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How Common Is It That Victims Of A Slip And Fall Are Negligent Themselves?

It is very common for the victim of a slip and fall accident to be negligent in causing their own injury. Texting, being on social media, or talking to people are common distractions. Distractions are probably the number one cause of accidents today.

How Does The Law Determine If A Store Property Owner Should Have Known Of A Dangerous Condition On Their Property?

First, there has to be notification to the owner that a dangerous condition exists. If a business is being run properly, any condition will be discovered quickly and made known to the owner of the property. In a situation where, for example, it’s a rainy day and you are at a restaurant where soaked patrons are entering and exiting, the floor (naturally) is wet, and you slip and fall, the truth is that things like that are expected to happen. Recovering damages in that situation is very different than if (for example) there is broken glass in the aisle and the glass (a dangerous condition) has been left in the aisle for four hours, and it’s right at the corner of the aisle, so you don’t notice the glass until it’s too late. Slip and fall cases are very fact intensive: each situation is unique and presents its own set of challenges in determining whether the owner of a property was negligent for not knowing about the condition, or whether the owner should’ve known, and did nothing to abate the situation.

How Does Contributory Negligence Impact A Slip And Fall Or Trip And Fall Case?

Other states follow the law of comparative negligence, where the state will weigh liability and see if the owner was at fault, for example, 70% and the injured party was at fault 30%. In Maryland, however, according to contributory negligence laws, you must be completely faultless in order to be able to recover for your injury.

How Often Do Slip And Fall Cases Actually Settle As Opposed To Going All The Way To Trial?

The vast majority of cases will settle. Trials are actually quite rare across the board following discovery.

How Do You Determine The Viability Of A Slip And Fall Or Trip And Fall Accident Case?

Sometimes, we have to hire experts who are versed in coding violations. When you are dealing with properties that are not up to code, then you know that there is a violation and it just comes down to whether the person the injured party was also negligent. Of course, we look at the extent of the injuries as well. A sprained ankle may not be worth pursuing if there is a liability issue, as opposed to someone who fractures or breaks a bone or falls and suffers a concussion. Cases involving a severe injury are worth a lot more and an attorney will take a chance on those higher value cases, because the cost of the time spent establishing liability will be covered by the potential recovery.

Additional Information On Slip And Fall or Trip And Fall Cases In Maryland

When an accident occurs, be sure to report it so that it is documented. Make sure that you follow up on medical treatment and consult with an attorney to see what the best steps are in your situation. Insurance companies are not likely to pay if they can claim that you were negligent and could have avoided an injury.

For more information on Negligence In Slip And Fall Accidents, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (800) 400-2350 today.

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