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Do Contributory Negligence Laws Affect Slip-and-Fall Cases?

Lewis & Tompkins, P.C. Team

Slip-and-fall accidents can happen almost anywhere, from a grocery store to a public sidewalk or even in government buildings. If you suffer injuries in these accidents, you may try to recover damages from the property owner. 

However, Maryland follows a strict legal rule called contributory negligence, and it plays a major role in how these cases turn out.

What is contributory negligence?

Contributory negligence means that if the injured person shares any fault for the accident, they cannot receive compensation. Even one percent of blame can block a full recovery of damages. Maryland is one of only a few states that still use this strict approach.

How does contributory negligence come into effect?

In a slip-and-fall case, the property owner may argue that the injured person acted carelessly. For example, they might say the person ignored a warning sign or walked while distracted by a smartphone or other device. If the evidence shows the injured person failed to act with reasonable care, the court may rule against them. That means no compensation for medical bills, lost income or pain and suffering.

How can you prove that you did not contribute to a slip-and-fall accident?

Property owners must maintain a safe environment, fix known hazards and warn visitors of any dangers. Your slip-and-fall claim will likely involve detailed evidence such as photos, witness statements or surveillance footage. These materials can help show that the property owner knew about the danger and that you took reasonable steps to avoid it.

Understanding how contributory negligence works can help you make informed decisions when pursuing compensation. Maryland’s strict rules can make slip-and-fall cases more difficult to win, but taking quick and decisive action can ensure that you protect your ability to make a successful claim.

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