Maryland Premises Liability Lawyer

Maryland law protects individuals by requiring property owners to maintain reasonably safe premises. If you have been injured on someone’s property due to a hazard or other condition on their property, the property owner can be held responsible, even if the injury was not intentional. Do not navigate this alone. Let a Maryland personal injury lawyer be your strongest advocate.

Jaklitsch Law Group is dedicated to fighting for the rights of personal injury victims harmed by negligence. Founded in 1999, our premises liability lawyers have the experience and knowledge of Maryland laws and precedents needed to build a successful case.

Premises Liability and Slip and Fall Cases in Maryland

Premises liability arises from a property owner’s duty of care to visitors to their property. While the fundamental legal principles remain consistent, the scenarios leading to such claims vary. These can range from slip-and-fall incidents in commercial establishments to injuries or fatalities involving specific property features, such as swimming pools. 

A premises liability case alleges that unsafe conditions on a property, due to someone’s negligence, rendered it unfit for its intended use. For instance, if a restaurant owner maintains hazardous conditions that make the premises unsafe for patrons, and someone is injured as a result, this could form the basis of a claim. In Maryland, an experienced premises liability attorney can assess the specifics of a client’s case, taking into account their injuries and related expenses, to pursue a just resolution and a fair amount of compensation.

Scenarios Leading to Premises Liability Claims

If you were injured on someone else’s property, you might be wondering if your situation qualifies as a premises liability claim. Reviewing common examples with a premises liability lawyer can provide valuable insight. Since Jaklitsch Law Group was established in 1999, we have handled a diverse range of these cases. Some frequently encountered types of premises liability claims include:

Slip and Fall Accidents

These often result from hazardous conditions such as inadequate lighting in walkways, poorly maintained flooring with cracks or uneven surfaces, and unattended spills of liquids or scattered debris in common areas. The National Floor Safety Institute states that more than one million hospital visits occur annually due to slip and fall accidents.

Falling Merchandise

Injuries can occur in retail environments and warehouses when items are negligently stacked or secured, leading to products falling from shelves and striking customers or employees.

Falling Objects from Above

This category encompasses incidents where items, such as light fittings, detach and fall, or objects descend from unsecured windowsills or balconies, posing a risk to those below.

Negligent Security Leading to Criminal Acts

Property owners and managers have a responsibility to provide reasonable security measures in certain circumstances. Failing to provide this can lead to liability if foreseeable criminal activity, such as assaults or theft resulting in injury, occurs on their premises.

Injuries from Fires

Fires caused by electrical malfunctions due to poor maintenance or unattended open flames can result in significant premises liability claims, including burns, smoke inhalation, and property damage. Some premise liability under this category could also include a property owner’s failure to provide working smoke detectors.

Animal Bites and Attacks

Property owners who harbor animals, particularly those with a known propensity for aggression, may be held liable for injuries resulting from bites or attacks if they fail to take reasonable precautions to prevent harm.

Swimming Pool Accidents

These incidents can arise from various forms of negligence, including inadequate fencing or barriers, lack of proper signage regarding pool depth or rules, and the absence of qualified supervision or safety equipment.

Other Hazardous Conditions

This broad category encompasses a wide array of unsafe situations on a property that could lead to injury. Examples include poorly maintained stairs or railings, concealed holes or uneven ground in landscaping, exposure to hazardous materials, and malfunctioning elevators or escalators.

Consulting with premises liability attorneys is crucial for a thorough evaluation of your specific situation.

Common Injuries in Premises Liability Claims

Types of injuries sustained in premises liability incidents are as varied as the circumstances that cause them. Based on our years of experience with handling cases such as yours, common injuries include:

• Fractures and Broken Bones: These are particularly prevalent in slip and fall accidents, often affecting wrists, ankles, hips (especially in older adults), and arms as people instinctively may try to break their fall. 
• Sprains and Strains: Sudden falls or awkward movements due to hazards like uneven surfaces or spills can lead to sprains (ligament tears) and strains (muscle or tendon tears). Ankles, knees, and backs are commonly affected, resulting in pain, swelling, and limited mobility.
• Bruises and Contusions: These are softer tissue injuries resulting from impact during a fall or when struck by a falling object. While often less severe, extensive bruising can still be painful and indicative of a significant impact.
• Head Injuries: Falls can lead to a range of head injuries, from mild concussions with symptoms like headache and dizziness to more severe traumatic brain injuries (TBIs) with long-lasting cognitive and physical impairments. Falling objects can also cause direct trauma to the head.  
• Back and Neck Injuries: The sudden trauma of a fall or a forceful impact can strain or sprain back and neck muscles and ligaments. In more severe cases, individuals may suffer herniated discs or nerve damage, leading to chronic pain and limited function.
• Lacerations and Abrasions: Sharp objects, broken glass, or rough surfaces can cause cuts (lacerations) and scrapes (abrasions), which can range from minor to deep and require medical attention, including stitches in some instances.
• Burns: In cases involving fires caused by negligence, burn injuries can be severe and life-altering, often requiring extensive and painful treatment, including skin grafts, and leaving permanent scarring.
• Drowning or Near-Drowning Injuries: Swimming pool accidents can tragically result in drowning or near-drowning incidents, leading to severe brain damage due to oxygen deprivation or even death.
• Psychological Trauma: Beyond the physical injuries, the experience of a premises liability incident, especially those involving criminal activity or severe accidents, can lead to significant psychological trauma, including anxiety, depression, and post-traumatic stress disorder (PTSD).

