If you were injured on someone else's property, the property or business owner may be liable. Property and business owners have a duty to provide a safe environment to visitors. That includes business owners, landlords, friends, family, and employers. Property owners have a duty to correct hazards or warn you to avoid the hazards.
Premises liability falls under the umbrella of personal injury law. It covers a wide range of accidents, such as slip and fall, swimming pool accidents, and injuries caused by criminal attacks. However, you have to prove that the property or business owner knew or should have known about the hazard and failed to warn you. To win your case, you will need the help of an experienced Maryland premises liability attorney.
Attorney Patrick D. Troxler, Esq., is an experienced trial attorney who represents Charles County premises liability injury victims and their families. If you have been hurt on someone else's property, please call us today to schedule your free consultation and get on your way to a full financial recovery.
Premises Liability Accidents
Examples of the types of accidents which can fall under premises liability include:
- Slip and fall/trip and fall
- Swimming pool accidents
- Elevator and escalator accidents
- Fires and explosions
- Construction accidents
- Structure collapse or failure
- Falling objects
- Vending machine tip-over
- Trampoline accidents
- Children harmed by attractive nuisances, such as old refrigerators
- Criminal attacks and assaults
- Overzealous security
- Auto, truck, and heavy equipment accidents
- Food poisoning
Slip And Fall
Slip and fall/trip and fall is a common type of premises liability claim. Examples of the types of hazards that can lead to slip and fall include:
- Spills that are not cleaned up in a timely fashion
- Wet floors that are not marked or blocked off
- Cleaning residues
- Improper snow and ice removal
- Leaky refrigeration units
- Slick mold overgrowth
- Damaged flooring
- Uneven flooring
- Damage stairs
- Uneven stairs
- Unmarked step up or step down
- Loose rugs or carpeting
- Cords across walkways
- Open cabinets and other low obstacles
- Items in walkways, such as boxes and other messes
- Damaged sidewalks
- Damages parking lot surfaces
- Inadequate lighting
Premises Liability Locations
Premises liability incidents can happen on virtually any type of property, including private homes, commercial buildings, and government buildings. Examples include:
- Retail stores
- Apartment and condominium complexes
- Office buildings
- Parking lots and parking structures
- Banks and ATMs
- Shopping malls
- Airports amusement parks
- Restaurants
- Bars
- Theaters
- Museums
- Public and private schools
- Courthouses
- Hospitals
- Daycare centers
- Hotels and motels
- Fitness centers and health clubs
- Public pools
- Libraries
- Stadiums
- Concert venues
FAQs
Who Can File a Premises Liability Claim?
A premises liability claim can be filed by anyone who has been injured on another person's property due to unsafe or hazardous conditions. This could include:
- Visitors
- Customers
- Tenants
- Trespassers
The essential factor is that the property owner or manager owed the injured party a duty of care. This means they were responsible for maintaining a safe environment.
For example, say a customer slips and falls in a store because of a wet floor. In that case, they could file a claim if the store failed to warn them of the danger or clean up the hazard promptly.
How Do I Prove Negligence?
Proving negligence requires showing that a property owner or manager breached their duty of care. This process involves demonstrating four key elements:
- Duty: First, you need to prove the property owner or manager owed you a duty of care to keep the premises reasonably safe.
- Breach: Next, you must prove that they breached this duty because they failed to address or warn you about the hazardous condition.
- Causation: Then, you must link your injury directly to the breach of duty, showing that it caused harm.
- Damages: Finally, you must show evidence of the damages you suffered. This could include medical bills, lost wages, or pain and suffering.
What Evidence Is Needed To Support a Premises Liability Claim?
Supporting a premises liability claim requires gathering strong evidence. This can include:
- Photographs or videos of the condition that caused the injury
- Witness statements from those who saw the incident or knew about the dangerous condition
- Medical records documenting the injuries sustained
You may also want to obtain maintenance records, accident reports, or security footage showing both the property owner's knowledge of the hazard and their failure to address it. The more comprehensive the evidence, the stronger your claim will be.
Can I File a Claim if I Was Partially at Fault?
Maryland follows a strict contributory negligence rule. This means that if you are found to be even 1% at fault for the incident, you may be barred from recovering any damages.
This rule makes it challenging to receive compensation if your own negligence contributed to the injury. Therefore, it is crucial to work with an attorney who can help you construct a solid case and minimize the impact of contributory negligence on your claim.
Why Choose Patrick D. Troxler, Esq.?
Choose Patrick D. Troxler, Esq., founder of Voice Law, LLC, for your legal needs – particularly when it comes to premises liability claims – because of his extensive expertise and dedication.
A graduate of Howard University School of Law and Morgan State University, Mr. Troxler brings a wealth of legal experience to every case. His diverse background, including over 12 years of service in the United States Air Force Reserve, demonstrates his commitment to serving others with integrity and precision.
With a deep understanding of the law and a passion for advocacy, Mr. Troxler is the solution you've been looking for in legal representation.
Schedule a Free Consultation in Waldorf, MD
If you believe that your injuries resulted from negligence on the part of a property or business owner, please do not wait until it is too late to take legal action. You may be able to recover compensation that will pay for your medical expenses, lost income, and much more.
Call Maryland premises liability attorney Patrick D. Troxler, Esq., at 301-264-6072 today or email us right away to schedule your free consultation.
