Premises Liability
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Timonium-Lutherville Premises Liability Lawyer
Dedicated Legal Support for Baltimore Premises Liability Victims - Spanish Translation Available
Navigating the complexities of premises liability claims requires a seasoned legal professional who understands the nuances of this area of law. At the Law Office of Justin A. Wallace, we bring a wealth of experience to provide robust legal representation for individuals in Timonium-Lutherville facing premises liability challenges. Our commitment to justice and tireless advocacy have earned us a reputation as trusted Timonium-Lutherville premises liability attorneys.
Call the Law Office of Justin A. Wallace today at 410-759-8320 or contact us online to schedule a meeting with our premises liability attorney in Timonium-Lutherville!
What Is Premises Liability?
Premises liability is a legal concept that assigns accountability to property owners for accidents and injuries occurring on their premises. Essentially, property owners are required to maintain a secure environment for visitors. Failure to fulfill this duty may lead to the property owner being held accountable for any resulting injuries. Proving negligence on the property owner's part is a pivotal aspect of premises liability cases, as it is a fundamental element in determining liability.
Common Types of Premises Liability Incidents
Premises liability includes a broad range of injuries and accident cases, such as:
- Slips and falls
- Negligent security
- Undermaintained facilities
- Loose hand railings
- Unmarked construction areas
- Falling objects
- Toxic chemicals
In general, any injury that occurs due to the unsafe conditions of a facility is a premises liability case that may hold the property owner or business owner liable due to their negligence in making the premises safe to use.
Key Elements of a Premises Liability Claim
The injured plaintiff must prove that the property owner or business organization acted negligently to bring forward a premises liability lawsuit. A premises liability claim should prove the following four elements of negligence:
- The defendant had a duty of care to the plaintiff (e.g., they had to ensure the guest or retail customer could utilize the premises safely).
- The defendant breached that duty of care (e.g., they did not restrict an area of the premises that was under construction or unsafe for use).
- That breach of duty caused the plaintiff’s injuries.
- The plaintiff’s injuries caused them to suffer damages.
Note that the plaintiff's legal status is critical for premises liability cases. “Legal status” refers to whether the plaintiff was invited onto the premises (“invitee”), such as a customer of the business establishment or a guest invited to the property. As such, property owners do not have the same duty to look after the safety of trespassers who did not have the legal right to be on the property at the time.
Recovering Damages
Recall that Maryland is a “contributory negligence” state, which means an injured plaintiff may not be able to recover damages if they are shown to be even slightly at fault for the accident. However, the defendant will be required to prove this under a preponderance of the evidence, and most premises liability cases are based on the defendant’s lack of care for maintaining safe premises.
Successful lawsuits will award compensatory damages to the injured victim, which can include:
- Economic damages – medical bills, lost wages
- Non-economic damages – pain and suffering, emotional distress, loss of companionship
Remember that Maryland sets a cap on the non-economic damages a plaintiff may recover. As of October 1, 2023, the maximum compensation for non-economic damages is $935,000, and the cap increases by $15,000 yearly.
Premises liability cases can be confusing to navigate on your own. If you or a loved one has been injured in a premises liability accident, reach out to an experienced trial lawyer immediately for legal guidance.
What is the Statute of Limitations for a Premises Liability Claim in Maryland?
The statute of limitations for filing a premises liability lawsuit is three years from the accident date, so getting started on your case as soon as possible is critical. Attorney Justin A. Wallace is an experienced trial lawyer who will guide you through the litigation process from beginning to end. He will put up a tough fight for your claim for damages.
The "discovery rule" may apply if injuries are not immediately evident, allowing the three-year period to start when the injury is discovered or reasonably should have been discovered. Failing to file within this timeframe can result in losing the right to seek compensation. Prompt consultation with an experienced attorney, like those at the Law Office of Justin A. Wallace, is essential to ensure compliance with these time limits and to build a strong case.
Contact Our Timonium-Lutherville Premises Liability Attorney Today
At the Law Office of Justin A. Wallace, our commitment to justice and extensive experience positions us as trusted advocates for individuals facing premises liability challenges in Timonium-Lutherville. If you or a loved one has been injured due to a property owner's negligence, contact us today to schedule a consultation and take the first step toward obtaining the compensation you deserve.
Contact the Law Office of Justin A. Wallace today to schedule a meeting with our premises liability lawyer in Baltimore County!
