Slip and fall accidents can happen to anyone, anywhere, and at any time. These accidents can result in severe injuries, medical expenses, lost wages, and other damages. If you have suffered a slip and fall accident in Maryland, you may be entitled to compensation for your injuries and damages.
However, slip and fall lawsuits can be complicated, and there are many factors to consider before pursuing legal action. One of the essential aspects of slip and fall lawsuits is the defenses that the property owner or defendant can use to minimize or dismiss your claim. In this blog post, we will discuss some of the common defenses in Maryland slip and fall lawsuits.
Maryland follows a strict contributory negligence rule in personal injury cases. This means that if the plaintiff (the person filing the lawsuit) is found to be even one percent at fault for the accident, they may be barred from recovering any compensation. In slip and fall cases, this defense may be used by the defendant to argue that the plaintiff’s actions contributed to their injuries. For example, the defendant may argue that the plaintiff was distracted, wearing inappropriate footwear, or walking in an area marked as hazardous.
Assumption of Risk
Another common defense in slip and fall lawsuits is the assumption of risk defense. This defense argues that the plaintiff was aware of the dangerous condition and chose to encounter it willingly. For example, if the plaintiff was walking in an area clearly marked as “wet floor” and still slipped and fell, the defendant may use the assumption of risk defense.
Open and Obvious Danger
The open and obvious danger defense is similar to the assumption of risk defense. This defense argues that the dangerous condition was so apparent that the plaintiff should have seen it and avoided it. For example, if there was a large pothole in a parking lot, and the plaintiff tripped and fell in the hole, the defendant may use the open and obvious danger defense.
Lack of Notice
The defendant may also argue that they were not aware of the hazardous condition or did not have enough time to correct it. This defense is called the lack of notice defense. For example, if a customer spills a drink in a grocery store aisle, and the plaintiff slips and falls minutes later, the defendant may argue that they did not have enough time to clean up the spill.
In addition to the above defenses, there are other factors that can affect slip and fall lawsuits in Maryland. For example, the statute of limitations for personal injury cases in Maryland is three years from the date of the accident. This means that you must file your lawsuit within three years of the accident, or you may lose your right to seek compensation.
Another important factor in slip and fall lawsuits is the property owner’s duty of care. Property owners have a legal obligation to maintain their premises in a safe condition and to warn visitors of any known hazards. If the property owner fails to meet this duty of care and their negligence causes your injuries, you may have a valid claim for compensation.
It is important to consider the potential damages you may be entitled to in a slip and fall lawsuit. Depending on the severity of your injuries and the impact they have had on your life, you may be able to recover compensation for medical expenses, lost wages, pain and suffering, and other damages.
Slip and fall accidents can have significant consequences for the injured party, and navigating the legal process can be challenging. If you have been injured in a slip and fall accident in Maryland, it is crucial to seek legal representation from an experienced personal injury attorney. By understanding the common defenses in slip and fall lawsuits and working with a skilled attorney, you can protect your rights and pursue the compensation you deserve.
Alpert Schreyer, LLC is a personal injury law firm that has experience in handling slip and fall cases in Maryland. Our team of experienced attorneys can help you navigate the complex legal system, understand the common defenses in slip and fall lawsuits, and build a strong case to overcome these defenses.
Our firm has a thorough understanding of Maryland’s contributory negligence rule and how it can impact slip and fall cases. We can work with you to evaluate the circumstances of your accident and determine whether any contributory negligence defenses may be raised against you. Our attorneys will gather evidence, interview witnesses, and work with experts to establish liability on the part of the property owner.
If the defendant argues that you assumed the risk of the dangerous condition or that the danger was open and obvious, we can help you understand the legal implications of these defenses and counter them with evidence. We can also investigate whether the defendant had notice of the dangerous condition and determine whether they had a duty to correct it or warn you about it.
At Alpert Schreyer, LLC, we understand that slip and fall accidents can result in significant injuries and damages. Our attorneys are committed to helping you recover the compensation you deserve for your medical expenses, lost wages, pain and suffering, and other damages. We will work tirelessly to protect your rights and pursue the best possible outcome in your case.
If you have been injured in a slip and fall accident in Maryland, do not hesitate to contact Alpert Schreyer, LLC. Our attorneys have the knowledge, skill, and experience to handle even the most complex slip and fall cases and help you navigate the legal process with confidence.