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Just because we are nearing spring does not mean you do not still face the likelihood of accidents on improperly cleaned sidewalks and other surfaces. If you’ve sustained injuries and need help determining who’s responsible for negligent snow and ice removal in Maryland, please read on and contact an experienced personal injury lawyer.

WHO IS RESPONSIBLE FOR SNOW AND ICE REMOVAL IN MARYLAND?

When it comes to determining who is responsible for clearing snow or ice in Maryland, state law does not provide clear answers. Under general premises liability law, landowners owe a duty of care to those whom they allow onto their property. The property owner may be held liable if someone is injured while walking on snow or ice that was not cleared in a timely manner, as that constitutes a hazardous condition. But there are exceptions.

WHAT EVIDENCE DO I NEED?

One of the most critical components of any personal injury case is the requirement that you can prove that the property owner knew or should have reasonably known about the dangerous conditions and failed to correct them. To prove your case, you will need to show that someone else notified the defendant of this unsafe condition or that the defendant should have found and fixed the condition because it existed for a long time. Lastly, you will need to show the damages or injuries sustained because of the fall, as attested to by healthcare professionals and medical records.

WHAT IS CONTRIBUTORY NEGLIGENCE?

Before you file a claim, you should be aware that the property owner will probably argue that you share some portion of the blame for your accident. Their potential arguments include the following:

  • You were on a part of the property where pedestrians aren’t usually allowed or expected to be
  • You weren’t paying attention to where you were walking
  • You were wearing inappropriate or unsafe footwear
  • The dangerous condition was cordoned off by cones and signage
  • The dangerous conditions should have been obvious to you

Maryland is one of only five jurisdictions in the United States that continues to use contributory negligence instead of comparative negligence. In Maryland, you can’t legally recover compensation from a person who negligently injured you if you are also found to have acted negligently, and your own negligence contributed to your injury. If the jury finds you engaged in any of the behaviors outlined above, you will receive no damages. If you’re unsure where you stand, contact a skilled personal injury lawyer.

Contact our experienced Maryland firm

The Law Offices of Debra A. Saltz has decades of experience representing clients in Anne Arundel County and Howard County, Maryland who need legal assistance for criminal defense or personal injury matters. Contact the Law Offices of Debra A. Saltz today to discuss your case.

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