What You Need to Prove in a Slip and Fall Case
If you are injured in a slip and fall accident on someone else’s property, you may be able to obtain compensation for your medical expenses and other losses. However, the success of your case will hinge on whether you can prove that the property owner is responsible for your injury. That’s not always an easy task.
Is Compensation Possible After a Slip and Fall?
Just because you fell on someone else’s premises does not automatically mean you have legal grounds to file a claim against them. Compensation is only possible after a slip and fall if you can establish that the owner of the property or business was negligent or reckless in some way, and that those actions (or inactions) are directly responsible for your injury.
Proving Your Slip and Fall Injury Case
To prove that a property or business owner’s negligence caused your slip and fall injury, you will need to prove several things:
- An existing hazard caused your slip and fall injuries. You will need to show that you fell due to a dangerous or hazardous condition on the property, such as a patch of ice or a puddle of liquid.
- The property owner was negligent and liable. You must also prove that the property owner’s actions or omissions either created the slipping hazard or allowed the hazard to remain for an unreasonable length of time.
- You were on the property lawfully. An owner generally does not owe a trespasser any duty to protect them from hazardous conditions of the property, except to avoid willful or wanton conduct that may injure them.
- You were not careless. Maryland remains one of the few states that still uses the contributory negligence rule, which bars you from recovering compensation for your injuries if you bear any share of fault for your slip and fall. You may need to show that you exercised due care in avoiding obvious hazards or walking across a hazard that you could not avoid.
Evidence in a Slip and Fall Case
Examples of evidence commonly used to establish liability in slip and fall cases include:
- Medical records
- Photos of the accident scene
- Surveillance video footage
- Physical evidence (e.g., your preserved clothing and footwear from the day of the accident)
- Eyewitness statements
- Accident or incident reports prepared by the police, property/business owner, or the insurance company
- Documentation of the maintenance practices and procedures of the property owner
Compensation Available in Slip and Fall Cases
If you successfully prove your slip and fall case, you may be entitled to recover compensation for losses you sustained due to your injuries, such as:
- Costs of medical treatment and rehabilitation
- Lost income
- Lost future earnings and benefits
- Pain and suffering
- Loss of quality of life due to scarring, disfigurement, or other physical disability
Call a Maryland Slip and Fall Attorney Now
The insurance company won’t automatically make a full and fair settlement offer to you after a slip and fall accident. You’ll need to fight for the money you’re owed. But you don’t need to do it alone. Get Trollinger Law LLC on your side.