Posted on 02-15-2016
Baltimore Slip and Fall Injuries
As a Baltimore chiropractor that spends the majority of my time treating patients with headaches, neck pain and back pain resulting from Baltimore auto accidents, I decided that I wanted to spend some time discussing other various types of personal injuries that I treat on a daily basis. One type that I see with increasing frequency is "slip and fall" type injuries. In the legal sense these are known as premises liability cases. Simply put, a business or homeowner has a duty to keep someone who visits the property safe from harm. Failure to do so can cause injury to a guest which then homeowner or business owner is ultimately liable.
The degree of responsibility that a business or homeowner has to a guest depends on the type of guest that that person is. They can be either
a) invitees: These are people who visit a property with the intention of doing business. An example is people going to a mall to shop.
b) licensees: These are people who are invited to a property, but are not necessarily there with the intention to do business. An example is having a friend come to your home for dinner.
c) trespassers: These are people who are not invited onto a property and are often unwanted. While a property and business owner can not go out of their way to harm trespassers, they owe them the least amount of responsibility because they were not invited onto the property.
As the name implies, slip and fall injuries occur when a person slips, trips or falls on another's property. The tricky thing from a legal perspective is to determine if the property of homeowner knew, or had reason to know, that they owned and operated an unsafe environment. If it can be proven that they knew or had reason to know that something was unsafe (i.e. evidence of a faulty ice machine, uneven side walks not built to code, etc.) then that property owner is "on the hook" for the personal injuries sustained by the person injured.
Often times when I treat Baltimore residents who have been injured from slip and fall injuries I see injuries that are very similar to Baltimore auto accident injuries. We routinely see patients with concussions, post traumatic headaches, neck pain, radiating arm pain, mid back pain, lower back pain and radiating leg pain. We often see other injuries such as shoulder and wrist injuries as a falling person reflexively attempts to brace themselves during a fall.
In addition to a property owner being responsible for medical bills incurred as a result of a Baltimore slip and fall injury, the owner is also legally responsible for
a) past and future medical bills
b) Lost wages and diminished earning capacity
c) Chiropractic care, physical therapy, and occupational training.
d) Pain, suffering, and diminished quality of life
It is important in these types of personal injury cases not to get "blinded" by the injuries. While it is true that an injured claimant (my patient) may have very serious objective injuries, it is not always so clear whether or not the business or homeowner is legally responsible. That is why most personal injury attorneys despite serious injuries, will not choose to represent injured patients that have been involved in premises liability cases.
The good news for people that have been injured as a result of Baltimore slip and fall cases, is that there are typically ways to get your medical and chiropractic bills paid regardless of whether or not you have a personal injury attorney representing you.
The source of funds that would cover your injuries is known as Medical Payments, and it is included in a homeowners or business owners liability insurance. Just like PIP on an automobile policy, Medical Payments (or MedPay for short) is to be used for medical care related to injuries that occur on property REGARDLESS OF FAULT. Typically MedPay is written in the amounts of $5,000 or $10,000, which is usually more than enough money to pay for care in my office.
If you have been injured as a result of a Baltimore slip and fall injury and would like to receive treatment, please contact Mid-Atlantic Spinal Rehab & Chiropractic at (443) 842-5500. We would be happy to help!
There are no comments for this post. Please use the form below to post a comment.