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Determining fault for slip and fall on ice back injuries

On Behalf of | Nov 12, 2021 | Injuries, Premises Liability |

Maryland winters have a particular set of challenges, from freezing rain to slushy snow that turns roads and parking lots into skating rinks. If you slip and fall while running errands or at work, you may have grounds for a claim if your accident was the result of someone else’s negligence.

According to Rothman Orthopaedic Institute, back injuries are the most common among lip and fall events. If your fall damages the spine’s structure, it could impact the strength and mobility of your body.

Maryland fault system

For a successful personal injury case, you must prove negligence by the property owner or manager. They may be liable if the hazard meets any of the following conditions:

  • They knew about the issue but did not correct it
  • They did not use warning signs, barricades or other methods of hazard notification
  • They did not know about the problem but should have

Despite the negligence, if you had even a small amount of fault for the accident, you cannot collect damages under pure contributory negligence. This means that you knew the situation existed and that you willingly and voluntarily assumed the risk.

Black ice exception

Personal injury cases are typically not straightforward and can become very complicated if they involve black ice. The thin coat of highly transparent ice makes it virtually impossible to see. The responsibility for snow removal and ice melt often depends on the lease. There is also flexible due to the “natural accumulation rule.” The foreseeability of the situation may also become a factor.

If you injure your back or spine during a fall on snow and ice due to negligence, you may receive compensation. An award can help you pay for damages, such as medical bills, physical therapy and lost wages.