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Elements of a slip-and-fall claim

On Behalf of | Mar 12, 2024 | Personal Injury

A slip-and-fall accident can lead to serious injuries. Injured parties may seek to recover damages from the property owner.

When making such a claim, it is helpful to know the different elements that go into this type of case.

Proving negligence

A successful claim against a property owner will usually require showing that the person was negligent in some way. Negligence occurs when the property owner fails to take reasonable care to prevent slip and fall accidents on their premises. This can include failing to maintain safe conditions, such as by not fixing a slippery surface or not providing adequate lighting in a dimly lit area.

Proving negligence involves providing evidence that the property owner knew or should have known about the dangerous condition that caused the accident. This can include maintenance records, inspection reports and witness testimony. Additionally, it can help to show that the dangerous condition was present long enough for the property owner to have noticed and corrected it.

Considering contributory negligence

The concept of contributory negligence applies in cases in Maryland. This allows a court to deny to award any damages to a person who was at fault in any way for their injuries. For example, if a victim was texting while walking and slipped on a wet floor, the court may find them partially at fault for the accident. The court would then have the right to deny any payment to the person for their claim.

Showing impact on life

Those injured in a slip and fall may also need to provide evidence of their injuries and the impact those injuries have had on their lives. This can include medical records, bills and testimony from medical experts. Victims may also need to show evidence of lost wages or loss of earning capacity due to their injuries.

Understanding the key evidence and legal considerations involved in a slip-and-fall case can allow those wishing to pursue a claim to better navigate the legal process. It also could help them to ensure they get the compensation they deserve for their injuries.