An unexpected fall can have serious consequences for the person unlucky enough to lose their footing. In light of that, property owners have a responsibility to keep their land reasonably safe for lawful visitors to walk through without fear of slipping or tripping—and if they fail to meet that responsibility, they could face civil liability for ensuing damages.
If you suffered injury in a fall caused by unsafe conditions on someone else’s property, a Laurel slip and fall lawyer could potentially help you enforce your legal right to civil recovery. These cases can often be surprisingly complex for individuals unfamiliar with personal injury law to handle, so seeking a skilled personal injury attorney’s help is often a crucial first step to effectively recovering compensation.
Proving a Property Owner at Fault for a Fall
Contrary to what some people might think, property owners and managers are not automatically liable under civil law for any and all accidents that occur on their property. To hold a landowner financially liable for injuries sustained in a slip and fall, the injured party must prove that said landowner was “negligent” in their management and upkeep of their property.
Broadly speaking, property owners are expected to take reasonable measures to provide safe premises for lawful visitors to travel through, with a slightly more extensive duty being owed to “invitees” like retail customers whose visit primarily benefits the property owner in financial terms. However, as a Laurel trip and fall attorney could further explain, what exactly constitutes “reasonable” action to keep a walking surface safe can vary a lot depending on the situation.
For example, a store manager who allows a spill in one of their aisles to remain unaddressed for several hours may bear liability for injuries experienced by a customer who slipped and fell because of that spill, as a reasonable manager would have checked the store for such hazards or had an employee do so during that time. However, the same manager might not be at fault for an accident that happened within minutes of the spill occurring, as it might not be reasonable to expect property inspections of that frequency.
How Contributory Negligence Could Prevent Financial Recovery
Another legal concept that can significantly complicate recovery efforts after a slip and fall is “contributory negligence,” a term which refers to the degree of liability an injured party may hold for causing or worsening their own injuries. In most states, plaintiffs who are primarily to blame for their own accidents are barred from recovering compensation, but partially liable plaintiffs can still seek at least partial restitution for their damages, with a reduction in their final award proportional to the percentage of total fault for the incident they hold.
In Maryland, though, courts enforce a “pure contributory negligence” approach to this matter which bars injured parties completely from recovery if they bear even one percent of the blame for their damages. In light of this, assistance from a seasoned lawyer is virtually essential to recovering compensation if there are any questions whatsoever about contributory fault following a slip and fall in Laurel.
Contact a Laurel Slip and Fall Attorney Today
For various reasons, pursuing civil restitution for slip and fall injuries can be an immensely complicated endeavor. If you try to proceed with a claim like this without retaining legal counsel, you are likely to have very slim odds of achieving a favorable final resolution.
Fortunately, help is available from a dedicated Laurel slip and fall lawyer who could fight tirelessly for a positive result on your behalf. Call today to learn more.