Although slip-and-fall injuries are a common comedy trope, the truth is, when it happens to you, you realize just how much it hurts –and how badly you can get injured! Permanent neck, back, or spine injury, chronic pain, head trauma, or broken or sprained wrists are common serious injuries many slip-and-fall victims suffer.
If you slipped and fell while on someone else’ property, like the grocery store, walking on a path that should have been cleared of ice, or even going into the DMV, you may have grounds to file a premises liability lawsuit against the property owner or manager. An experienced Parkville, MD, slip and fall lawyer can explain your legal options and draft a suit to demand coverage of your medical bills and other losses. Contact Parker, Pallet, Slezak & Russell, LLC, today for a free consultation.
What Should I Look For In A Parkville Slip And Fall Lawyer?
A slip-and-fall lawyer is a personal injury attorney who pursues premises liability cases. Premises liability is the legal responsibility of property managers and owners to ensure that their premises are safe for guests and visitors. When we are your attorneys, we fight hard to demand full compensation for all your losses, from an ambulance ride to surgery, and consideration for the pain and suffering of your injuries.
We carefully gather evidence, like witness accounts of the incident and safety and maintenance records of the property owner, to build the case of negligence against them. We also accurately calculate the true extent of your losses, considering not just your current out-of-pocket expenses but also the effect the injury may have on your life. For example, if you broke your wrist, you may be unable to work for months. Your settlement should cover unearned wages for the entire time you cannot work.
Protecting Your Rights After An Injury
We believe that property owners should be held responsible for the harm their lack care of the premises causes. We also know that the property owner’s insurance company will fight back hard as insurance carriers loathe paying out large settlements. The insurance adjuster may try to blame you for the accident, claiming you were reckless or didn’t take proper care of your own safety.
We know the common tricks insurance companies use to avoid paying settlements, and we’re on your side to protect you from them. Our attorneys can communicate with the other party on your behalf, preventing them from twisting your statement against you. We demand fair compensation, and we’re ready to take your case to trial to achieve this.
Have You Been Hurt In A Slip And Fall Accident?
If you were hurt in a slip-and-fall accident, we want to help you. The talented personal injury attorneys at Parker, Pallet, Slezak & Russell, LLC, represent injured people like you, demanding that negligent property owners cover their damages and hold them accountable for causing you harm. Contact us today for a free consultation with a Parkville slip-and-fall lawyer. We can explain your options and properly value your claim, fighting for every penny you’re entitled to.
What Is Involved In A Slip And Fall Claim?
Slip and fall lawsuits are a significant area of personal injury law that addresses accidents occurring when an individual slips, trips, or falls due to hazardous conditions on someone else’s property. These cases fall under the broader category of premises liability, which holds property owners and occupiers legally responsible for injuries sustained by visitors due to unsafe conditions. A Parkville, MD slip and fall lawyer understands the intricacies of these lawsuits and can help you get the compensation you may be entitled to. The following is a brief overview of these cases. Call Parker, Pallet, Slezak & Russell, LLC for more detailed information regarding your situation.
Legal Basis
The legal foundation for slip and fall cases is rooted in negligence. To succeed in a slip and fall lawsuit, the injured party (plaintiff) must demonstrate that the property owner (defendant) was negligent in maintaining the premises. Your Parkville, MD slip and fall lawyer will establish the following four key elements:
- Duty of Care: The property owner is legally obligated to keep the property safe for visitors. This duty varies depending on the visitor’s status (invitee, licensee, or trespasser). For instance, invitees on the property for business purposes are afforded the highest level of protection.
- Breach of Duty: The plaintiff must prove that the property owner failed to meet their duty of care. This could involve failing to fix a known hazard, neglecting regular maintenance, or not providing adequate warnings about dangerous conditions.
- Causation: The plaintiff must establish a direct link between the property owner’s breach of duty and the injuries sustained. This means demonstrating that the unsafe condition caused the slip and fall accident.
- Damages: Finally, the plaintiff must show that they suffered actual damages due to the fall, including medical expenses, lost wages, pain and suffering, and other related costs.
Common Causes Of Slip And Fall Accidents
Several factors can contribute to slip and fall incidents. Common causes include:
- Wet or Slippery Floors: Spills, leaks, or weather conditions can create hazardous walking surfaces.
- Uneven Surfaces: Cracked sidewalks, potholes, or uneven flooring can pose significant risks.
- Poor Lighting: Inadequate lighting can prevent individuals from seeing potential hazards.
- Obstructed Walkways: Items left in walkways or clutter can lead to trips and falls.
- Lack of Handrails: Staircases or elevated areas without handrails increase the likelihood of accidents.
Defenses In Slip And Fall Cases
Property owners often defend against slip and fall lawsuits by arguing that they were not negligent. Common defenses include:
- Comparative Negligence: This defense asserts that the plaintiff shares some responsibility for the accident. If the plaintiff is found to be partially at fault, their compensation may be reduced proportionally.
- Lack of Notice: The property owner may argue that they were unaware of the hazardous condition and had no reasonable way of knowing about it.
- Assumption of Risk: If the plaintiff knowingly entered a dangerous situation, the property owner might claim that the plaintiff assumed the risk of injury.
The Role Of Insurance
Insurance plays a crucial role in slip and fall cases. Property owners typically carry liability insurance to cover potential claims. When a lawsuit is filed, the insurance company often steps in to negotiate a settlement or defend the property owner in court. Understanding the insurance aspects can significantly impact the outcome of a slip and fall lawsuit, as many cases are resolved before they reach trial through settlements.
