If you or a loved one slips and falls on someone’s property, it is a good idea to look into your options for receiving compensation for any injuries sustained from the fall. It is crucial that you reach out and receive professional help for these types of accidents, especially if the property owner’s negligence played a role in the slip and fall. One may file an insurance claim after the accident, or take it to the court and file a lawsuit regarding personal injury. There are a few Maryland laws that can affect the outcome of a slip and fall case. Contact our Ocean City personal injury attorney today.
Statute of Limitations on Slip and Fall Cases in Maryland
Two important laws in Maryland regarding slip and fall accidents are the statute of limitations and shared fault rules. These two rules can wipe out one’s compensation if you hold a specific amount of accountability for the accident. The statute of limitations is a law that places a limit on the victim’s right to be heard in court. For example, if you try to bring the case to the court after the deadline passed, the property owner will bring it to the court’s attention and use this to their advantage. In most cases, the court will dismiss the case and you will be left with no compensation. It is important to keep in mind that in the state of Maryland under the code section 5-101, the civil lawsuit for personal injury must be filed within three years of the accident occurrence. Furthermore, this allows the plaintiff to take the time to get the complaint filed in court.
On the rare occasion that someone dies from a slip and fall accident, their family will file a wrongful death lawsuit with the deadline remaining three years. The only difference in these types of wrongful death cases is that the time to file the accident starts on the date that the victim died. This law varies from state to state.
The three-year deadline also applies to someone who experienced property damage after a slip and fall accident. Maybe the person who slipped and fell damaged an expensive bracelet or watch at the time of the accident. He or she will most likely ask the court if the property owner is applicable to pay for the repair of the damaged property.
How Negligence is Proven in a Slip and Fall Case
The success or failure of a slip and fall case will depend on one’s ability to prove that the property owner is negligent in the accident. Furthermore, all evidence will be reviewed in the courts to determine if the property owner’s lack of care for the property provoked the accident. Property owners should always ensure that their property is safe to avoid slip and fall accidents. If a property owner is aware of a dangerous section of his or her property but chooses to not address it or make it known to the public to avoid the area, the property owner can be held liable for the accident. To establish liability for these types of cases in Maryland, you must be able to prove duty, breach of duty, causation, and damages.
If you are filing an injury claim for a slip and fall case in which you believe that the property owner holds liability for the accident, be aware that the property owner will most likely argue their side of the story to prove themselves innocent. Regardless of where you live, this happens in almost every personal injury case. In the state of Maryland, you and your Aberdeen personal injury attorney must build a case against the property owner to ensure that he or she is negligible for the accident. In Maryland, when slip and fall cases go to trial, the property owner can put blame on the victim of the slip and fall accident, which will result in a lack of compensation.
It is important to also be aware of comparative negligence and if it will affect your slip and fall case. Comparative negligence is when the person who fell brings the lawsuit to the courts and also holds partial accountability for the accident. Additionally, any liability that the victim holds for the slip and fall will be measured and reviewed which can ultimately lessen his or her compensation. Maryland does not follow the comparative negligence rule, but many states do. Maryland follows contributory negligence, which is a less friendly version of comparative negligence. If the victim of the accident is found to be partially liable for the slip and fall, he or she will not receive any compensation under contributory negligence.
It is important to be aware of the potential claims a property owner may make against the plaintiff:
- The victim fell on a part of the property where visitors are not allowed.
- The victim was found to be wearing inappropriate footwear which may have caused the slip and fall.
- The victim was not paying attention at the time of the accident.
- The dangerous weather or property conditions should have been recognized by the victim.
A few of the most common injuries sustained from a slip and fall accident are brain injuries, broken bones, neck and back injuries, knee injuries, and muscle injuries.
A Maryland slip and fall lawyer can help you or a loved one get back on their feet and recover the losses they experienced from this type of accident. You want to be fully prepared when entering trial for slip and fall accidents. It is crucial that you contact the Baltimore personal injury attorneys at Rice, Murtha, and Psoras Trial Lawyers today to receive professional help.