At a minimum, a slip-and-fall settlement usually covers medical expenses and other out-of-pocket losses. These economic losses often exceed $40,000. Additionally, slip-and-fall victims are entitled to compensation for pain and suffering. In most cases, two or three times the economic losses is a reasonable amount of non-economic damages. In some extreme cases, additional punitive damages are also available.

The amount of a slip-and-fall settlement usually hinges on the two areas discussed below. If a Waldorf, Maryland personal injury lawyer from the Law Office of Robert R. Castro obtains sufficient evidence in both areas, the claim may well settle out of court. These resolutions benefit the victim/plaintiffs in many ways, mostly because a settlement is a final resolution. When insurance companies lose court cases, they often appeal the verdicts. When they settle cases, they immediately write checks.

Duty of Care

A premises liability negligence case, like a slip-and-fall or dog bite, usually begins with the duty of care. Maryland, like most other states, uses a property visitor classification system to determine the duty of care.

• Invitee: Most slip-and-fall victims are invitees. An invitee is on the property at the express or implied (an “Open” sign) invitation of the owner. Furthermore, the invitee must provide an economic or non-economic benefit to the owner. Owners have a duty of reasonable care toward invitees. That’s one of the highest standards of care in Maryland law.
• Licensee: The duty of care is reduced to a duty to warn (e.g., display a “Caution Wet Floor” sign) if the victim was a licensee. These individuals have express or implied permission to visit, but they do not benefit the owner. A guest of an apartment tenant or hotel guest is usually a licensee.
• Trespasser: This pejorative term simply refers to a slip-and-fall victim who doesn’t have the owner’s permission and doesn’t benefit the owner. Children who skateboard after school are trespassers. Usually, owners have no duty of care in these situations. Tales of injured burglars who sued homeowners are mostly urban myths.

If a breach of duty, or knowledge of the hazard, substantially causes injury, an Upper Malboro, Maryland personal injury lawyer can obtain compensation for economic losses, such as medical bills, and non-economic losses, such as pain and suffering.

Frequently, these categories overlap. For example, if Joe shops at Costco, he’s an invitee. But if he shoplifts an item or breaks another conduct rule, he instantly becomes a trespasser.

Knowledge of Hazard

A property invitation can be direct or indirect. Likewise, knowledge of a wet spot or other slip-and-fall hazard could be direct or indirect.

Direct evidence of actual knowledge, such as a restroom cleaning report, may be the most powerful evidence on this point. Usually, property owners bury such evidence until the last minute. So, if a lawyer settles a slip-and-fall case too early, the best evidence of knowledge, and therefore the largest possible settlement, may be unavailable.

Indirect evidence of constructive knowledge (should have known) is also admissible on this point. Most courts use the time-notice rule to evaluate such evidence.

Picture a banana peel on the floor. If a victim slips and falls on a yellow peel, the owner may not be liable for damages, because the peel was fresh. But if the peel was brown or black, liability may attach. That hazard had been on the floor for so long that an employee should have seen it and should have cleaned it up.

Reach Out to a Thorough Calvert County Lawyer

Injury victims need and deserve substantial compensation. For a confidential consultation with an experienced personal injury lawyer in St. Mary’s County, Maryland, contact the Law Office of Robert R. Castro, 2670 Crain Highway #411, Waldorf, MD 20601. Call us at (301) 870-1200 or go online now.

This article has been provided by the Law Office of Robert R. Castro. For more information or questions, contact our office to speak to an experienced lawyer at (301) 870-1200.