Slip On Snow or Ice - Can You Sue for your Injuries?

As discussed in other chapters, Maryland employs the archaic doctrine of "contributory negligence" which bars any financial recovery to a Baltimore car accident victim if they bear even the slightest responsibility for contributing to their injury. Baltimore personal injury lawyers are often confronted with a similar, related defense, employed by insurance companies -"assumption of the risk". "In Maryland, it is well settled that in order to establish the defense of assumption of risk, the defendant must show that the plaintiff: (1) had knowledge of the risk of the danger; (2) appreciated that risk: and (3) voluntarily confronted the risk of danger." Allen v. Marriott, 961 A.2d 1141, 183 Md. App. 460 (Md. App., 2008). When dealing with falls in an parking lot walkway, or sidewalk, in many instances "[t]he risk is that of slipping on ice. The required knowledge is not knowledge that ice is actually present. It is the appreciation of the reasonable likelihood that, under the weather conditions and other circumstances, ice might well be present. The assumed risk is not that of stepping on ice per se. The assumed risk is that of stepping onto an unknown surface with an awareness that it might well be icy. With white ice, you see it is there. With black ice, you infer the likelihood that it may be there." Id. So, the question is not whether ice was present, but, rather, in light of the weather conditions, history, and other circumstances, ice might be present. "Either establishes the element of awareness." Id. If the plaintiff is aware of the danger, there is no recovery. If you've been injured, consult an experienced Baltimore personal injury attorney, to explore any possible defenses the at-fault party may have.

Property damage in personal injury lawsuits

The notion that there is a correlation between the dollar amount of property damage in a motor vehicle accident, and the severity of a personal injury has some logical appeal. If a car’s front end is smashed in, then the occupants would seem...

Lost wages in personal injury settlements

The recovery of past lost wages in some personal injury claims amounts to little more than mathematics. The average weekly hours a person works before their accident, multiplied buy their hourly wage, multiplied by the amount of time missed....

Personal injury settlement: Medical bills

Maryland, like many states, has enacted a statute that sets the right of health insurance providers, or third party payors generally, to assert a claim on the proceeds of a personal injury lawsuit. Knowledge of these provisions is a key in getting...

How Much Will I get for my Personal Injury Case?

Of course the most important consideration in any personal injury award is the “in your pocket” number. After attorney fees, litigation costs, outstanding medical balances, and everything else has been accounted for: “How much do...

How much is the case worth?

Medical expenses are one variable in the value of any case. They impact the value in a direct sense. A claims adjuster, judge, or juror, at some point will be presented with those bills. The injured person is entitled to collect the amounts paid, in...

What is the value of an injury claim?

Two things remain true about the valuation of a personal injury case. One, it is one of the core functions of a personal injury lawyer – to assess the likely outcome of a claim at trial. Ideally, this is done with a balance of reason and...

How much is a personal injury case worth?

I’ve said elsewhere that it is by far any away the most common and frequent question that I’m asked. In addition, though, it is probably the most legitimate. The primary role of a personal injury attorney is getting their injured client...
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