Baltimore, Maryland Slip & Fall Lawyer
Suing for Serious Accidents on Someone Else’s Property
Property owners have a duty to maintain their property and keep it reasonably safe. When property owners fail to maintain their property, innocent victims suffer serious and painful injuries as a result of falling. These types of claims are premises liability claims, and “slip and fall accident” cases are among the most common. Insurance companies routinely deny claims by slip and fall victims, leaving them with few options.
A Baltimore, Maryland slip and fall lawyer can fight to obtain the compensation you deserve for your injuries. At Portner & Shure, P.A., our attorneys are well experienced in handling slip and fall claims. We know the law and how to obtain favorable results for our clients.
Contact the award-winning attorneys at Portner & Shure, P.A., at (855) 954-4141 or online today for a free consultation.
Details of Slip & Fall Claims
When a person suffers an injury due to the presence of a “dangerous condition” on a property, the owner of the property may be liable for the victim’s injuries. Property owners have a duty of care to keep their property safe for visitors through reasonable inspections and maintenance. The duty of care property owners owe to visitors depends on the visitor’s status on the property.
There are four different types of visitors.
· Business Invitee – This class of visitors includes people that visit a property for business purposes (i.e., business guests). They are owed the highest level of care. The owner of the property is required to make the property safe through reasonable inspections of known and hidden dangers. Additionally, the property owner has a duty to warn of potential hazards.
· Licensee – This class of visitors includes people that visit a property for personal or family reasons (i.e., social guest and family). They are owed a lower level of care. The owner of the property does not have to make the property safe or inspect it. The owner of the property must provide a warning regarding known dangers.
· Bare Licensee – This class of visitors includes people that visit a property for their own reasons and must have permission to enter the property (i.e., a traveling salesman). They are owed an even lower level of care. The owner of the property must not do anything in a wanton or intentional manner to harm the visitor.
· Trespasser – This class of visitors is people who enter property without the owner’s permission. They are owed the lowest level of care. The owner of the property must not do anything in a wanton or intentional manner to harm the trespasser. Additionally, the owner of the property is prohibited from setting traps.
The laws regarding slip and fall claims are complex. Accordingly, proving a slip and fall claim depends on a careful analysis of the facts surrounding the fall.
Proving Liability in a Slip & Fall Claim
Maryland law provides three types of legal claims that a slip and fall victim can assert against a property owner:
1. A property owner may be liable if the victim can prove that the owner had knowledge of a dangerous condition and failed to repair or provide sufficient warning of the dangerous condition.
2. A property owner may be liable if the victim can prove that a dangerous condition was present on the property and the owner should have known of the condition had the owner conducted reasonable inspections.
3. A property owner may be liable if the victim proves that the property owner created the condition, such as setting a dangerous trap.
Defenses in Slip & Fall Cases
Maryland law provides property owners with several legal defenses to slip and fall claims. The most frequently asserted defense by property owners is lack of knowledge. Property owners claim they are not liable because they had no knowledge of the dangerous condition. Therefore, without knowledge, a property owner is unable to provide a warning or repair the dangerous condition.
In cases where a victim provides proof that a property owner had notice of a dangerous condition, property owners argue they are not liable based on contributory negligence or assumption of risk. Contributory negligence is a defense that precludes a victim from recovering anything if evidence is produced proving that the victim acted negligently and their negligence contributed to the accident. Assumption of risk is a defense that precludes a victim from recovering anything if evidence is produced proving that the victim had knowledge of the risk of potential harm, appreciated the risk, and voluntarily undertook an action despite the risk of danger.
Property owners raise these defenses to shift the blame onto the victim. To overcome these defenses, slip and fall victims usually require strong advocacy by an attorney.
Injuries & Damages in Slip & Fall Cases
Slip and falls produce several types of injuries. The severity of the injuries depends on the severity of the fall.
Common slip and fall injuries include:
· Broken Bones
· Back Injuries
· Neck Injuries
· Hip, Knee, or Ankle Injuries
· Muscle Sprains
· Brain Injuries
To recover from these injuries, slip and fall victims require medical care and rehabilitation. Maryland law allows slip and fall victims to claim economic and non-economic damage. These are meant to compensate slip and fall victims for their medical bills and the pain and suffering they endured as a result of their injuries.
Why Hire Portner & Shure, P.A.?
Slip and fall claims are legally and factually complex cases to litigate. Insurance companies vigorously defend these cases. If you recently suffered injuries as a result of a slip and fall, you should get representation from a knowledgeable Baltimore, Maryland premises liability lawyer like ours. The award-winning attorneys at Portner & Shure, P.A, know how to fight and obtain the compensation you deserve.Our multilingual staff has allowed us to serve Maryland’s Korean, Vietnamese, Chinese (Mandarin and Cantonese), and Hispanic communities with ease. Portner & Shure, P.A., receives no fee unless our client obtains a settlement or judgment in court. To schedule a free consultation regarding your Baltimore City Premises Liability Claim, contact us at (855) 954-4141 or contact us online.
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