Premises Liability Questions:
I Fell at a Store, Can I Get Compensation?
In order to recover for injuries, you must establish the store owner’s liability. This involves proving that the owner had actual or constructive knowledge of the hazardous condition.
What Does It Mean to Be a “Business Invitee” at a Store?
A business invitee is someone who is on the property for the property owner’s benefit. This applies to customers in a store or at any place of business.
I Fell at Someone’s Home, Can I Get Compensation?
The homeowner must keep the home free of potential hazards and warn you of any potentially dangerous conditions. You may be entitled to compensation as an “invitee.”
What if I Am a “Trespasser”?
Trespassers generally have very little legal protection on a premises. The only responsibility of the owner is to not intentionally injure you by creating purposeful hazards.
What Is Med Pay Coverage?
Med Pay coverage can help pay for medical expenses resulting from an injury on someone else’s property, such as in a store or someone’s home. It is not required, but many businesses and/or homes have this coverage.
What Is Proof of “Notice” in a Maryland Premises Case?
The law requires you prove “notice” in order to establish liability. Suppose a customer in the produce section of a grocery store slips on a smashed grape and breaks their ankle. If someone had previously seen the smashed grape and notified the store, then the store is on “notice” that there is a hazard that needs corrected. If they fail to warn customers or correct the issue, then they can be liable. However, if the store was not on “notice” of that smashed grape, then recovery is difficult.
What to Do After a Fall in a Store?
After a fall, it is critical to document what it was that caused the fall with photos. You also need to get the names of the employees that came to your aid. It is also important to ask if the store security cameras captured the fall.
What Can I Get Compensated for in a Premises Liability Case?
You can make a claim for your medical bills, lost wages, and any other out of pockets expenses you have incurred because of the fall. You may also recover future medical expenses, future loss of income, and compensation for the pain and suffering that resulted.
What Is “Contributory Negligence”?
In Maryland, contributory negligence means you contributed in some way to your injury. Regardless of how minimal your contribution is, any contribution at all will preclude you from recovery. It is commonly explained as the 1% law. If you are even 1% at fault you are precluded from recovery.
Does Maryland Recognize “Comparative Negligence”?
No, Maryland does not recognize comparative negligence. It is one of only 4 states that follows contributory negligence.
What Is “Assumption of the Risk”?
Under Maryland law, assumption of risk means that you knew about the risk and voluntarily continued despite it. If this assumed risk contributed to your injury, then you are precluded from recovery.
There Was Surveillance Video, How Do I Get It?
The stores are quick to review the film to see what happened. However, they are not required to share it with you! It is important to get a lawyer to help you, to require that they preserve the video and not destroy it. The only way a lawyer can compel the video to be turned over is through litigation.
When During Litigation Do I Get To See the Surveillance Video?
Maryland law protects the store in these situations. You typically will not have access to the video until after you are deposed, creating an unfair advantage to the insurance company and store. As so much time has passed, your recollection may vary from the videotape. The stores will not share it in advance, as they hope the victim may remember it differently, in their effort to pay less.
Can I Sue for a Sidewalk That Is Defective?
Yes. If a sidewalk is defective you can file a personal injury claim. However, you must show that the property owner knew of the defect, did not fix it, and that you were injured because of it.
Can I Sue for a Roadway That Is Not Designed Well?
Yes. If roadways are poorly designed, you may be entitled to a claim.
Roadway maintenance is a responsibility of the city, county, or state government office. When a government office breaches its duty to keep a roadway safe, it can be held liable for damages caused by foreseeable automobile accidents. It may require expert investigation, so contact Potter Burnett Law to see if you have a case.
What Is Med Pay (MP)?
Medical Payment Coverage, often called Med Pay (MP) is like PIP coverage, through your own policy, that helps pay medical bills and often does not need to be reimbursed.
** FAQs are not a substitute for legal advice and should not be relied upon. **