Spills regularly occur in grocery stores, and if they are not cleaned up promptly, they can lead to slip and fall accidents. While grocery stores can be held accountable for losses caused by their carelessness, they will often try to avoid liability by arguing that the injured party is partially at fault for their harm. In a recent opinion, a Maryland court explained the affirmative defense of contributory negligence and what a defendant must prove to prevail on the defense. If you were injured in a slip and fall accident, you should speak to a Maryland premises liability attorney as soon as possible to determine what evidence you must produce to recover compensation.
The Facts of the Case
It is reported that the plaintiff was shopping in the defendant’s grocery store when she slipped and fell in an area that a store employee recently mopped. She sustained knee injuries that required surgical repair. She subsequently filed a premises liability lawsuit against the defendant, arguing that its negligence caused her harm. Following discovery, the defendant filed a motion for summary judgment, arguing, among other things, the affirmative defense of contributory negligence.
It is alleged that the defendant argued that the knowledge that the floor was wet should be imputed to the plaintiff because there were “wet floor” warning signs in the store. The trial court granted summary judgment in favor of the defendant, and the plaintiff appealed. Continue Reading ›