire property is rented, then the renter might be responsible instead. This is common with rented homes or stores where the entire lot is one store.
Common Areas
Common areas like stairs or laundry rooms might the landlord’s responsibility, too.
Injuries on Public Property
An injury on public property is unique because the defendant is a state or local government. Public property must always be safely maintained because the government can reasonably expect people to be using the property at any time.
You cannot unlawfully trespass on property that is open to the public, so that defense is unavailable to the government.
What if You Share Fault for Your Slip and Fall in Maryland?
There are instances where you can share fault for a slip and fall. For instance, you may be partially to blame if you ignored a warning sign for the hazard that caused your accident. Further, you may be somewhat responsible if you were wearing inappropriate footwear.
Unfortunately, in Maryland, you cannot pursue compensation if you are found to have played any role in causing your accident. Defendants in slip and fall cases often attempt to shift blame onto plaintiffs, but there are many ways this kind of argument is inappropriate or not backed up by evidence.
Proving Fault in a Slip and Fall Accident in Maryland
To recover compensation in a slip and fall lawsuit, you must be able to prove that your accident happened because of the defendant’s negligence. The following are all examples of evidence that may be used to establish fault in your case:
Security Video
Surveillance footage from private security cameras is one of the more valuable types of evidence used to prove fault for slip and fall accidents. In many cases, such footage can help explain the events that unfolded before, during, and after an accident. Accordingly, reviewing surveillance footage can help lawyers and insurance companies gain a clearer picture of how or why an accident occurred.
For example, footage from a security camera at an office building may show that a delivery driver slipped and fell on loose wiring across the floor. Further, footage from a doorbell camera may prove that a victim slipped and fell because ice accumulation at an entranceway. In either case, the injured party may have a valid claim against the at-fault property owner.
Witness Statements
Like surveillance footage, witness statements can help identify how or why slip and fall accident happened. An eyewitness can offer both written and oral testimony that helps determine the cause of such an accident. For instance, a worker on a construction site may state that they saw a coworker slip and fall because of a staircase’s broken handrail. Therefore, you should always attempt to retrieve contact information from potential witnesses to your slip and fall if you can.
Physical Evidence from the Scene
Physical evidence from the scene of your slip and fall can also be used to prove fault. For instance, if you slipped because of a mat that lost its grip, then the mat may be brought into court to prove that it was not functioning properly.
Further, physical evidence from the scene may be used to disprove a defendant’s alternative theory of fault. As an example, the defendant in your case may assert that your slip and fall occurred because the shoes you were wearing lost their grip. In that case, you could bring the shoes you were wearing into court to prove that their tread was still intact.
Photos from the Scene
You should attempt to take photos at the scene of your slip and fall accident if possible. Photos from the scene are another form of evidence that may be used to prove fault. For example, a photo from the scene depicting a wet spot on the floor may help establish why your slip and fall happened.
Personal Recollection
Finally, you should write down your personal recollection of your slip and fall accident while your memory is fresh. The details you record may be very valuable when building your case against an at-fault party.
Damages for Slip and Falls in Maryland
When you sue for damages in a slip and fall lawsuit in Maryland, you can claim any damages related to the injury.
Medical Bills
Medical care can be very expensive to treat even minor injuries. If you have more severe injuries, such as a concussion or back injury, it could be something you cannot even afford without filing a lawsuit.
Lost Wages
If your injury keeps you out of work, that is also something you can seek compensation for. The defendant is responsible for all economic effects you face, including lost earnings.
Pain and Suffering
In addition, you can also claim damages for intangible harms, such as the mental suffering and emotional distress of the injuries, as well as the physical pain and discomfort you faced. These are usually grouped under the header of “pain and suffering.”
Different Damages for Different People
The extent of your damages and how much money your case could be worth will depend on the severity of your injuries. A serious fall that requires surgery to treat will be worth more than a fall that resulted in a sprained ankle. Additionally, a person who works on their feet, such as a factory employee, might miss work due to their injuries.
However, an office worker who spends most of their time in a chair behind a desk may have an easier time returning to work and might not claim damages for lost wages.
The Process of Settling a Slip and Fall Case
Not every slip and fall case will end with a full-blown trial. Many cases end in settlement agreements.
Settlement Agreements
A settlement agreement is when the defendant agrees to pay the plaintiff at least some of their damages, and in exchange, the plaintiff agrees to drop the case. Once a settlement is reached, the plaintiff is barred from ever bringing the lawsuit again.
Assessing Damages
To negotiate effectively, we must understand how much your case is worth.
Many different factors and circumstances will determine your case’s worth. Of course, the cost of your medical bills and any necessary treatments will play a significant role.