The severity and specific type of injury will depend heavily on the unique circumstances of the incident, such as the nature of the hazard, the height of a fall, and the individual’s physical condition. If you have been injured on someone else’s property, seeking prompt medical attention is crucial not only for your health but also for documenting the extent and nature of your injuries, which is a vital component of a potential premises liability claim. Work with our Maryland premises liability attorneys to maximize your claim.

Establishing Liability in Premises Liability Claims

In Maryland, the foundation of a premises liability claim rests upon well-established legal principles concerning a property owner’s obligations to those who enter their land. While the core legal elements remain consistent across different scenarios, the specific facts and circumstances of each incident dictate how these elements are applied. 

These claims differ significantly from other types of personal injury cases, such as those resulting from car accidents. In a premises liability case, the property itself acts as the instrument of the injury. The injury is not typically caused by a separate negligent act, such as a driver running a red light, but rather by the unsafe condition of the property due to the owner’s negligent maintenance or ownership. This could involve a failure to repair a known defect, a failure to warn of a hidden danger, or a failure to maintain the property in a reasonably safe condition for its intended use. The focus is squarely on the condition of the real property and the property owner’s responsibilities related to that condition, which ultimately resulted in harm to an innocent visitor.

What Did the Property Owner Know?

The crucial evaluation in determining a property owner’s responsibility hinges on their knowledge, or constructive knowledge, of a dangerous condition. Did the property owner know about the hazard that caused the injury? Or, even if they did not have actual knowledge, should they have reasonably discovered the dangerous condition through proper inspection and maintenance?

Did the Property Owner Act to Remedy the Problem?

Additionally, the law considers whether the property owner had a sufficient opportunity to remedy the hazardous condition. Even if a property owner is aware of a hazard, liability may not attach if they have not had a reasonable amount of time to take corrective action. These determinations are highly fact-specific and depend on the unique circumstances of each case, including the nature of the hazard, its visibility, and the duration of its existence.

At the heart of a premises liability claim is the concept of duty of care. Maryland law recognizes that property owners owe a certain level of responsibility to individuals who come onto their property. The duty of care also varies depending on the visitor’s classification. Two key classifications relevant here are invitees and licensees.

Who Is Considered an Invitee?

An invitee is someone who enters the property for a purpose directly or indirectly connected with the owner’s business or for their mutual benefit. This category typically includes customers in a store, patrons at a restaurant, or individuals attending a public event.

Property owners owe invitees the highest duty of care, which consists of an obligation to exercise reasonable care to keep the premises safe and to warn them of any hidden dangers that the owner knows or reasonably should know exist.

Understanding the Concept of a Licensee

A licensee, in the legal context relevant to premises liability (often referred to as a “social guest”), is an individual who is on the property with the owner’s express or implied permission, but not for a business purpose or mutual benefit. Think of a friend visiting someone’s home.

While the duty of care owed to a licensee is less stringent than that owed to an invitee, property owners still have a duty to refrain from willfully or wantonly injuring the licensee and to warn them of any hidden dangers that the owner actually knows about. The property owner in this scenario is the licensor, granting permission for the licensee to be on the premises.

Contributory Negligence in Maryland Premises Liability Cases

In Maryland premises liability cases, the state adheres to a strict application of contributory negligence, meaning that if an injured person’s negligence contributed in any way to their injuries, they are entirely barred from recovering damages from the property owner. This principle underscores the legal expectation that individuals must exercise reasonable care for their own safety while on someone else’s property.

For instance, failing to heed clear warning signs or being inattentive to obvious hazards that a reasonable person would have noticed and avoided could be considered contributory negligence. The defendant, or property owner, bears the burden of proving that the injured party was negligent and that this negligence was a contributing cause of their injuries.

The presence of contributory negligence can completely negate a premises liability claim in Maryland, even if the property owner was also negligent in maintaining a dangerous condition. Factors such as the visibility of the hazard and whether the injured person’s attention might have been reasonably distracted are often taken into consideration. Given the severe consequences of a finding of contributory negligence, anyone injured on another’s property in Maryland needs to consult with an experienced attorney.

Maryland Premises Liability Statute of Limitations

Another consideration is the statute of limitations, or strict time limit, wherein an individual must file a lawsuit for a personal injury claim, such as a premises liability claim.

Generally, under Maryland statute §5–101, this time limit is three years from the date the injury occurred or was discovered. Some exceptions may apply, such as in the case of a wrongful death, so be sure to speak with a premises liability attorney to ensure that all legal steps are taken to get the compensation you deserve.

Contact Jaklitsch Law Group About Your Premises Liability Case in Maryland

At Jaklitsch Law Group, we believe in providing dedicated, compassionate legal services to all our clients. Our lawyers have won over 9,000 cases, providing injured people with the compensation they need to get their lives back on track after an accident. Do not let the legal complications and the hoops that insurance companies make you jump through get in the way of your legal right to financial support.

We offer free initial consultations and will not require payment until we successfully settle your case. Contact us today to set up a confidential consultation with our Maryland premises liability lawyers.