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What is a Liability?
It is a fact accepted by personal injury attorneys of Maryland that every resident of Maryland state has some duty to each and every other resident to act in a considerate and reasonable manner. It is also known as standard of care. Any person violating this duty is called an offender and is said to have performed a negligent act.
Some of other terms used interchangeably with standard of care are duty of ordinary care and duty of reasonable care. All these terms imply the same meaning which is to give due care. According to Maryland personal injury attorneys to exercise reasonable care is an obligation that goes a long way in protecting residents from the risk of being exposed to potentially injurious hazards. When a person falls short of the reasonable care standard that person has acted negligently.
Premises Liability in Maryland-If an individual gets hurt or meets with an accident and the injured person is present on the property owned or maintained by some other individual or party a premises liability is a natural outcome. Premises liability lawyers of Maryland argue that it is the duty of a property owner or the company owning a property or the owners of the property to maintain the property in a safe condition.
To get full recovery of the injury the victim has to prove that landowner or the manger was legally responsible for causing injury to the plaintiff. Maryland premises liability attorneys say that legal responsibility is proved by clearly demonstrating that the defendant was responsible for causing or creating the dangerous condition that injured the plaintiff or that they knew about the condition with sufficient time but failed to take necessary action.
General Principles of Premises Liability:According to the premises liability laws mentioned by premise liability attorneys of Maryland some states define an injured person as an Invitee, a Licensee or a Trespasser.
- Invitee-An invitee is someone who is specifically invited onto the property of another. The owner is under obligation to provide invitee the highest duty of care, which includes taking every reasonable precaution to ensure a safe and hazard free environment on the property.
- Licensee-Maryland personal injury lawyers state that a person who enters premises after seeking the owners permission and has a specific purpose for the visit is termed a Licensee. The owner must warn a licensee of hidden dangers, but is not necessarily required to fix them.
- Trespasser-An individual entering any other individuals property without consent is called a trespasser. In the case of adult trespassers, the owner generally owe no duty of care and does not necessarily take reasonable care of the property or place warning signs in the dangerous areas. If the injured person is able to prove that that the owner knew it was likely that trespassers would enter the property then the owner can be held liable for a premises liability claim.
The most common Premises Liability cases presented by Personal Injury Lawyers of Maryland are:
- Slip and Fall Accidents
- Elevator Accidents
- Construction Site Accidents
- Pool Accidents
- Snow or Ice Accidents
- Criminal acts committed upon customers, tenants or employees at hotels, parking lots and commercial establishments
When evaluating each premises liability case premises liability attorneys of Maryland take into consideration several factors:
1)Maintenance-Maintenance imply the property maintained by the owner. Injuries that result from not maintaining the premises include:
- Faulty equipment such as Ladders and Scaffolds
- Uneven Pavement
- Broken Stairs
- Faulty Elevators
- Standing Water
- Slippery or Wet Surfaces
- Faulty Escalators
- Poor Lighting
- Falling Debris
- Lack of warning signs
- Trip and Falls
- Slip and Falls
2)Security-Serious injuries can occur if the security is deficient in the property. Injuries related to assault, battery or even death are most common. The reasons given by premises liabilities lawyers of Maryland are:
- Untrained staff working in the premises
- Incomplete security at on the premises
- Security equipment not functioning properly or defective security equipment
- Unqualified staff working in the premises
- Not responding to an eventuality quickly
Claims against the government-Premises liability attorneys of Maryland come across many cases in which an injury has taken place inside a government or state owned property. Some of the examples of state owned properties are public parks, recreation centers, galleries and government facilities. If an injury takes place on a government owned property, the federal or state government may be legally liable for injures. According to the wording of Maryland premises liability claims attorneys claims against the state are called federal tort claims or state tort claims.
Slip and Fall Injuries-The most common premises liability injuries are related to slip and falls or trip and falls. Personal injuries related to such cases are fractured bones and concussions or similar kind of head injuries. Anybody can slip and fall on someone else's property, such as a house, business, or nursing home resulting into serious injury to the brain, arms or neck. Personal Injury lawyers of Maryland are of the opinion that it takes a few seconds or sometimes a split second for an injury to occur but sometimes it proves fatal and cause financial hardship in the shape of medical bills and lost wages.
Toxic Chemicals Injuries-Injuries resulting from toxic chemical exposure, toxic mold, and lead poisoning are a part of premises liability claims. A property owner can be responsible for failure to warn of hazardous conditions on the property or failure in maintaining equipment, furniture or furnishings properly and causing safety hazards. The following conditions are stated by Premise Liability Attorneys of Maryland that can result in serious injury:
- Overgrown or Uncontrolled Landscaping
- Fallen Trees or Limbs
- Dog Attacks
- Uncovered Ditches
- Potholes and Open Holes
The presence of any of the elements mentioned above and any injury occurring thereof make the landowner potentially liable for personal injury, as will other dangerous conditions on the premises that the property owner fails to warn of or correct.
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