Maryland Premises Liability Lawyer

What duty does a Maryland property owner owe you?

It depends on why you were there. Maryland still uses the traditional categories of invitee, licensee and trespasser, and the duty shrinks as you move down the list.

• Invitees, such as shoppers, hotel guests and restaurant customers, are owed reasonable care, including inspecting for hidden dangers and fixing or warning about them.
• Social guests are generally owed a warning about known dangers they are unlikely to discover.
• Trespassers are owed much less, generally only protection from willful or wanton harm.

Most commercial cases involve invitees, who receive the most protection. But even an invitee must show the owner knew or should have known about the hazard.

How do Maryland owners use contributory negligence in fall cases?

Owners often argue the visitor should have seen and avoided the hazard. Under Maryland's contributory negligence rule, if the jury agrees, the visitor may recover nothing.

Example: a shopper in Glen Burnie slips on a puddle from a leaking freezer and breaks a hip. Damages total $120,000. The store argues the puddle was visible.

• Video shows the puddle was hidden by the angle of the aisle and had been reported to staff 30 minutes earlier. The jury finds the store fully at fault. The shopper recovers economic losses in full, with noneconomic damages subject to Maryland's cap.
• If the jury had decided the shopper was looking at her phone and contributed even slightly, she may have recovered nothing.

Assumption of risk is a related defense. It applies when a person knowingly and voluntarily accepted a known danger. Both defenses make early evidence about visibility and lighting essential.

How do snow and ice affect Maryland fall claims?

Snow and ice cases are among the hardest in Maryland, because owners often argue the visitor saw the ice and chose to walk on it.

Maryland winters bring freezing rain and refreeze cycles, especially in central and western counties. Key questions include whether the ice was visible, whether the visitor had a safer route, whether the owner created the hazard through poor drainage or piled snow, and whether a snow removal contractor was responsible. Evidence that the ice was hidden, or that there was no other way to enter the building, can help answer contributory negligence and assumption of risk defenses.

What types of Maryland properties lead to claims?

Falls in stores lead the list, but Maryland premises claims involve many settings.

Apartments and rentals

Broken stairs, missing railings, poor lighting and lead paint hazards in older housing can lead to claims against landlords who knew or should have known about the problem.

Hotels, casinos and boardwalks

Beach hotels, Ocean City's boardwalk area and the state's casinos draw large crowds. Wet floors, uneven boards, crowded walkways and parking garage assaults are common issues.

Negligent security

Owners may be responsible when they ignore foreseeable crime, such as repeated assaults in a poorly lit garage or apartment complex. Prior incidents and security records are key evidence.

Dog attacks on property are covered on our dog bites and animal attacks page.

What if you fell on public property in Maryland?

Falls on city or county sidewalks, in public buildings or on government property generally require written notice to the local government within 1 year. That is much sooner than the 3-year lawsuit deadline.

The notice must include specific details and be sent to the right office. Missing it can sink a claim even when the lawsuit deadline is still open. Claims against the State of Maryland follow their own process. See government and public property injury claims and contact us early.

What should you do after a fall on Maryland property?

Report it, document it and get care. Evidence about visibility and lighting is especially important in Maryland.

1. Tell the manager and ask for an incident report.
2. Photograph the hazard from your viewpoint, the lighting and any signs.
3. Note whether there was another route you could have taken.
4. Get witness names and contact details.
5. Ask in writing that video be preserved.

You generally have 3 years to file. Learn more about premises liability, see our Maryland wrongful death page if a fall was fatal, or visit our Maryland injury guide. Free case review, no fee unless we win.