Call Our Office For Legal Help
If you have been injured due to a negligent property or business owner, a Parkville, MD slip and fall lawyer can be your strongest advocate. Contact Parker, Pallet, Slezak & Russell, LLC to schedule a free case evaluation and find out what legal recourse you may have for the losses you have suffered.
Slip And Fall Lawsuit FAQs
A Parkville, MD slip and fall lawyer understands that pursuing a slip and fall personal injury claim can be overwhelming, especially if you are still recovering from your injuries. It isn’t uncommon for the at-fault party’s insurance company to try to blame the victim for the accident. If you have been injured in a slip and fall, call Parker, Pallet, Slezak & Russell, LLC, and let us fight to get you the compensation you deserve.
What Is A Slip And Fall Lawsuit?
A slip and fall lawsuit is a legal claim made by an individual injured after slipping, tripping, or falling on someone else’s property due to hazardous conditions. These types of accidents fall under premises liability, which holds property owners accountable for maintaining a safe environment for visitors. A slip and fall case typically involves proving that the property owner was negligent in maintaining or inspecting the property, leading to the dangerous condition that caused the injury.
Wet floors, uneven surfaces, broken sidewalks, poorly lit areas, and obstacles in walkways are common hazardous conditions that can lead to slip-and-fall accidents. If the property owner knew or should have known about the danger and failed to address it, they may be held liable for any resulting injuries.
To win a slip and fall case, the plaintiff must demonstrate that the property owner was negligent and that their negligence directly caused the injury. In addition to proving liability, the injured party must also show that the fall caused actual damages, such as medical expenses, lost wages, or pain and suffering.
What Should You Do Immediately After A Slip And Fall Accident?
If you are involved in a slip and fall accident, taking the proper steps immediately after the incident can help strengthen your case later. Here are some important actions to take:
- Report the Accident: Always report the slip and fall to the property owner or manager as soon as it occurs. This will create a record of the incident and ensure the hazard is documented.
- Seek Medical Attention: Even if your injuries seem minor, it’s important to see a doctor right away. Some injuries, such as soft tissue damage or concussions, may not be immediately visible but can have long-term consequences. Medical records will also be crucial evidence in your case.
- Document the Scene: If possible, take photos of the area where you fell, focusing on dangerous conditions such as wet floors, broken steps, or cluttered walkways. This visual evidence can support your claim that the property owner was negligent in maintaining the premises.
- Collect Witness Information: If there were any witnesses to the fall, gather their contact information. Witness testimony can provide further validation of your account of the incident.
What Are The Common Defenses In Slip And Fall Lawsuits?
Property owners and their insurance companies often try to defend themselves against slip and fall lawsuits by raising several common defenses. Some of the most frequently used defenses include:
- Lack of Knowledge: Property owners may argue that they were unaware of the hazardous condition that caused the fall. They might claim they were not informed about the danger or that the condition was too difficult to identify or fix.
- Comparative Negligence: Some property owners may claim that the injured party was partially responsible for the fall due to their own actions, such as walking too fast, not paying attention, or ignoring warning signs. In comparative negligence states, this defense can reduce the amount of compensation the plaintiff may be awarded, depending on the percentage of fault attributed to the injured party.
- Assumption of Risk: In certain cases, the property owner may argue that the injured person assumed the risk by entering the property despite knowing the dangerous condition. For example, if there was a “wet floor” sign and the individual chose to walk on it anyway, the property owner may claim the person accepted the risk of falling.
- Open and Obvious Hazard: In some cases, the defense may argue that the hazard was obvious, and the injured party should have noticed it. If a wet floor or a pothole was clearly visible, they may claim the victim was at fault for not avoiding the hazard.
How Can A Lawyer Help With A Slip And Fall Lawsuit?
A lawyer who specializes in personal injury and premises liability cases can provide crucial assistance throughout the process of a slip and fall lawsuit. Here are several ways a Parkville slip and fall lawyer can help:
- Investigating the Case: A slip and fall lawyer will thoroughly investigate the accident, gathering evidence such as medical records, witness testimony, and photographs of the scene. They can also investigate the property owner’s history of maintenance and past incidents, which can help establish negligence.
- Determining Liability: An experienced lawyer can help identify the responsible parties, which may not always be the property owner. For example, if the slip and fall occurred due to a faulty product, a manufacturer may also be liable.
- Handling Insurance Companies: Insurance companies often try to minimize payouts or deny claims altogether. A lawyer will negotiate with the insurance company on your behalf, ensuring you don’t settle for a lowball offer and helping you secure the maximum compensation you deserve.
- Representing You in Court: If a fair settlement cannot be reached, a lawyer will represent you in court, presenting your case to a judge or jury.
Call Our Personal Injury Law Firm For Legal Help
Having a Parkville slip and fall lawyer by your side can significantly increase your chances of winning a lawsuit and securing the compensation you need for your injuries. Call Parker, Pallet, Slezak & Russell, LLC to schedule a free case evaluation and learn what legal options you may have.
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"I had an amazing experience with Parker, Pallett, Slezak and Russell. My lawyer was Carmen Slezak she was amazing her and her team worked with me every step of the way. Amazing staff always an amazing atmosphere, friendly, and if you like dogs they have one or two at the office. I'm so thankful and greatful to have met the staff and feel almost like family. Thank you again Parker, Pallett, Slezak & Russell law office."
G Amato
Parker, Pallett, Slezak & Russell, LLC
11450 Pulaski Hwy
White Marsh, MD 21162
Toll free: (410) 779-3590