Slip and Fall Lawsuits
If you were injured in a slip and fall accident at a business or on private or public property, you may be able to file a slip and fall injury lawsuit and get a financial settlement. The slip and fall lawyers at Penn Law Firm handle these types of premises liability cases on a regular basis. Contact our Baltimore slip and fall lawyers today at 443-475-0269 for a free legal consultation to see if you have a valid slip and fall lawsuit.
What Makes a Good Slip and Fall Lawsuit
Under Maryland law, all businesses and property owners have a legal obligation to ensure that their property is maintained in a safe condition for all guests or customers. If a guest or customer gets hurt by some sort of hazardous condition on the property like a wet floor or icy sidewalk, the business or property owner is legally responsible.
To have a good slip and fall injury lawsuit you really just need 2 elements:
Hazardous Conditions: to have a good case you need to be able to show that there was some type of potentially hazardous condition on the property that was not safe for visitors, such as a slippery floor or hole in the ground
Physical Injury: you need to show that you were actually physically injured by the unsafe condition on the property. Bruises or hurt feelings are not enough. You need provable, tangible injuries like sprains or fractures.
Where Do Slip and Fall Accidents Happen?
Slip and fall accidents can happen anywhere, but in order to have a good slip and fall lawsuit, you need to have someone to sue. Common defendants in slip and fall injury lawsuits include retail stores, shopping centers, restaurants, bars, and other places of public accommodation. Schools, movie theaters, hospitals, and similar establishments are also frequently sued in slip and fall cases. You can even sue the state or local government for negligently maintaining a public walkway or sidewalk.
The experienced slip and fall lawyers at Penn Law Firm can help you identify who the potential defendants might be in your slip and fall injury lawsuit. We can also help ensure that you get the best possible settlement in you case.
Causes of Slip and Fall Accidents
Any hazardous or unsafe condition on a property can potentially cause a slip and fall. However, certain types of hazardous property conditions are better for purposes of slip and fall premises liability lawsuits. Below is a list of some of the types of unsafe property conditions that are viable in a slip and fall lawsuit.
Wet or Slippery Floors: A wet and slippery floor is the classic example of a hazardous condition that a property owner can be held responsible for. This is where the term “slip and fall” lawsuit comes from. A slippery wet floor can be potentially dangerous because it is not open and obvious and a slip on a wet floor can result in very serious personal injuries. Wet, slippery floors cause 8 million emergency room visits each year in the U.S.
Snow or Ice on Walkways: Property owners have a duty to clear snow and ice off of sidewalks, stairs, walkways, parking lots and other areas of the property where customers or guest could potentially slip and fall. The law in Maryland is less favorable for plaintiffs when it comes to slip and fall cases involving snow and ice on walkways, but these are still potentially viable cases. A parking garage in P.G. County was hit with a $4.2 million verdict in 2002 for failing to clear ice and snow – causing the plaintiff to develop osteomyelitis.
Damaged Floors: Just like a wet floor or icy walkway, damaged flooring can be a hidden hazard that can cause serious injuries. Examples of damaged or unsafe floor conditions include gaps in floor board, gaps in in concrete sidewalks, or large gaps or rises in thresholds. Any of these conditions can cause people to trip and fall and generate a slip and fall lawsuit. A gap between the carpet and the bathroom threshold at a hotel resulted in a $1.5 million verdict against a hotel back in 2005.
Broken or Unsafe Stairs: Stairs can be potentially dangerous if not property maintained, especially when the staircase is located outside where it can get wet. Broken or loose handrails, cracked or crumbling steps, or steps that are slippery when wet have all been conditions that have resulted in slip and fall lawsuits.
Inadequate Lighting: If there is not enough adequate lighting for guests or customers to see potential tripping or other hazards on a property, the property owner can be held liable for negligently failing to provide adequate lighting. In 2004, an Outback Steakhouse restaurant in P.G. County was hit with a $160,000 slip and fall verdict because its restaurant was poorly lit and a customer fell.
Debris on Floors: The aisles in certain stores such as Walmart or Target can sometimes be a hazardous mess. Things fall off the shelves and never get picked up or moved out of the way, or things can be dangerously placed on the shelves waiting to fall on an unsuspecting customer.
Defenses in Slip and Fall Cases
Every personal injury case brings its own set of distinctive challenges, influenced by the specifics of the accident and the behavior of the injured party. Slip and fall lawsuits, in particular, present unique hurdles that often make them more intricate than many other personal injury claims.
Proving slip and fall accidents can be tougher and simpler to defend compared to other cases due to their focus on the condition of the property and the actions, or inactions, of the defendant. Consequently, individuals seeking to file a claim must provide our Baltimore personal injury attorneys with a candid and accurate account of the incident. Any exaggerations or omissions in the details significantly diminish the likelihood of a successful outcome.
One of the primary obstacles faced by slip and fall victims pertains to timing. Consider a scenario where someone slips on a slippery surface in a grocery store due to glass jars falling from a shelf. Despite the apparent cause of the accident, it doesn’t automatically establish liability for another party. If the jars fell just moments before the incident, without reasonable time for store personnel to address the hazard, the store and its employees may not be held responsible for resulting damages.
During winter, slips on icy surfaces are common. However, businesses typically have a reasonable timeframe to clear their sidewalks. Our Baltimore slip and fall attorneys must demonstrate the existence of an unsafe condition and the property owner’s negligent allowance for that condition to persist.
Defense attorneys aim to demonstrate the injured party’s contribution to the fall. They might inquire about the quality and age of footwear worn at the time of the incident, ascertain if the individual was attentive to their surroundings, or assess potential distractions like texting while walking. Factors such as the pace of movement can also be leveraged by the defense to shift the blame. Contributory negligence on the part of the injured party might disqualify them from receiving compensation in a civil claim.
What to Do After a Slip and Fall Accident
If you have a slip and fall accident and you are thinking about a potential lawsuit, you should try to take the following steps immediately after the incident to help your case. These steps assume you have the physical capability to take action. However, if you’re severely injured, immediate medical attention should be your priority. It is also important to keep in mind that its not necessarily to take these steps. You can still bring a slip and fall lawsuit if you don’t do any of these things, they just make it somewhat easier.
Take Pictures or Video
If possible, you should always take pictures or videos of the accident scene after a slip and fall. Documenting the property’s condition at the time of your fall is important. Whether it’s a supermarket slip, a damaged step, or a cracked sidewalk, capturing images of the cause of your fall is essential. Additionally, take pictures of the surrounding area, your footwear, and any sustained injuries. These images serve as valuable evidence depicting the circumstances of the incident.
Report the Accident
Whether the incident occurred at a business establishment or someone’s residence, promptly notifying the property owner or manager is always important. Failure to report the injury could jeopardize your chances of success in a personal injury lawsuit. If the fall transpired on commercial property, collaborate with the owner or manager to file a written incident report.
Get Medical Treatment
Even if you feel uninjured, seeking medical attention after a slip and fall is crucial. Some injuries might not manifest immediately after the fall. For future personal injury claims, having medical records linking your injuries to the slip and fall incident is pivotal.