Three Things to Know About Your Slip-and-Fall Claim

A slip-and-fall can happen anywhere, either by accident, or due to the fault of another. But, in order to initiate a claim, you must consider three important points: who is liable, their negligent actions and whether your actions contributed to the slip-and-fall. Here, the personal injury attorneys at Doug T. Sachse explain these issues in greater detail to prepare you for a potential slip-and-fall claim.

Another Individual Must Be Liable

In order for a property owner to be responsible for the injuries you suffered during a slip-and-fall incident on their property, one of several things must be true.

  • The owner or an employee must have caused the hazardous environment that directly caused your slip-and-fall incident.
  • The owner or an employee must have known about the hazardous conditions, but done nothing to remedy them.
  • The owner or an employee should have known about the hazardous conditions and remedied them, because that is what any reasonable person caring for a property would have known or done.

The third scenario is argued most frequently in slip-and-fall claims, but the wording “should have known” is vaguer than the wording of the other scenarios, and so it can be difficult to prove. A judge will use common sense, and the concept of “negligence,” in order to determine who is at fault.

The Owner or Employee Who is Liable Must Have Demonstrated Negligence

Negligence is based on someone’s failure to perform reasonable actions. If a reasonable owner or employee could have taken steps to prevent, mitigate or repair the hazardous environment that caused your slip-and-fall incident, but no such steps were taken, the owner or employee would be considered to have been negligent. If negligence is found to have occurred, you may be able to seek compensation for your injuries, lost work wages, pain and suffering and more. However, an experienced personal injury attorney will be able to better determine whether your case meets the requirements for negligence and liability.

You Must Not Be Responsible in Any Way for Your Injuries

In the state of Maryland, a concept known as contributory negligence exists. Contributory negligence refers to the fault of an injured individual in receiving their injury—in other words, it refers to a situation where the plaintiff was in some way responsible for what happened to them. If the plaintiff was in any way responsible for their slip-and-fall incident—perhaps due to intoxication, or carelessness—they will be barred from collecting damages for their injuries. It is important to think carefully about your incident, and ensure that you were in no way responsible for the injuries you sustained.

The Personal Injury Attorneys at Doug T. Sachse are Available to Review Your Case

If you have suffered injuries after a slip-and-fall incident, you may be able to seek damages. Keeping these three considerations in mind, one of the skilled personal injury attorneys at Doug T. Sachse will carefully review your case, and provide guidance on how best for you to proceed. For more information about slip-and-fall claims, contact the attorneys at Doug T. Sachse today!

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