Slip and fall accidents are a leading cause of serious injury in Baltimore, Maryland – particularly during the winter months. These accidents can result in thousands of dollars in medical bills and other damages. The bad thing about premises liability cases is that they can be difficult to prove. Insurance companies and their adjusters oftentimes dispute liability (i.e. fault) for these accidents, alleging that the injured person caused or contributed to the accident. Since Maryland is a contributory negligence state, if the insurance company can show that the accident victim contributed to the accident by as little as 1%, such as by failing to notice or read a warning placard, then the accident victim is entitled to $0 in recovery.
If you or someone you love has sustained injuries in a Baltimore slip and fall accident, you need a knowledgeable personal injury lawyer on your side representing you throughout your entire case. Baltimore attorney Randolph Rice can meet with you to discuss the facts and circumstances of your slip-and-fall case, negotiate with the insurance company on your behalf, and take your case to trial, if necessary.
Statute of Limitations on Premises Liability Claims in Baltimore, MD
A statute of limitations deadline serves as the cutoff date for filing a claim or lawsuit in a slip-and-fall case or other personal injury matter. The statute of limitations deadline in Maryland for slip and fall cases – as with all personal injury cases – is generally 3 years from the date of the accident or injury. If a claim or lawsuit is not filed within that three-year statutory time period, absent some extremely limited exceptions (such as where the accident victim was a minor at the time of the accident), the injured accident victim is forever barred from making a claim, filing a lawsuit, or seeking any type of monetary recovery for injuries and damages sustained in the accident.
Given the short window of time, it is essential that you contact an experienced Maryland slip and fall lawyer as soon as possible after sustaining your injuries. Baltimore attorney Randolph Rice has filed hundreds of personal injury lawsuits and is well aware of the applicable deadlines and time limitations. He can ensure that all lawsuit paperwork is filed in a timely manner and that the responsible parties are properly brought into your case.
Common Locations for Baltimore Premises Liability Accidents
Slip and fall accidents can occur almost anywhere – both indoors and outdoors. During the winter months, slip-and-fall accidents increase, due to snow, ice, and freezing rain. Some of the more common locations for Baltimore, Maryland slip and fall accidents include the following:
- Grocery stores
- Parking garages
- Parking lots
Potentially Responsible Parties
Baltimore, Maryland premises liability cases sometimes have several individuals or entities who can potentially be held responsible for the accident. These potentially responsible parties may include individuals, corporations, and governmental entities, such as cities, counties, or local governments. When a governmental entity is a potential defendant in a Maryland premises liability or slip and fall case, it is important to keep in mind that a shorter statutory filing or notice deadline may apply. Attorney Randolph Rice will be able to ensure that all notice deadlines are met in a timely manner and that all filings are complete.
Proving Liability and Damages in a Baltimore Premises Liability Case
In Baltimore, Maryland slip and fall cases, the injured accident victim is responsible for showing that the owner or occupier of the property owed a duty to individuals on the premises and that this duty was violated, thereby resulting in his or her injuries and damages.
- Duty of Care – This means that the owner or occupier of the property owed a legal duty to visitors on the premises, including the injured plaintiff. The extent of this legal duty depends upon the person’s reason for being on the premises at the time the accident occurred. For example, a business invitee, such as a customer at a store who is on the premises for business purposes, is generally given a higher duty of care than a social guest at someone’s home or a trespasser on the premises would be.
- Breach of the Duty of Care – In a nutshell, this means that the premises owner violated the duty of care. Duty of care violations can take many forms, such as failing to clean up a spill on the floor, failing to warn of a known dangerous condition, or failing to cure a known defect, such as a loose or broken staircase or railing.
- Causation – The injured accident victim must be able to show that the land owner’s violation of the duty of care directly resulted in injuries and damages to the slip-and-fall accident victim.
- Damages – Injuries resulting from slip and fall accidents can be very serious and may include fractures, broken bones, traumatic brain injuries (TBI’s), and other long-term and potentially permanent impairments. If the injured accident victim is able to prove damages, he or she may be able to recover payment of medical and physical therapy bills and lost wages, as well as monetary compensation for pain and suffering, emotional distress, mental anguish, loss of spousal support, future care damages, and death benefits, where applicable.
Attorney Randolph Rice can help you to prove all of the legal elements of your Baltimore, Maryland premises liability case, including your damages.
Call a Baltimore Premises Liability Lawyer Today for a Free Consultation
Slip and fall accidents can bring about very serious – and sometimes catastrophic – injuries and damages. If you have been injured in a slip and fall accident as a result of someone else’s negligence, Baltimore personal injury attorney Randolph Rice is ready and willing to take on the insurance company, litigate your case, and help you recover full and fair compensation for your injuries and damages. To schedule a free consultation and case evaluation with a Baltimore, Maryland premises liability lawyer, please call us today or contact us online.