What is a slip and fall accident from a legal perspective? Slip and fall accidents are just what they sound like. In this type of personal injury claim, a person has typically had a bad fall while on someone else’s property. It may be a store, business, sidewalk, or public street, they can happen pretty much anywhere! While sometimes a slip and fall accident is no one’s “fault” per se, there are many situations in which a hazard was created or neglected, that indicates that someone should be held liable. Some examples of this type of accident that may be suitable for filing a lawsuit may include those caused by defective sidewalks, wet floors with limited or no signage, and parking lot potholes.
Slip and Fall Statute of Limitations for Maryland
A statute of limitations is a law that sets a time limit on how long after the date of the alleged incident you can initiate a lawsuit. In Maryland, there is a statute of limitations of three years, meaning that if that time period has passed and you attempt to bring your case to court, it will likely be dismissed in all but rare cases. This does not mean that the case must be wrapped up and settled or closed within three years, some take considerably longer. However, the initial complaint must be filed within the statute of limitations.
Contributory Negligence
Under Maryland law, contributory negligence is in effect for slip and fall accidents. This means that a plaintiff cannot recover any damages or compensation for a fall in which he or she had any fault—even a tiny portion. Contributory negligence is vital to assess and note from the very beginning when working with an attorney because you could go through the entire process of settlement, or even wind up in trial, only to learn that you are not eligible to receive compensation because of a 1% fault attributed to you.
With this in mind, an attorney’s primary goal in slip and fall cases is to prove beyond a shadow of a doubt that the property where your injury occurred is 100% at fault. An attorney will work with you in the very early stages of your case to determine if this is the case for your particular situation.
Some common examples of plaintiffs who would receive no compensation due to contributory negligence are those who:
• Did not pay proper attention to their surroundings or where they were walking
• Fell on a property where they weren’t permitted to be—i.e., trespassing
• Wore improper footwear
• Avoided warning signs (wet floor or redirecting signs)
• Did not utilize available handrails
Common Places of Slip and Fall Accidents
While a slip and fall accident can happen practically anywhere, there are several common places where they are more likely to occur. By shedding light on some of the most frequent locations of this type of accident, you can pay closer attention while in these locations to avoid an injury and associated lawsuit entirely. Keep in mind that bringing a slip and fall injury is challenging because you cannot be found even 1% at fault, or you are ineligible for compensation. Avoiding the accident in the first place is the best possible option, so be extra cautious in the following locations:
• Sidewalks
• Parking Lots
• Stairs and Escalators
• Restaurants
• Grocery Stores
• Malls
• Anywhere Outdoors during wintertime
Go to the Hospital
If you are in a slip and fall accident and are injured, you must see a doctor immediately. Do not wait to see how you feel later. You must ensure that your medical records correctly indicate the extent of your injuries, pain, and suffering. Medical records serve as the best possible proof of your injuries. Further, they help to justify the amount of compensation you should receive, considering those injuries, pain, suffering, and treatment. Medical records play the most critical role in negotiations on the amount of compensation in slip and fall cases.
Contact us immediately. We will get you the compensation that you deserve.