Premises Liability: Slips, Trips, Falls, and Criminal Acts

Maryland, Northern Virginia, and Washington D.C. Slip And Fall, And Premises Liability Lawyers

Our premises liability attorneys help clients with slip, trip, fall, and premises security cases in Maryland, Washington DC and Northern Virginia.

Slips, Trips and Falls

Each year people are injured in accidents that occur when premises are not properly maintained and managed. Slips, trips and falls are a leading cause of injury in the United States. "Slip and fall injury" or "trip and fall injury" is the generic term for an injury that occurs when someone slips, trips or falls as a result of a dangerous or hazardous condition on someone else's property, such as ice, snow, grease or some other slippery substance on a walking surface, as well as abrupt changes in flooring or elevation, poor lighting, dangerous equipment, or a hidden hazard, such as a gap or a hard-to-see hole in the ground. Responsibility of the property owner spreads from the clearing the snow in the parking lot, to insuring that there is a trained lifeguard on-duty at the apartment swimming pool. Landlords, employers, elevator companies, local governments, and mass transit authorities can all be responsible for injuries on property if they do not take proper precautions to protect visitors.

The law places a duty on a property owner or a person in control of property to use reasonable care to maintain the premises in a safe condition, and to discover the existence of any dangerous or unsafe conditions on his/her property that could cause harm to anyone. Assuming there are dangerous conditions, the owner also has a duty to warn persons who are visiting the property. But keep in mind each person has a duty to watch where they are going, and is responsible “to see” what conditions should be seen.

In many cases a local, city, state or federal government may be at fault if the injury is on public property. Other examples of premises liability cases include swimming pool or elevator accidents, and injuries from debris or unsafe conditions at a construction or worksite

Criminal Activity and Security

A landlord or property owner also has a duty to take reasonable measures to put in place security e.g. locks, lighting, cameras, fences, or in some cases, even hiring guards in order to protect tenants or visitors. How far a property owner must go generally depends on the character of the neighborhood and the level of crime in the surrounding area. If a landlord, a property or business owner fails to take appropriate steps, he can be held liable for what is called "negligence in security". Samples of these claims involve shootings or sexual assaults at hotels, bars, restaurants and apartment complexes. Thorough investigation and expert witness testimony are crucial in these cases in order to determine whether reasonable security measures were in place to prevent crime on the premises.

What should you do if injured?

An accident report should be completed at the time of the incident noting what happened, who witnessed both the accident and the conditions that caused the fall along with any other relevant information such as lighting, weather (if accident occurred outdoors) or hidden hazards. Getting pictures of the hazard or area can be crucial to a claim. The requirement for a report is generally a store or business policy, rather than mandated by law. However, the timely reporting of the accident is most beneficial for all involved parties.

If a report is not completed at the business location or scene of the accident, or the accident was not observed by others, take the time to write down your recollection of what happened as soon as you possibly can. Information you gather immediately or soon after the accident occurs is much more accurate than any gathered later on when your memory is not as fresh. Include information such as:

• Date and time the fall down accident occurred
• A description of the circumstances surrounding the accident, such as grease or water being on the floor and whether there were any signs or warnings that the floor was slippery or there was some other hazard.
• Who was present at the time the fall or accident occurred and a written record of the comments made by those who saw or helped after the fall; contact information for witnesses
• If possible, take photos of the area as soon after the accident occurred as possible, and
• If you were physically hurt, have your injury treated immediately. If treatment is delayed, the property owner may argue that it was not his or her negligence that caused your injury, but rather something that occurred between the time of the fall down accident and your visit to the doctor.

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If you need the help of an experienced employment discrimination lawyer, personal injury or insurance attorney in Maryland, Washington DC or Northern Virginia, please contact the Law Offices of Stuart L. Plotnick, LLC in Rockville, Maryland