Generally, if you fall on someone else’s property in Maryland and the property owner was at fault, you are likely entitled to pursue legal action to seek monetary compensation for the damages you have wrongfully endured. However, if the slip and fall accident occurred on government property, your claim would be much more complicated as your right to recover would be severely limited. This is because laws have been passed enforcing strict procedural requirements for filing injury claims against the federal and state governments. Understanding when and how to file a claim against the state is crucial to safeguard your legal rights. Please continue reading to learn how a determined Prince George’s County Slip and Fall Accident Lawyer can fight for you every step of the way.
Who’s Liable for a Slip and Fall on Government Property?
Similarly to other property owners, the government can be liable for slip and fall injuries in Maryland if it can be shown to be at fault. However, state laws require injured parties to establish liability. Injured parties will have to prove that the government knew or should have reasonably known about a defect on the premises and failed to remedy the issue or warn those who entered the property. To fulfill the burden of proof, injured parties must prove that the government was responsible for keeping the premises safe, that they breached their legal duty to maintain the premises, and that failure resulted in their injuries.
What is Sovereign Immunity?
If you have suffered injuries in a slip-and-fall accident on government property, it’s crucial to understand that there are strict legal requirements you must comply with when pursuing legal action against a municipality. It’s important to note that you could lose your chance to recover compensation for the damages you have endured if you don’t follow the correct procedures when filing your claim.
Under sovereign immunity, the state of Maryland, its agencies, and its employees are shielded from lawsuits. However, there are exceptions to this rule. The Maryland Tort Claims Act (MTCA) waives the state’s sovereign immunity under certain circumstances, allowing injured parties to file premises liability claims. Nevertheless, there are strict guidelines and limitations. For example, the claim must be filed within a specific time frame. The statute of limitations is much shorter when pursuing legal action against a municipality. Injured parties must file a Notice of Claim within 90 days of the accident to notify the government that it may be subject to a claim for damages. This allows the government to investigate the merits of the claim.
Although sovereign immunity can present a hurdle in your premises liability claim against the state, it’s essential to understand that it’s not impossible. With the legal assistance of a seasoned Prince George’s County slip and fall accident lawyer, you can navigate these complexities and fight for the funds you deserve. At Timian & Fawcett, LLC, we are prepared to represent your interests. Contact our legal team today to maximize your chances of a favorable outcome.
