Liability in a slip and fall accident is not always clear-cut. It is common for defendants to claim that you were at least partially at fault for your injuries.
If you were partially to blame for the accident, Maryland’s strict contributory negligence rule would bar you from recovering a single dollar. However, you should not let that stop you from reaching out to our attorneys so you can know for sure the impact your conduct will have on your case. Even if you do share fault, our team might be able to argue exceptions where your liability will not be an issue, like if the defendant intentionally caused your slip and fall accident. If the defendant is lying, misremembering, or stretching the truth, we can likely get to the heart of the matter in your lawsuit.
Contact Rice, Murtha & Psoras at (410) 694-7291 to receive your free case assessment with our slip and fall accident lawyers.
Will I Be Able to Sue for a Slip and Fall Accident in Maryland if I Am Partly to Blame?
While you can file a lawsuit for a slip and fall accident in Maryland, you cannot recover compensation if you are partially at fault. Unfortunately, Maryland still adheres to the traditional common law rule of “contributory negligence.” This is a much harsher rule than what is typically employed around the country today. Most states now use a “comparative negligence” model that apportions the percentage of fault between the plaintiff and defendant. This comparative rule allows plaintiffs to recover damages even if they are partially liable for the accident.
Maryland’s contributory negligence rule, on the other hand, is so outdated that only three other states, including Washington, D.C., still use it. In Maryland, if you are found even 1% at fault for your slip and fall injuries, you will be denied compensation. The property owner could be 99% responsible for seriously dangerous conditions on their premises, and it still would not matter.
However, that does not mean that you should not pursue your case. Our Baltimore slip and fall accident attorneys can help determine how your actions could be used against you and help prove that you were in no way responsible for your injuries. Every case is different, and liability often turns on highly arguable facts. What is most important is to get your case started immediately so we have the best chance to get evidence that clearly shows how the accident occurred.
Common Ways Defendants Argue Partial Fault or Contributory Negligence in Maryland Slip and Fall Lawsuits
Liability in most slip and fall claims is highly contested as defendants and insurance companies will use any fact they can to fight it. They might say you were distracted or knew what you were getting into when you walked into the area. However, their claims are often not backed up by evidence, so it is very possible we can overcome them. Still, be aware of your surroundings so the following arguments cannot be used against you later:
You Were Distracted
With most people’s heads down looking at their phones, claims that they were distracted when they slipped and fell have become a go-to for defendants trying to escape responsibility. They might claim you were looking at your phone or had your head in the clouds, causing you to miss the dangerous condition. However, you could not have slipped in the first place had they not left the hazard there.
It can be hard for a defendant to prove you were not paying attention, and we might be able to find evidence to fight their claims. For instance, if you are adamant that you were not on your phone when the accident happened, but the defendant claims you were, we can obtain your phone records to show that no calls or texts were received during that time.
You Knew the Risks
Assumption of the risk is another common defense. A defendant might claim that you knew the risks involved and took your chances anyway. Perhaps you were walking through a property during a snowstorm when you were injured. The defendant would argue that you should have waited until they had a chance to clear the snow and ice.
In other cases, a plaintiff might have been horseplaying or running down a sidewalk. The defendant would likely claim that you knew what could happen by engaging in that conduct.
You Were Intoxicated
Public intoxication could also be used against you if you had a few drinks before being injured. It is not illegal to be a little tipsy in public, but you are still responsible for your safety. If you tripped walking home from the bar or at the bar itself, you might be found partially at fault if the defendant can prove you were drunk.
You Created the Hazard
If you played a part in creating the dangerous condition that injured you, you might be totally at fault rather than just partially. For example, perhaps you spilled something while shopping at the store and did not notify staff. Sometime later, you come back to the area and slip into the spill. It might be true that the store owner had the time to clean the mess before you could trip in it, but that would not excuse your own role in the accident.
How to Fight Claims of Contributory Negligence or Shared Fault in a Maryland Slip and Fall Case
While Maryland’s contributory negligence rule presents significant challenges to recovering compensation in slip and fall cases, it is not impossible to challenge. One way our attorneys will fight negligence claims against you is to show the court that your injuries were caused by the defendant’s willful or grossly negligent conduct. If the defendant purposefully tripped you or their actions were so negligent that they shocked the conscience, the contributory negligence standard should not apply.
Another method to fight these claims is to argue that the defendant had the last clear chance to avoid the accident. In Maryland, the “last clear chance” doctrine will be applied if the defendant knew or should have known about the dangerous condition and had the time or opportunity to warn the defendant or address the hazard.
For example, you might see coffee spilled on the ground but not too close to you. After preparing your coffee, you absentmindedly walk towards the spill. At that same time, the property owner sees the spill, and you walk toward it, but does not bother to warn you. Here, we could show they had a clear opportunity to avoid the accident even if you were somewhat negligent.
Call Our Maryland Slip and Fall Accident Attorneys
For a free case review with our Essex, MD slip and fall accident attorneys, call Rice, Murtha & Psoras today at (410) 694-7291.