Gaithersburg: 301-670-7030
Baltimore: 410-769-5400
Frederick: 301-668-2100
Contact Us For Legal Help

Slip or Trip and Fall

Slip and fall accidents injure many people each year. A large percentage of these injuries are as a result of a defect that could have been prevented by ordinary or reasonable care. Unfortunately, these cases are often very challenging cases to win. As a result they are undervalued and hard fought by defendants and many Plaintiff attorneys refuse to handle the claims, especially in certain jurisdictions. A careful analysis of the following factors is important if a claim is to be successful:

  • The plaintiff - The credibility of the injured person is crucial since most of these cases are not witnessed. It is important that an attorney have an opportunity to speak to the Plaintiff while memories are fresh and all details can be recalled. Furthermore, the Plaintiff must not have contributed to the accident. In other words, was the Plaintiff taking reasonable care considering the circumstances (appropriate foot wear for the weather conditions, watching where they were going, etc.)
  • The defect - What caused the Plaintiff to fall? If it was not an object, was it the design of the area? Did the Plaintiff's age, dress, or physical condition, play a role?
  • The injury - Is the injury consistent with the description of the accident?
  • Causation - Was the Cause of the injury within the control of the Defendant. For example, if the Plaintiff slipped on water, was the wet condition caused by the defendant or was it caused by another customer a few seconds earlier of which Defendant was unaware.
  • Notice - This is usually the most difficult area. A Plaintiff must prove that the Defendant knew or should have known of the dangerous condition in order to be successful. For example, if a store employee failed to mop up a spill that he knew about, that would be considered “notice” of the dangerous condition. Similarly, if the store does not have a policy of checking the aisles every hour that may be considered “constructive” notice. Furthermore, if the area was designed in a way that is defective (improper height of step or no handrail) that may be considered sufficient notice of a defect.
  • Duty of the defendant - The defendant has different standards of care depending on the status of the Plaintiff. If the Plaintiff has come to a store to purchase goods then the Defendant has a much higher duty to the Plaintiff than if the Plaintiff is a trespasser.

After careful consideration of all of the above factors, we can determine the next steps to take. Where appropriate and possible, pictures and diagrams of the accident scene can be helpful. Often an expert witness may be required to prove the negligence (defect which caused the injury) of the defendant.


What Our Clients Say

Known for our unwavering commitment to clients, for our integrity, and for delivering the best results, our clients continue to refer their friends, families and neighbors to us for their legal needs.


"

One year ago today I made the call to your office. The best decision I could make. I wanted to share with you how impressed I am with your staff and your professionalism.

Heather P.

"
"

Craig did a great job representing me! He's the lawyer I have trusted with my legal needs because he's professional, knowledgeable, and keeps me informed about my case.

Jaclyn K.

"
"

I would like to express my gratitude for your efforts and dedication for my disability case. It's has been quite a long and upsetting process but you have handled my case in an extremely competent and responsible manner.

Leo H.

"
"

I have recommended Mr. Feldman to several of my friends and colleagues and have heard nothing but excellent reviews. He is the best lawyer I have ever used.

Martin

"
"

I received the check today. I could not believe it until I saw the check. Thank you so much. You have improved my family's quality of life tenfold.

Mike F.

"
"

These guys go above and beyond! They always have your best interest in mind.

Mike W.

"
"

You have been kind throughout this process and I appreciate your professionalism as well as your gentle concern. Thanks for helping us and all the others who need your legal expertise. We are grateful.

Nancy F.

"
"

Thanks to Mr. Shultz's aggressive and professional work ethic style I was able to receive the medical services and compensation pertaining to my case.

Navdeep C.

"
"

I can honestly say this firm is simply TOP NOTCH! They not only have handled countless cases for my members that require their services, they also have gone well beyond their "scope" to help some of my folks in other areas of need.

Rick H.

"
"

The attention and professional care the staff has taken toward my needs has always been excellent. I have no complaints nor worries that my issues discussed are not addressed.

Tim T.

"
"

I just got off the phone with Craig and let him know how thankful we are to you, him and Ken for all your efforts – you are all really terrific to work with!

Val K.

"

Locations Throughout Maryland, Virginia & Washington DC

Gaithersburg Office

481 N. Frederick Avenue, Suite 300
Gaithersburg, MD 20877
301-670-7030 / 800-248-3352

Lutherville Office

1301 York Road, Suite 600
Lutherville, MD 21093
410-769-5400 / 800-248-3352

Frederick Office

30 W. Patrick Street, Suite 105
Frederick, MD 21701
301-668-2100 / 800-827-2667

Subscribe To Our Newsletter


TOP