Hello. I am an attorney practicing in Maryland, D.C., and soon in Virginia, but this blog will be very generalized so that it is not specific to one jurisdiction. The purpose of this blog is to post general information for your rights with regards to various types of personal injury matters, including car accidents, work injuries, medical and dental malpractice, nursing home negligence, products liability, and social security disability. My goal is to provide you with as much information as possible so you are more informed prior to contacting or retaining an attorney to represent you. Each blog posting will cover a specific area of personal injury law. I will update my blog from time to time as necessary. If you have any questions, I can be reached at 240-993-9850 or via e-mail at andrewsindler@aol.com.
PERSONAL INJURY IN GENERAL
It's only natural that when we suffer bodily injury, no matter how severe, we want to blame someone and possibly even be compensated if someone else was at fault... but how far will the law allow us to go? It depends on the type and nature of the injury. To make it easier, I'll break it down by topics. This one is devoted to slip and fall accidents.
SLIPS & FALLS
It's funny when it happens in the movies or on television. Sometimes we even laugh when we see it happen in real life, even when we try not to do so. But the truth is, in real life it's usually not funny at all. Slips and falls can cause very serious injuries, just like car accidents, work accidents, or medical malpractice. The good news is that I won't have to repeat anything about the injuries or damages, or choosing an attorney, because you can read about those in the car accident or healthcare malpractice posts. The only thing I will discuss in this post is how liability is determined in these types of cases.
LIABILITY OF A THIRD PARTY
There are many instances when a slip and fall accident is the result of someone else's negligence Generally, the question to answer is was there a dangerous or defective condition created or caused by another person or entity that caused the fall. For example, if you slip in a puddle of water that was on the ground as a result of a leak from pipes, and the owner or manager of the building knew or should have known about the leaky pipes and did nothing about it, then it can be argued that he/she caused the puddlbe which caused the person to fall, which makes him/her liable in negligence.
The main pitfall in slip and fall cases is that many times the person who slips and falls is partially or fully to blame as well, and in many cases the person who slips and falls may not be able to recover damages, or may be limited in what they can recover. In the example above, even if the owner/manager of the building created or caused the puddle of water, if the person who slips and falls clearly sees the puddle and chooses to try to walk through it rather than around it, that person contributed to their fall and injuries, and in some jurisdictions (including Maryland), would be forbidden from bringing a claim for negligence.
Slip and fall cases can be difficult to prove and damages are not always easy to recover- but that doesn't mean you may not be entitled to them, and an experienced attorney can help you evaluate your potential case for you.
Regardless of content, the information contained in this blog is intended for educational purposes only and shall not operate to bind the writer or any associated or referenced business, law firm, or other entity to any order or other contract unless pursuant to explicit written agreement or government initiative expressly permitting the use of such blog for such purpose. The reader hereby expressly agrees to save and hold harmless from liability the writer or any associated or referenced business, law firm, or other entity for the information provided in this blog, and further acknowledges that the information contained in this blog does not constitute legal advice or counsel, and shall merely be construed as informational, and not binding advice. The reader further acknowledges and agrees that this information does not serve to create a lawyer-client or legal relationship between the reader and the writer or any associated or referenced business, law firm, or other entity.
Sunday, January 13, 2008
Subscribe to:
Post Comments (Atom)
1 comment:
When an employee is injured at work and it is no their fault, they may be entitled to compensation to cover medical bills or possible time off work, due to the injury. Unfortunately many people attempt to claim frivolous claims to get some extra money, whereas genuine injured parties may stay quiet. If someone believes they have a genuine case of an accident at work which lead to a drop in earnings they should speak to a professional to see if they have a claim. Also if the injury occurs out of the workplace you may still be entitled to reparations due to the personal injury being someone else’s fault.
Post a Comment