If you have been injured in a slip-and-fall accident in Derwood, MD, you may be able to claim compensation. To do this, you’ll need to prove negligence. The property owner may refuse to accept liability and instead claim that you were at fault. An experienced personal injury attorney can help you obtain evidence and prove that negligence occurred.
How Do I Prove Negligence in a Slip-and-Fall Case in Derwood, MD?
What Is Negligence?
To be able to claim compensation after a slip-and-fall accident in Maryland, you must prove the following:
- A duty of care existed to you
- The property owner breached the duty of care
- You suffered injuries
- Your injuries resulted from the failure in the duty of care
The first two elements are typically grouped together to establish negligence. These are the areas that are often the most contested in personal liability claims. Often, the property owner may claim that there was no failure in their duty of care or that you were negligent in failing to observe the conditions. Proving negligence of the property owner is therefore key to securing a settlement.
What Is the Duty of Care?
The Maryland Premises Liability Act requires property owners to exercise reasonable care to ensure that their property is safe for lawful visitors. The law does not explicitly state what this means or how it applies to different circumstances. However, generally, this requires the property owner to carry out regular inspections and either fix any problems or provide adequate warning.
A duty of care can only exist if the property owner was aware of the hazard, or crucially, if they should have been aware of the hazard. If a property owner should have anticipated a hazard but took no steps to prevent it or provide any warning, they will be treated as liable. Obvious hazards are more ambiguous legally, but the property owner is still required to provide a warning or take preventative action where possible.
Proving Negligence
Demonstrating a legal reason to be on the premises is the first requirement, which is normally quite easy to establish. Proving that the property owner breached their duty of care can be more challenging. Evidence that shows they were aware of the hazard, or that they should have been aware, can help to prove your claim. Examples of evidence might include:
- Photos showing the hazardous conditions
- Surveillance footage showing when the hazard was created
- Maintenance records showing the frequency of inspections
- Accident log showing previous injuries
- Prior complaints about the hazard
- Witness statements
- Proof of previous repair attempts
Get Advice From a Personal Injury Attorney
There are many possible defenses that a property owner may put forward to refute your claim, such as suggesting you were liable for your own accident. Maryland follows modified comparative negligence laws, which means your payout will be reduced by the proportion of liability assigned to you. It’s therefore essential to hire an experienced attorney who can ensure you get the compensation you’re entitled to.
With a proven record of securing compensation for our clients, we can help with any slip-and-fall claim. Contact us today at Lead Science Personal Injury in Derwood, MD to schedule a free consultation.
Connect with us
