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When property owners fail to properly maintain their premises, innocent individuals can be hurt. People often suffer injuries as a result of “dangerous conditions” on a property. Depending on the facts of the accident and the dangerous condition, the property owner may be liable. However, the mere fact that a dangerous condition existed on the property does not make a property owner liable. Property owners have a duty to maintain their property and keep it safe. The duty of care that a property owner owes to people that enter the property depends on the person’s status when they enter. The highest duty of care is owed to business invitees while the lowest duty of care is owed to trespassers.

If you were injured on someone else’s property and you believe the property owner’s negligence is to blame, contact Portner & Shure, P.A. to learn more about your legal rights and options. Our Wheaton premises liability lawyers can help you navigate the process of seeking fair compensation for your injuries and other damages.

Contact our firm online or call us at (240) 233-2801 for a free and confidential consultation.

What Are the Three Methods of Proving Property Owner Negligence?

There are three methods for an injured victim to prove a property owner’s negligence.

These include:

  • Proving that the property owner knew of the dangerous condition and failed to repair it or provide proper warning
  • Proving that property owner should have discovered the dangerous condition through reasonable inspections but failed to do so
  • Proving that the property owner created the dangerous condition

Premises liability cases are factually and legally complex and provide property owners several defenses.

Premises Liability Defenses

The most common defense available to property owners is lack of notice. Stated simply, if an injured victim is unable to prove that a property owner knew or should have known of a dangerous condition, the property owner is not liable. The law permits this defense because a property owner cannot be expected to repair a dangerous condition if they were not aware of the dangerous condition existed.

If the plaintiff is able to prove that the owner had notice of the dangerous condition, should have known of the condition, or created the condition, the property owner can still assert the “open and obvious” defense. Under this defense, if a dangerous condition is present, a victim can be considered to be contributorily negligent or to have assumed the risk of their injuries. Stated simply, with this defense, a property owner is essentially arguing that while they were negligent by allowing a dangerous condition to exist on the property, the victim assumed the risk of their injury by continuing to be on the property or was contributorily negligent by failing to observe their surroundings.

In order to overcome these defenses, one should consult with an experienced premises liability lawyer in Wheaton, like those at Portner & Shure, P.A. We represent clients in complex slip and fall cases, as well as other types of premises liability claims.

Injuries & Damages in Slip & Fall & Other Premises Liability Claims

Slip and fall victims, as well as others who sustain injuries due to unsafe property
conditions, suffer a variety of injuries, such as:

  • Fractures/broken bones
  • Back and shoulder injuries
  • Spinal cord injuries
  • Traumatic brain injuries, including concussions
  • Contusions and abrasions

Depending on the severity of the accident, these injuries may have permanent effects. Additionally, victims may no longer be able to work due to their injuries. Accordingly, these injuries typically require extensive medical care and ongoing rehabilitative therapy in order for victims to fully recover.

Those injured in slip and fall accidents or due to dangerous property conditions can receive compensation for their economic and non-economic damages. Economic damages are meant to compensate an accident victim for their medical bills, lost wages, and future lost wages. Non- economic damages are meant to compensate a victim for the pain and suffering they endured as a result of their injuries.

Why Hire Portner & Shure, P.A.?

The award-winning Wheaton premises liability attorneys at Portner & Shure, P.A. have been successfully representing slip and fall victims in Montgomery County courts for over 30 years. Insurance companies vigorously defend these claims—but we know how to fight back against their tactics. Our attorneys have obtained excellent results for our clients, as seen in our many five-star reviews from past clients. Additionally, our reputation in the legal community can be
seen in the multiple awards our firm has earned. Insurance companies know that Portner & Shure, P.A. is a litigation firm that provides effective representation. Portner & Shure, P.A. receives no fee unless we obtain a settlement or judgment in court on behalf of our client.

To schedule a free consultation regarding your Montgomery County premises liability or slip and fall case, call us at (240) 233-2801 or contact us online.


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When you hire Portner & Shure, you can expect more from your representation. In addition to getting an attorney, you will get a committed advocates you has your best interests at heart.

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