Our Maryland slip and fall lawyers understand the pain and suffering that results from such a devastating injury. Slip and fall cases are among Maryland’s more traditional personal injury cases. Slip and falls have been occurring since the beginning of time. Under the common law, we hold those legally liable who should have better maintained their premises. But over time, the law has evolved and become more nuanced. For example, a homeowner with friends over does not owe the same duty to guests as a home improvement store with dangerous equipment sprawled throughout the store.
While we call these cases a “slip and fall,” you may have a case even if you did not slip but were still injured on someone else’s premises, and those premises were negligently maintained. Below, we detail the duties different parties owe to guests and trespassers. If you still have any questions or have a case to discuss, contact us for a free consultation.
The most common example is a grocery store. However, it can also be a movie theater, a home improvement store, a restaurant, or any other form of public business. The disclaimer is that the rule depends on the type of business being conducted. For example, a haunted forest might get away with more than a grocery store. This is because when someone attends a haunted forest and buys a ticket, they know what they are signing up for and merely receive what they ordered. Meanwhile, customers may be older at a grocery store and are certainly not looking for any obstacles or adverse conditions.
The general rule for a business such as a store is that the company owes a general duty to use reasonable and ordinary care to keep the property safe. So, what does this mean? The business must warn of or make safe, nonobvious, dangerous conditions known to the business. Additionally, the company must make reasonable inspections to discover and make hazardous conditions safe. Of course, a yellow sign on the floor is often a slip-and-fall example that quashes the cla. This is a warning and generally, but only sometimes, satisfies the legal duty to fix.
Your legal argument will hinge on a few factors. First, did the business inspect frequently enough to qualify as reasonable? Or was the business somehow made aware by a customer telling a manager? Or was the danger so apparent that the thing spoke for itself, meaning no warning was needed? Second, did the business attempt to warn or fix the dangerous condition? These duties are owed to business invitees.
An invitee is a person who enters the premises by either an actual or implied invitation by the business. For example, suppose it is a store that is open for business. In that case, this will qualify as an implied invitation, and you will be a business invitee for purposes of personal injury law in Maryland. However, it is possible to go outside the scope of your invitation, which means you will lose your legal title of invitee. A typical example is if a customer enters a section of the store or restaurant marked as “employees only.” For questions on your specific question against a store or other business, contact our experienced Maryland Slip and Fall Lawyers.
When visiting a friend’s house and are injured, you may have a case against your friend, triggering his homeowner’s insurance. You are a licensee if invited to your friend’s house premises. This means you have a license to enter their private property. The duty owed by a licensor to a licensee is less than to an invitee. The main difference is that a homeowner is not required to inspect for concealed defects. However, if he does know of a risk that the licensee is unlikely to discover, the homeowner does have a duty to warn or make it safe.
There are thousands of personal injury lawyers in Maryland. Several things make Gelb & Gelb unique and stand out above the rest. While other firms have repeatedly voted us as a top firm in the region, we will surely provide you with a list of featured reasons.
Experience is essential in any industry. However, it is necessary for a Maryland slip-and-fall lawyer due to the complex nature of the law. Slip and fall cases have different rules depending on the premises you are on. A personal injury attorney with less experience may be able to handle more simple cases like a car accident case with clear liability. But distinguishing the rules in liability for a pet store owner from a bar to a grocery store can be more difficult. So, finding a lawyer with experience in the field you are looking for is essential.
Experience also generally attributes itself to reputation. Decades of experience do not necessarily signal an excellent reputation. But, it does give a more accurate representation of a fair reputation. Of course, when we were founded in 1954, there was no internet. So, our reputation was via word of mouth and the work we did in our community. Now, there is a multitude of different online sources that will cite our positive reputation. Without going through an exhaustive list here, we have received well over 100 5-star reviews from clients over the years.
Why is this important? Several reasons. First, it places pressure on the defendant to settle. Settling is generally in your and the defendant’s best interests. When we send the defendant a letter of representation and eventually a demand letter, we spell out the elements of your claim and why it will likely win in a court of law.
Furthermore, being aggressive in settlement negotiations may deter lowball offers. Lowball offers are something practically every insurance company does in every single negotiation. We have cases where both sides know that the case is worth several hundred thousand dollars, and the defendant’s insurer will still make a lowball offer to start. They do this because they know there is a chance a plaintiff will take that first offer and run.
We always only allow our clients to do so if it truly is a fair offer, which is rare. Instead, we’d like to push back aggressively against these lowball offers to prevent them from continuing to waste our time with offers that do not represent the total value of your case. Of course, while we are aggressive, we are always sure to respect the adverse party and follow the letter of the law. Moreover, our strategy does change if we have to take your claim to trial. A plan before a jury or even a bench trial will work differently than against an insurance company over the phone or in mediation.
Each member of our legal team is excellent. While our attorneys handle the bulk of your case and are the ones you will be interacting with, our secretaries and paralegals work behind the scenes. As a client, you want each person who touches your case to be competent and effective. That is what we have at Gelb & Gelb. It allows for enhanced collaboration and problem-solving at each level of your case. It also provides excellent client communication and support.
The value of your case can be divided into two primary categories. These two categories have subcategories, which we will explain below.
These are also known as monetary damages or economic damages. They are precise, quantifiable financial injuries you receive due to slip and fall. For example, medical expenses fall under the category of general damages. So, if you slip and fall at a restaurant and break your arm, you will require medical attention for that broken arm. But why should you pay for an injury you did not cause? Well, the law says that you do not have to. Instead, if we can prove that the defendant is liable for your broken arm, he will be responsible for the bill from your medical treatment.
Another classic example of general damages is lost wages. For example, if you work in construction and can no longer use your arm, and your employer will not reassign you to another job, you may have a claim for lost wages. Of course, your doctor must excuse your time off from work. And please remember, as a plaintiff, you must take care of damages. So, after several weeks or months, you may have to find a different job even if your work is excused. If you cannot do so, we can make that argument in court, but it must be authentic and believable to a jury.
On the other hand, special damages include financial compensation for your physical injuries. Unsurprisingly, your physical pain is more challenging to quantify. We know the exact amount you have to pay with a hospital bill. However, compensation for pain is subjective. Of course, a juror can try to relate the injury to him or herself, but hiring an excellent Maryland slip-and-fall lawyer is crucial.
Furthermore, proving that the injuries happen at all is a factor. For example, a soft tissue injury, such as pain in your neck or back, is authentic. However, your testimony that your neck is bothering you and disrupting your sleep is weaker evidence than an X-ray showing a broken bone.
Of course, we would call your treating medical provider to the stand-in trial to testify that, to a degree of medical certainty, you have a neck injury and the slip and fall caused it. In a personal injury case, the special damages element of your claim is where most of the negotiating occurs. While some insurers for the defense will try to discount general damages, the law does not support that claim 99% of the time. Accordingly, special damages are the category of damages to be aware of.
Once we prove liability in your case, we must prove your damages. As mentioned above, your pain and suffering fall under special damages. Below is a list of the most common injuries we see in slip and fall cases in Maryland.
This is a complex area of torts because there is a limitless number of places where an injury might occur. So, contacting a seasoned Maryland Slip and Fall Lawyer is very important to discuss your unique facts. If a slip and fall has resulted in the loss of your loved one, you may have a viable wrongful death claim.
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