Montgomery County, MD Slip & Fall Lawyer

Falling down can lead to mild injuries, but for many, the result is serious head injuries, back injuries, or broken bones that leave them with surprisingly high medical bills and maybe even time away from work.  If you were hurt in a slip and fall accident, you should get legal help right away.

Our attorneys help hold property owners, stores, restaurants, homeowners, and businesses responsible for accidents on their premises, including those from slip and falls.  We can help you fight insurance companies and negotiate a fair settlement for your specific needs.

For a free evaluation of your injury case, call our slip and fall lawyers at Rice, Murtha & Psoras at (410) 694-7291.

Suing for Slip and Fall Accidents in Montgomery County, MD

In many cases, you are permitted to file a lawsuit against a property owner for injuries sustained in a slip and fall or trip and fall accident.  These cases often work on a legal theory of “negligence,” require certain evidence, and result in damages determined by the jury.

Negligence Elements

An injury case based on negligence alleges that the defendant was responsible for the accident because they breached a duty they owed you, causing your injuries.  The duty in some cases is based on a specific law, such as local rules saying when snow needs to be cleared off sidewalks.  However, most times it is based on the relationship between the victim and the defendant and what the defendant must reasonably do in that situation.

In most situations, the injured victim will be a customer at the premises where they were injured, such as a patron at a shop, restaurant, bar, grocery store, or other business.  In these situations, the property owner must clean up spills, dangerous flooring, and other hazards – or at least give the customer an adequate warning – to help prevent injuries.  In cases where the victim was a guest in someone’s home for non-business purposes, the property owner still has a duty to prevent hidden dangers from injuring their guest.

A breach of these duties resulting in a slip and fall is the core thing your slip and fall lawyer will allege in your case, then we just need evidence to prove the claim.

One important issue is that Maryland law blocks cases where the victim is considered partially at fault.  This is a common defense our lawyers will have to overcome in many cases.

Evidence and Burden of Proof

In most cases, your testimony is going to be the main evidence.  You can get on the stand and tell the jury what happened, and if they believe you, you can win your case.  The property owner might have their own testimony, however, so objective evidence is often more powerful.  Your injuries are themselves evidence of the accident happening, as is testimony from other witnesses, security camera footage of the slip, and photos of the scene where you fell.

For you to win your case, you need to win the jury ever so slightly to your side; you do not need to prove the case beyond a reasonable doubt in a civil injury claim.  People sometimes call this a “51% standard” or a “more likely than not” standard, but the technical term is a “preponderance of the evidence” standard.


The jury determines your damages – or the judge if you elect for a bench trial without a jury.  However, they usually base their final calculation on the evidence presented by both sides.  This means it will be important for us to analyze your damages, calculate how much the case should be worth, and put an accurate value on your claim so the jury can base their calculations off our work.

We will also include compensation for pain and suffering in our claim, pushing for damages for the pain, mental anguish, emotional damages, and other harm you faced that cannot be captured in bills and financial statements.

When to Settle a Personal Injury Claim for Slip and Falls in Montgomery County, MD

Statistically speaking, nearly 98-99% of injury cases settle rather than going to trial.  What this means is that our lawyers will focus primarily on negotiating with the insurance company and the defendant’s attorneys.  In many cases, we will still file in court and pursue your case through the legal system in case negotiations break down or to apply added pressure to the defense to settle, but the first focus will be negotiating a strong settlement.

When you settle a personal injury claim or an insurance claim with the defendant’s insurance, the settlement is the end of your case.  You cannot accept some money from their insurance and then decide to go back and sue for additional damages; your case ends when you settle.

Because of this it is essential not to accept any money from the defendant or their insurance company and not to sign anything without having a lawyer review it.  Insurance companies often start out with low-dollar offers to try to end a case quickly without paying you enough for your damages.  In slip and fall cases, your injuries are often going to be expensive to treat if you faced head, neck, or back injuries, and insurance companies often try to dodge those expenses by pressuring you to settle early, but our lawyers can fight this for you.

When we step in, we can try to negotiate better offers, potentially ending your case with a good, strong settlement before the case ever goes to court.  If the insurance company refuses to accept blame or settle at a fair value, we can take your slip and fall case to court.

Call Our Slip and Fall Attorneys in Montgomery County, MD Today

For a free case evaluation, contact Rice, Murtha & Psoras’ slip and fall lawyers immediately by dialing (410) 694-7291.