Who is Liable for a Slip and Fall Accident in Maryland?
You might think of a slip and fall as involving minor injuries with minimal effects on your life, but data on these accidents proves otherwise. Around 1 in 5 accidental deaths in the US is the result of falls, and almost 8.6 million people visit the ER every year for these incidents according to the US Centers for Disease Control and Prevention (CDC). Among those who head for emergency treatment, falls are the top reason for the ER visit in 8 of 10 age groups. For the other two age groups, falls are the second leading reason for emergency department visits.
Maryland personal injury laws provide options for victims of slip and falls, which are a type of premises liability case. The term comes from the fact that many of these accidents involve a victim slipping and falling, but premises liability concepts are more expansive. There are many different parties that could be at fault for causing your injuries, and an Owings Mills slip and fall attorney will pursue them. Some background on potential parties is also informative.
Premises Liability Basics: Like many other personal injury cases in Maryland, premises liability is based upon the theory of negligence. The focus is on property owners who welcome visitors, guests, and customers onto the premises. There are four essential elements you must prove:
- The property owner had a duty to maintain the premises in a safe manner, free from foreseeable hazards.
- The property owner breached the duty of care by allowing dangerous conditions to remain.
- The breach of duty was the direct reason for the slip and fall.
- You suffered losses because of being injured.
Potential Parties for Slip and Falls: The description above refers to property owners, but liability does extend to any parties who have control over or input on the condition of the premises. Therefore, besides the actual owner of record on a parcel of real estate, other parties that could be liable for a slip and fall include:
- A property management company;
- A tenant who leases space;
- A janitorial and maintenance company;
- The promoter of events on the premises;
- A company that handles security; and,
- Many others.
Steps After a Slip and Fall Accident: While a party may be accountable for an accident, it is usually the property owner’s insurance company that you will pursue for damages. You file a claim with the insurer, opening up settlement negotiations. Many claims are worked out by agreement, though insurance companies may lowball you because they are trying to protect their own bottom line. If the company will not agree to a fair amount, your next step is suing in court to get compensation.
Discuss Strategy with a Maryland Slip and Fall Lawyer
Between the legal process and knowing which parties to pursue, premises liability cases can be complicated. You can trust Furman | Honick Law to recover the compensation you deserve by law, so please call 410-844-6000 or go online to set up a free consultation with a slip and fall attorney.
Source:
cdc.gov/injury/wisqars/pdf/leading_causes_of_nonfatal_injury_2017-508.pdf
