Who’s Responsible for a Slip and Fall on City Streets?

Slip and fall accidents are some of the most common cases encountered by personal injury attorneys in Maryland and across the country. In fact, according to the National Floor Safety Institute, slip and fall incidents account for roughly one million emergency room visits every year and are the leading cause of workers’ compensation claims.

While slip and falls can happen anywhere, incidents that occur on public city streets can pose particular challenges when it comes to determining who is responsible. If you’ve suffered an injury due to unsafe sidewalk conditions in the State of Maryland, you may be entitled to compensation for your medical expenses, as well as pain and suffering. Let’s discuss who is at fault for slip and fall accidents on city streets and explore how a skilled slip and fall lawyer can help injured parties recover the damages they deserve.

The dangers of slip and fall accidents

As we’ve discussed, slip and fall accidents are incredibly common and can impact individuals of all ages, backgrounds, and abilities. On average, however, those who are over the age of 65 tend to be more prone to experiencing falls that result in serious bodily injury, with falls currently the leading cause of injury-related death for people ages 65-84.

The dangerous consequences of slip and fall accidents are not limited to the elderly population, however, and can lead people of all ages to sustain serious injuries like the following:

• Fractures
• Concussions
• Spinal cord injuries
• Back injuries
• Sprains and strains
• Bruises and hemorrhages

All of these injuries can have a lasting impact on accident victims and, in extreme cases, can even result in death. Whether you recently experienced an injury from a slip and fall accident or are experiencing ongoing health challenges related to a fall that occurred on a public street within the last three years, you may be entitled to seek compensation from the city.

Where do slip and fall accidents typically occur in Maryland?

Slip and fall accidents can take place just about anytime and anywhere. However, some conditions might lead to an increased frequency of these potentially dangerous incidents. In Maryland, residents and visitors alike may be at an increased risk of slipping and falling in popular areas of Baltimore like Fells Point and Mount Vernon, where there is a lot of foot traffic.

Outside of Baltimore, the heavily populated villages of Columbia may also be hotbeds for public slip and fall accidents. Whether you’re taking a stroll through the historic neighborhoods of Baltimore or traversing Columbia’s retail spaces, open-air parks, or famous pedestrian bridge, a slip and fall accident can not only derail your visit but disrupt your life for weeks and months to come.

Maryland’s tempestuous wintry weather can further compound the potential for life-altering slip and fall accidents across the city and its suburbs. With slip and fall accidents reaching their peak during the winter months, it is even more critical for local cities to prioritize the safety of their busy streets to help protect pedestrians during this time.

Who is liable for a fall on a Maryland city street?

When a fall takes place on a public street, liability is typically contingent upon where precisely the accident occurred and who owns, controls, or is otherwise responsible for maintaining that location. While every case is unique, liability for slip and fall accidents will most often attach to one of the following entities:

1. The city: Municipal areas like Baltimore and Columbia both have busy commercial and residential districts where sidewalks endure significant foot traffic. Broadly speaking, the city is typically responsible for repairing and maintaining sidewalks and streets in public spaces. If the city is made aware that a portion of street or sidewalk is damaged, uneven, or icy, the municipality itself may be held liable for any accidents that occur as the result of its failure to address the reported problem.
2. Property owners: In many cases, business owners are responsible for maintaining sidewalks that run adjacent to their places of business. Baltimore city ordinances often require business owners to maintain their own sidewalks by clearing snow and ice, fixing holes and cracks, or removing any other potential hazards. If a property owner fails to maintain their sidewalk in this way, they may be held responsible for any falls that take place on their property.
3. Third-party contractors: Sometimes, property owners or municipalities hire third-party contractors to perform maintenance on their streets, driveways, and sidewalks. If a private company was hired to repair or maintain a street or sidewalk but failed to adequately do so, that third-party company may be considered liable for an accident that occurred due to their negligence.

In any of the cases outlined above, an injured party must establish that their fall-related injuries occurred as the direct result of another party failing to execute their established legal duty to ensure the safety of the public. Additionally, Maryland’s contributory negligence rule dictates that the injured party must demonstrate that their negligence did not contribute in any way to the accident. Otherwise, they will be unable to collect any damages related to their injuries.

What to do after a slip and fall accident

If you experience a slip and fall accident on a public street in Maryland, there are a few steps you can take to protect and leverage your legal rights:

Step 1: Document the scene

If you are able, take pictures of any safety hazards that may have contributed to your fall. If you are not physically well enough to do so, you may want to consider asking a friend or bystander to take photos for you to ensure you have photographic evidence of the location at the time of your fall.

Step 2: Talk to witnesses

If anyone witnessed your fall, try to collect their contact information at the accident scene. Eyewitness accounts can be vital in corroborating a plaintiff’s account of the conditions that caused their injuries.

Step 3: Seek medical attention

Even if your injuries seem minor, you should seek medical care as soon as possible to ensure your safety and begin documenting treatments, diagnoses, and expenses related to your accident. Some fall-related injuries may not be apparent immediately after a fall. For example, many individuals do not realize they have a concussion until days after an accident, which can lead to further medical complications. Proactively seeking treatment can help prevent long-term side effects and help strengthen your personal injury claim.

Step 4: Consult a slip and fall lawyer

Personal injury cases and tort claims can be extremely complicated, and determining who is responsible in these cases can pose major challenges, particularly as plaintiffs attempt to recover from their injuries. An experienced attorney can help you better under the nuances of liability in your case and establish which course of action would be most appropriate to help you secure the compensation you deserve.

Step 5: Report the incident

In the State of Maryland, the treasurer’s Insurance Division’s Claim Unit handles reports of tort claims. If your injury occurred on a public street or sidewalk, you may mail a claim letter directly to the Insurance Division or file a claim online, outlining the details of your accident. The Insurance Division will review and investigate all tort claims to determine whether the filer is entitled to payment or reimbursement. There should be some citation here to the Maryland Tort Claims Act and that you must follow the notice requirements of the Act.

Injured parties must submit claims to the Insurance Division within one year of an accidentTo protect your rights and strengthen your case, it’s crucial to speak to an attorney and make sure that you submit all necessary claims and paperwork on time.

There should also be discussion of the Local Government Tort Claims Act. Also requires written notice within one year with details outlined in the Act.

If your accident occurred in front of a privately owned business or residential building, you should notify the business owner of your accident as soon as possible. In most cases, both parties’ insurance representatives will handle the process of reviewing, investigating, and determining liability. However, if you are unable to secure a satisfactory outcome via the property owner’s insurance policy, a personal injury attorney can help you explore your alternative options.

Next steps

If you’ve been injured in a slip and fall accident in Baltimore or the surrounding neighborhoods, do not wait to take action. Whether the city, a business, or another private party is responsible for your accident, an experienced slip and fall lawyer from Plaxen Adler Muncy, P.A. can help you hold the negligent party accountable.

Depending on the specifics of your case and injuries, our team may be able to help you secure compensation for economic damages like medical expenses and lost wages, as well as non-economic damages to account for your pain, suffering, and emotional distress.

Contact us today for a free consultation and let’s take the first step together toward securing the best possible outcome for your case.