I Was Injured When I Fell In The Bathroom. Do I Have a Case?
Certainly, the owners of commercial establishments own their patrons a duty of reasonable care to keep their premises, including a public restroom, safe.
An owner, or their employee, is not responsible, however, if they let a person use a toilet facility that is not public or open to the public, and that person is injured in that facility.
This immunity does not apply if gross negligence is involved, and, as seasoned Baltimore personal injury lawyers know, an employee bathroom is never considered a public bathroom.
I've handled all manner of claims involving slips, trips and falls in commercial establishments.
These types of cases can be difficult to prove, to the extent that many lawyers don't handle these types of cases. Frequently, the business owners defend on the ground that the had "no notice" of any unsafe condition, and are therefore not responsible. The law in this area provides that a landowner is generally responsible for hazards about which they know, or, that they should have uncovered, via reasonable inspection. This second prong is frequently overlooked by the courts. If you've sustained injury do to a fall in a commercial establishment, I would urge you to contact an experienced personal injury attorney to discuss how these rules apply to your factual situation.
-This Article was updated by Eric Kirk on 6/12/19.