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How Easy is it to Prove liability in a Maryland Slip and Fall Accident?

The ability to prove liability in any personal injury lawsuit requires a detailed review of the facts of the case, which includes understanding the circumstances surrounding the victim's injuries. A skilled attorney can help potential plaintiffs determine the viability of a lawsuit, but the facts must sufficiently support the victim's claims, otherwise there is a good chance the suit will be thrown out.

Although shopkeepers and other business and property owners understand the potential liability of slip and fall accidents occurring on their premises, these kinds of personal injury lawsuits are still quite common in Maryland. There are several important points to remember when planning a lawsuit, not the least of which is how the court may view your claim as the victim of a negligence-related slip and fall. The following are a few considerations when contemplating the filing of a personal injury lawsuit following a Maryland slip and fall accident:

Is the Property Owner Legitimately Liable?

Although slip and fall injuries occur every day, they aren’t as easy to prove as Hollywood or primetime TV shows would lead many people to believe. Of course, property owners are obligated under the laws of the State of Maryland to provide safe, hazard-free environments for their customers and the typical passerby, but even given the facts of a case, Maryland's contributory negligence statute can make it tough on a victim when it comes to proving negligence on the part of a property or business owner. At Lebowitz & Mzhen, LLC, our legal staff can review your case and determine if there are sufficient grounds for a personal injury claim.

Is There any Possible Contributory Negligence on the Plaintiff's Part?

One of the most difficult aspects of a slip and fall personal injury case entails the possibility of contributory negligence on the part of the victim. As personal injury experts, our attorneys understand Maryland's doctrine of contributory negligence and its effect on slip and fall cases. We know that the defendant's lawyers will try to make strong arguments that lay blame solely, or even partially, on the plaintiff.

Some of the more common arguments used by defendants include demonstrating the plaintiff's prior knowledge of a defect in the walkway or other structural aspect of the defendant's premises; trying to prove that the plaintiff had a pre-existing medical condition; showing obvious carelessness on the part of the plaintiff, etc. As skilled slip and fall injury lawyers, Lebowitz & Mzhen, LLC, know that if a judge or jury finds that the plaintiff had an even one percent responsibility for the slip and fall, the law says your case can be thrown out.

Are the Plaintiff's Injuries Permanent and/or Extremely Debilitating?

Presenting the plaintiff as a sympathetic victim is an important part of arguing a slip and fall case, but so is the victim's true condition. Victims of slip and fall accidents can sustain a wide range of injuries as a result of such events. While minor “soft tissue” injuries (bruises and sprains) are the most common maladies, serious conditions such as a closed-head trauma, wrist injuries, broken hips, fractured ankles as well as neck, back and spinal injuries can easily result from a Maryland slip and fall accident.

A skilled attorney can often demonstrate to a judge or jury that the victim is not only a likeable individual but also that most anyone could have been injured in the same manner. The relatability of the victim — and his or her injuries — can mean the difference between winning a personal injury lawsuit and receiving a non-favorable judgment. If jurors can personally relate to the plaintiff's experience then there is a better chance that the victim will gain the court's sympathy. Similarly, if an experienced personal injury attorney can present evidence that portrays the defendant as a less than thoughtful business owner, doing so can also help sway a jury to decide in favor of the victim.

Consulting with an experienced Maryland slip and fall attorney can provide the victim of a personal injury accident with better insight into his or her case, as well as offering an improved understanding of the chances for winning such a claim. If the facts show sufficient grounds for a claim, the next step would be to make a comprehensive assessment of the plaintiff's financial damages resulting from the accident.

If you or a loved one has been badly hurt in a slip and fall accident, please feel free to contact our law offices to set up a free, no-obligation consultation. You owe it to yourself and your loved ones to try and recover the maximum damages allowable by law. The legal team at Lebowitz & Mzhen, LLC, is ready, willing and able to assist you with your personal injury case.

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I am proud to have had Lebowitz & Mzhen represent me in an automobile personal injury case I was involved with. Not only did they come through with a settlement worth far more than I thought possible, the entire office was always friendly, knowledgeable, and ready to answer any questions I had. Should an incident like this occur again, I will not hesitate to contact Lebowitz & Mzhen for their counsel, advice and representation, and I would wholeheartedly recommend them to anyone seeking honest and effective attorneys. Mark B.
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