Aggressive Advocacy for Victims of Slip and Fall Accidents in Maryland
Dedicated premises liability attorneys protecting families in Baltimore, Columbia and beyond
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 in Baltimore, Columbia and 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 slip and fall lawyers’ 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.
I Fell and Was Injured. Do I Have a Case?
Slip and fall cases are some of the most difficult cases. Unlike medical malpractice cases where the medicine is difficult or a products liability case where the science is difficult, slip and fall cases are difficult because of the laws in Maryland.
Maryland is one of four states that has contributory negligence, which means that if the person who fell contributed at all to the fall – for instance, not seeing the defect – then they would be barred from making a claim. They would not be able to make the claim.
In addition, even without contributory negligence, in order to pursue a slip and fall case against a landlord or a landowner or the owner of any property, the owner of a home or anybody, you would have to show that they knew of the defect: one, that there’s a defect that caused you to fall, and then two, that they actually had notice of the defect and failed to actually take the proper remedy to fix the defect – or they knew about the defect but failed to warn you of the defect. So even if they did not fix the defect, if they gave you proper warnings – for instance, wet floor cones or something – you could also be precluded from making a slip and fall claim.
However, the bottom line is you don’t need to figure this out. We can figure this out for you. If you’ve fallen, we have free consultations. Give us a call, and we will tell you if you have a case.
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:
- The owner of the property was aware of the potential dangers of that property, and
- The owner did not take steps to fix or change the areas that posed a threat, or
- 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.
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 Baltimore slip and fall lawyers’ 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.
Common causes for slip and fall accidents
Generally speaking, you can make a claim for damages when the property owner has exhibited negligence in regards to keeping the property safe. Failing to warn visitors about potential dangers, or failing to fix existing threats, are both grounds for a lawsuit. Some of the more common causes for slip, trip and fall accidents include:
- Icy walkways and sidewalks
- Wet floors or surfaces
- Crumbling or broken walkways or surfaces
- Broken or ill-maintained playground equipment
- Broken or ill-maintained elevators or escalators
- Missing or defective handrails on stairs
- Poor or non-existent lighting
Baltimore’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 with a skilled Baltimore premises liability lawyer, please call 410-988-4449 or fill out our contact form.