However, there are more subjective issues that can determine your case’s worth. For example, pain and suffering are experienced differently by different people. If your accident was particularly painful or traumatic, your damages for pain and suffering might be worth more.
Negotiating
Before entering settlement negotiations, it is important to understand how much your case is worth. Defendants often try to settle for less than what a plaintiff wants. Our goal when negotiating a settlement is to get as many damages covered as possible.
Check with a Lawyer Before Settling
You should never accept a settlement from the defense without having a lawyer review it. Early on in the case, insurance companies often give low offers that will not cover your needs. Have our lawyers reject the offer, negotiate, and try to raise the settlement.
Going to Trial
If they refuse to settle, we can file the case in court and continue working toward trial. They can also settle before we get to trial, but if they still refuse, we can put the case on before a judge and jury.
Common Causes of Slip and Fall Accidents in Maryland
There are several different types of hazards that can cause slip and fall accidents. The following are all examples of hazards that regularly cause such accidents in Maryland:
Wet Floors
When spilled liquids are not attended to, devastating slip and fall accidents can occur. For example, a shopper may sustain a harmful accident because they slipped on a wet spot in the aisle of a grocery store. If the employees at the store ignored the spill and did not put up appropriate signage warning customers of the hazard, then the store owner may be liable for the victim’s injuries.
Ice
Ice accumulation is another common source of slip and fall accidents. When property owners do not clear ice from walkways, visitors can sustain serious injuries. For example, if a hotel owner does not clear ice from their building’s entranceway, a guest may suffer a painful slip and fall. In that case, the hotel owner may be sued for damages stemming from their guest’s accident.
Poor Lighting
Slip and fall accidents can also occur because of dim lighting. As an example, a tenant may sustain a catastrophic slip and fall because their apartment’s owner did not fix a broken light fixture in their building’s stairwell. After such an accident, the apartment owner could be held accountable for the tenant’s injuries.
Potholes or Cracks in Sidewalks
Furthermore, a high number of slip and fall accidents occur as a result of potholes or cracks in sidewalks. In the aftermath of such an accident, our slip and fall attorneys will review your case to determine if you can bring a lawsuit against an at-fault party.
Exposed Wiring
Exposed wiring is another common cause of slip and fall accidents. Workers often slip on loose wiring when walking through office buildings, construction sites, and other places where electrical cords may be strewn across the floor. Thankfully, victims of accidents caused by loose wiring may be able to pursue financial compensation for the harm they endured.
Broken Handrails
Property owners can also cause slip and fall accidents by failing to repair broken handrails along walkways and staircases. Additionally, senior citizens may slip and fall in the shower because they tried to grab onto a broken handrail. If your harmful slip and fall occurred as the result of a broken handrail, then you may be able to pursue multiple forms of monetary damages.
Loose Mats and Floorboards
Finally, loose mats and floorboards are also a common source of slip and fall accidents in Maryland. For instance, a patron at a restaurant may be injured because they slipped on a loose mat while walking to the restroom. Further, someone may sustain a harmful slip and fall because of a loose floorboard on a dock. In either case, the victim may be able to file a lawsuit seeking payment for their injuries.
Do You File an Insurance Claim or Lawsuit
Many property owners have insurance to cover injuries on their property. This allows you to file a claim through that process.
If the insurance company denies the claim, we can negotiate and file a lawsuit. The insurance company still pays damages if you win in court instead of accepting a settlement offer.
Can You Sue for Trip and Falls?
Trip and fall accidents largely follow the same kinds of rules. The legal assessment about the owner’s duty and breach is all the same as in slip and falls.
Can You Sue the Government for a Slip and Fall?
If you fell on government property, you can sue for damages. However, damages against the government are limited under Maryland law.
Are Sidewalks Public Property?
Sidewalks are “public” in that property owners do not usually own the sidewalks, and they cannot keep people from using them without their permission. However, daily maintenance like sweeping or shoveling is not usually the city or local government’s responsibility.
Instead, homeowners and business owners adjacent to the sidewalk are responsible for proper upkeep, like clearing ice and snow. For sidewalks in front of a government building, like a school or courthouse, or in a public area like a park, the government would be responsible for shoveling and salting.
What if the Defendant Cannot Afford Damages?
Individual renters or homeowners might not have the money to pay your damages out of pocket if they have no insurance. In many cases, we can have them set up a payment plan or pay partial damages, recovering the unpaid amounts over time.
When accidents happen on someone’s property that they own, and they cannot afford damages, we may also be able to have the property “attached” to the case to satisfy the debt.
Call Our Maryland Slip and Fall Accident Attorneys Today
Call Rice Law today at (410) 694-7291 for your free case evaluation with our slip and fall lawyers.