Slip and Fall Attorneys Germantown, MD

From time to time, we all take a tumble. Sometimes, a fall is just a matter of bad luck or tripping over our own two feet. But when a dangerous condition causes you to fall, you might be able to file a slip and fall claim against the property owner or other responsible party.

A slip and fall action is a type of personal injury claim that falls into the category of premises liability lawsuits. Generally, property owners have a duty to maintain their property in a reasonably safe condition and either fix or warn others of known hazards. If they fail to do so and you are hurt as a result, you may be able to file a lawsuit to recover money for your medical bills, lost wages, pain and suffering, and other losses.

At Metzger Wickersham, we offer zealous legal representation to clients in Montgomery County, Maryland, across all types of personal injury matters. Whether you were hurt in a car crash, injured in a slip and fall, or suffered another type of accident, we can help you get the money that you deserve for your losses. Contact our law firm today to schedule a free initial consultation with a Germantown slip and fall lawyer.

Common Causes of Slips and Falls

There are many different causes of slip-and-fall accidents. You might be injured in a slip and fall because of:

• A spill, leak, or puddle
• Accumulated rain, snow, or ice
• Cracked or uneven pavement
• Hidden potholes
• Broken or missing railings
• Broken or faulty stairs
• Torn or loose carpeting
• Defective elevators or escalators
• Broken furniture
• Poor lighting
• Loose cables or cords
• Lack of warning signs around a dangerous condition

Any of these situations involves a hazardous (or potentially unsafe) condition. If a person is hurt because of a dangerous condition, they may suffer a serious injury. This could include a broken bone, traumatic brain injury, internal organ damage, or a back injury.

Not every slip and fall accident will lead to a lawsuit. In some cases, a fall might not have been anyone’s fault. A Germantown slip and fall attorney can evaluate your case and help you understand your rights and options when it comes to pursuing a premises liability lawsuit.

When Can I File a Slip and Fall Lawsuit in Maryland?

If you are hurt on someone else’s property, you can potentially file a lawsuit against the property owner, a person who occupies the property, or an entity tasked with maintaining the property. In order to succeed in a premises liability claim, you will need to prove that:

1. The property owner owed you a duty to use reasonable care.
2. The property owner failed to meet that duty of care in some way.
3. You suffered an injury when you slipped and fell.
4. Your injury was directly caused by the property owner’s failure to meet the duty of care.

Many slip and fall cases focus on what duty of care the property owner owed to the injured party. In Maryland, a property owner has a duty of care when there is a hazardous condition on the property and they either know (or sometimes, should have known) about the risk.

In Maryland, a property owner’s duty of care to others is based on their relationship. There are three categories of visitors to a property in Maryland:

• Invitees: An invitee enters a property with the permission of the owner, typically for a financial benefit to the owner. A customer at a store would be considered an invitee. Property owners owe the highest duty of care to invitees. If they knew or should have known about a dangerous condition on the property, they must either fix it or warn invitees about it. This generally means that property owners have to make reasonable efforts to inspect the property to discover hazards. However, landowners usually won’t be responsible if an invitee is hurt by an open and obvious danger.

• Licensees: A licensee enters a property with the owner’s permission, for a reason that primarily benefits the owner. For example, a guest at your house or a repair person who comes to fix something at your house would be considered a licensee. When it comes to licensees, property owners must avoid willfully causing an injury. They also must either fix or warn licensees about dangerous conditions if they have actual knowledge of those hazards. Property owners probably won’t be responsible for injuries that result from obvious dangers.

• Trespassers: A trespasser is any person who is on a property without the permission of the owner. Property owners in Maryland have a limited duty to trespassers. They cannot intentionally harm a trespasser. However, if a property owner knows that trespassers are regularly on their premises, they must warn them about known dangers. In addition, if a property owner has what is known as an “attractive nuisance” on their property, which is something dangerous that may attract kids, they must take reasonable steps to protect kids if they know or should know that children trespass there. For example, if a person has a pool on their property, they should have a fence to prevent kids from getting into it.

