Premises Liability and Unsafe Premises
Experienced Attorneys Ready to Fight for You
Have you or a family member been hurt on someone else’s property? If so, the tenacious lawyers at Krum, Gergely & Oates, LLC can help you get the money you deserve and hold the business owner(s) responsible. In Maryland, if you have been injured on the property of another due to a dangerous condition, you may be entitled to recover money under a concept known as premises liability.
Property owners owe a duty of care to invited guests to keep the premises safe and warn of any dangers. If the beach of this duty results in harm, they may be liable. Premises liability is a type of personal injury case and can include a wide array of scenarios and claims. Premises liability is based on the common law principle known as negligence. An owner may be negligent if they fail to adequately: supervise, care, and control their premises. For instance, an unsafe condition on the floor of a local supermarket that leads to injury of a shopper’s foot. Or ice on the steps of a restaurant, that causes you to fall and break an ankle.
Types of Compensation in an Injury Case:
- Medical Bills
- Replacement Services
- Pain and Suffering
- Punitive Damages
- Loss of Consortium
- Property Damage
- Lost Wages
- Future Medical Bills
- Lost Earning Capacity
- Emotional Distress
- Wrongful Death
Elements
An owner can be found to be liable under premises liability and thus, negligent, where:
· A duty of care was owed;
· This duty of care was breached;
· The breach of the duty of care proximately caused the loss or injury; and
· You suffered an actual loss or injury.
To evaluate whether there was a breach of a duty of care, certain circumstances must exist: (a) the owner-controlled a dangerous or defective condition; (b) the owner knew or should have known of the dangerous or defective condition, and (c) the harm suffered was a foreseeable result of that condition.
It is not always easy to determine the duty owed and whether any breach led to the specific injury alleged. The duty of care owed by the owner can vary and it also depends on the nature of the establishment. You should have the guidance of an experienced attorney to assist you with navigating all the elements of a premises liability claim and to get you any recovery that you may be entitled.
Defenses
An entity sued over a premises liability claim may raise certain defenses in order to limit or absolve themselves of liability in your case. Some common defenses in Maryland include contributory negligence (meaning your own negligence also led to the injury); failure to state a claim; and assumption of risk. These are complicated concepts that an attorney can help you explore to ensure maximum recovery in your case.