Aggressive Advocacy for Victims of Slip and Fall Accidents
Protecting the people of Maryland since 1985
Property owners are required to keep their spaces safe. When you slip and fall, or trip and fall, on someone else’s unsafe property, the owner may be held liable for your injuries.
At Plaxen & Adler, P.A., we help people throughout Maryland when someone else is responsible for their falls. Our impressive track record includes winning the largest slip and fall verdict in Howard County history, and is one of the many reasons why we are the premier personal injury law firm in the state. Our thorough preparation for every case combined with our aggressive approach during settlement negotiations or during jury trials helps us help our clients in the most effective and efficient way.
Understanding how Maryland’s negligence laws work
Maryland has an incredibly strict law when it comes to personal injuries; it is one of only four states (plus the District of Columbia) which has contributory negligence laws on the books. Contributory negligence means that if you, as an injury victim, contributed to your own injury in any way, you may not be able to recover any compensation at all.
Therefore, in order to prove that your injury was the direct result of a property owner’s negligence, we must prove that:
A) The owner of the property was aware of the potential dangers of that property, and
B) The owner did not take steps to fix or change the areas that posed a threat, or
C) The owner did not provide adequate warnings about the potential safety hazards of the area
For example: if it snows, a store owner is responsible for plowing the parking lot and shoveling out any walkways to the store so long as the owner was aware that it snowed or could have been made aware of the snowfall by reasonable means; this falls under the doctrine of constructive notice. Therefore, if you fall on the property because of the snow and ice, you may be entitled to compensation because the owner should have known it was dangerous, and then failed to warn customers about that potential danger. If the owner does provide a warning and you then fall on the ice, you may not be able to collect compensation at all. Further, if a danger on someone else’s property is open and obvious and you injure yourself as a result of it you may not be able to collect compensation.
Another important consideration in slip and fall cases is determining who the owner of the property is. If the property is owned by the State of Maryland or a local government, then additional laws must be followed to ensure you can pursue your claim. The Maryland Tort Claims Act and the Local Government Tort Claims Act both require you to notify specific people within the state or local government about your injury; this notice must be given no later than 6 months after the date of your injury. This is a much shorter time period than there is for filing a lawsuit, which is generally three years in a slip and fall case. Failure to properly put the state or local government on notice can lead to your claim being barred.
The complex laws that govern slip and fall cases are why you need an experienced personal injury attorney to help you after an accident. Plaxen & Adler, P.A. has helped hundreds of people throughout Maryland recover the compensation they need to aid their recovery. Our ability to maneuver through difficult and arcane laws while still providing the highest ethical service is well-recognized by our peers and the judiciary all over the state. We understand exactly what it takes to build a winning slip and fall case.
Maryland’s trusted authority in slip and fall cases
Plaxen & Adler, P.A. protects fall victims throughout the state of Maryland. We work hard to ensure that you are compensated for the negligence of a property owner. To schedule a consultation, please call 410-988-4449 or contact us online.