Determining liability for slips, trips, or falls is crucial, as, without doing so, victims cannot seek compensatory damages in Maryland.
To figure out who is ultimately to blame for a slip and fall in Maryland, our lawyers will start by reviewing who was involved, including anyone who might have witnessed it. We will also need to know where exactly the accident happened, as the property owner will likely be liable due to negligent maintenance. We will then need to know what caused the accident, whether it was a broken railing, loose floorboard, or spilled drink, to determine how the negligent party breached their duty of care. After determining liability, we have to prove it, which requires evidence. If your case goes to court, our lawyers can use a combination of eyewitness statements, surveillance footage, and photographs to show the defendant’s liability to the jury.
Call Rice, Murtha & Psoras at (410) 694-7291 for a free case assessment from our Maryland slip and fall lawyers.
How Our Lawyers Determine Liability for Slip & Falls in Maryland
When determining liability for a slip and fall in Maryland, our lawyers may ask various questions to ascertain who was involved in the accident, where it happened, and its cause, whether it is a broken floorboard or icy walkway.
Who Was Involved in the Accident?
First, our lawyers may ask who was involved in the accident. Sometimes, slip and falls seemingly involve no one but the victim. For example, victims might trip down empty stairwells due to poor lighting or faulty handrails. If no one was around to see the accident or no one else appeared involved, you might not automatically assume the accident was due to negligence.
Unlike some other personal injury lawsuits, slip and falls sometimes happen because of inaction on the negligent party’s behalf. For example, failing to clean up a spilled drink in a restaurant could lead to an accident, which could lead to an accident that might not seem to involve others directly, even if the staff’s negligence in failing to address the spill caused the event. These types of accidents might happen in plain view of witnesses, whom our lawyers can quickly interview to ensure we preserve their statements. Eyewitnesses might be able to help fill in the blanks when building your case.
Where Did the Accident Happen?
The accident’s location can point to liability for various reasons. For one, slip and fall accidents are typically due to negligent property maintenance, meaning the property owner might be liable. Because of this, tell our Baltimore slip and fall lawyers exactly where the accident happened so that we can track down the owner. For example, you will know the owner if you tripped at a neighbor’s home. But, if you fell in an office building stairwell, you may not know the building’s owner.
Furthermore, knowing where the accident happened gives us the information we need to survey the location for any apparent surveillance systems or other evidence.
Why Did the Accident Happen?
When discussing why the accident happened with our lawyers, be as specific as possible, as this will likely indicate liability. Slip and falls occur because of hazards or defects on properties, which might vary dramatically from case to case. We can start by identifying the defect or hazard in your specific case and determining whose responsibility it was to address that defect. For example, if you slipped on icy steps leading up to your apartment building in Maryland, and your lease stipulates that maintaining common areas is the landlord’s responsibility, your landlord would be liable for the accident.
Don’t reduce a slip and fall accident to your own clumsiness or mistake. Looking closely at what exactly happened and why might show that a property owner is liable for your injuries and damages.
How Can You Prove Liability for Slip and Fall Accidents in Maryland?
In Maryland, property owners are generally liable for slips, trips, and falls caused by negligence. Once we determine liability for your injuries, we must organize evidence to prove it so you can get the compensation you require.
Eyewitness Statements
If you were hurt in a clothing shop, grocery store, office building, restaurant, or elsewhere, the property owner might not even be present for the accident. However, eyewitnesses can help prove their liability by testifying to what they saw firsthand. For example, if someone witnessed you trip over a broken tile in the lobby of your apartment building, they could provide a statement confirming that the broken tile, which would be the landlord’s responsibility to fix per their duty of care, was the reason for your fall and subsequent injuries.
Surveillance Footage
Apartment building common areas, retail stores, shopping malls, restaurants, and many other establishments have surveillance systems in place. When victims act quickly enough and contact our lawyers immediately, we can aim to preserve video footage from surveillance cameras on the negligent party’s property. Footage might confirm the accident’s cause exactly as it is laid out in your claim.
Photographs
Property owners often try to avoid liability for injuries by claiming that they warned the victim of the hazard verbally or through posted signage. If successful in arguing that the victim should have practiced reasonable care themselves but failed to do so by ignoring the warnings, the defendant might not have to pay the victim any damages per Maryland’s pure contributory negligence rules.
To avoid these possible issues, victims should photograph an accident scene. Take pictures of the area showing a lack of signage. If there was a sign but it was hidden or difficult to see, photograph that for evidence. Since the negligent party likely owns the property on which you were injured, they might have access to clear the scene quickly, and taking photographs is the surest way to preserve evidence.
Call Our Attorneys in Maryland to Discuss Your Case
Call Rice, Murtha & Psoras’ Ellicott City slip and fall lawyers at (410) 694-7291 for a free case review.