The level of proof that an injured party must show to recover in a slip-and-fall lawsuit will be based on their status. For licensees, you will typically have to prove that the property owner had actual knowledge of the dangerous condition. For invitees, you can either show that the property owner had actual knowledge of the hazard or that they should have known about it through an inspection (constructive knowledge).

Proving constructive knowledge of a dangerous condition often depends on timing. Generally, the longer the hazard existed before a fall, the easier it will be to prove that the property owner should have known about it and either fixed it or warned you about it.

For example, consider a situation where you are hurt after falling on a spill at a grocery store. If the spill happened moments before your fall, that probably isn’t enough time for the business owner to learn about the spill and clean it up or put up warning signs. However, if the spill happened an hour before your fall, then that is probably sufficient time for the owner to take care of the hazard.

These cases can be complicated, particularly given Maryland’s contributory negligence rule. Under this doctrine, if you’re even slightly at fault for your fall, you cannot recover compensation for your losses. Many property owners argue that the fall victim was fully or partially at fault for their accident to defend against these claims.

One common argument is that the danger was open and obvious and you could have avoided it. Generally, visitors to a property must take reasonable steps to protect themselves from obvious hazards (such as by watching where they are going). However, if a person could still get hurt even if the danger is obvious, then property owners must still take reasonable steps to reduce the risk of someone getting hurt.

Property owners might also argue that you assumed the risk of injury when you agreed to participate in something dangerous. For example, if you decide to go onto a ropes course and get hurt in a fall, you may have assumed the risk of the known hazards associated with that activity. Of course, property owners and businesses still have an obligation to use reasonable care, but if you get hurt because of the nature of the activity itself, you might not have a case.

If you have questions about your legal rights and options, the best course of action is to schedule a free initial consultation with a Germantown slip and fall lawyer. Our attorneys will listen to your story and help you understand your legal rights. If you decide to move forward with a claim, we will fight to get you maximum compensation for your losses.

What Damages Can I Get in a Premises Liability Lawsuit?

If you are hurt in a slip and fall accident, you may be entitled to money for your losses. In most situations, you can recover compensatory damages to compensate for your losses. There are two types of compensatory damages:

1. Economic damages pay for your direct financial losses. They can often be proven through invoices, bills, and pay stubs. Examples of economic damages include property damage, medical bills, future medical treatment, lost wages, and reduced earning capacity. In addition, if you suffered a catastrophic injury in a fall, you may be able to recover money for things like modifications to your house to make it accessible and long-term care.

2. Non-economic damages pay for your intangible losses, such as pain and suffering, emotional distress, reduced quality of life, scarring, and disfigurement. They can be harder to prove because you won’t get a bill in the mail for things like trauma. However, a skilled personal injury attorney will use their experience with similar cases and will work with experts to develop a demand for non-economic damages that properly reflects your losses.

In rare cases, you may be able to recover punitive damages. This type of compensation is meant to punish a wrongdoer instead of compensating an injury victim. For this reason, punitive damages are only available in more unusual cases where the at-fault party acted intentionally or recklessly. For example, if a property owner set up a “trap” as a prank and you were hurt as a result, you could potentially seek punitive damages.

Insurance companies rarely offer a fair settlement to slip-and-fall victims unless they believe that there is a serious chance of litigation. While most cases are resolved outside of court, having an experienced Germantown slip and fall attorney on your side can increase the likelihood of you getting top dollar for your injuries.

Talk to Our Team about Your Germantown Slip and Fall Claim

A fall can happen quickly and leave you reeling for months or even years to come. In these situations, you may find yourself confused about your rights and unsure of where to turn for help. Our law firm is here for you.

At Metzger Wickersham, we work hard to help you get the money that you are entitled to under Maryland law. If you were hurt in a slip and fall, we will fight to get you maximum compensation.

To learn more or to schedule a free consultation with a Germantown slip and fall attorney, call our law offices at 240-946-9461 or fill out our online contact form.