Maryland Premises Liability Law and Statutes
Duty of Care Owed to Visitors
The duty of care property owners owe to visitors is central to slip and fall claims. Maryland courts have upheld these principles under premises liability law and clarified them through several key rulings and statutes:
- Md. Code, Real Property, § 8-211
- This statute establishes a landlord’s duty to maintain rental properties in a habitable condition. If a tenant or visitor is injured due to unsafe conditions like broken stairs or defective flooring, the landlord may be held liable.
- Maryland Common Law on Invitees, Licensees, and Trespassers:
- Maryland courts apply established common law principles to determine the duty of care owed to various visitors. For instance, the property owner owes the highest duty of care to invitees, requiring active inspections for hazards and prompt repairs.
Statutes on Property Maintenance
- Md. Code, Local Government, § 10-204:
- Requires local jurisdictions to enforce building codes and safety ordinances. Non-compliance with these regulations can be used as evidence of negligence in a slip and fall case.
- Snow and Ice Removal Ordinances:
- While not codified at the state level, many Maryland municipalities (e.g., Baltimore City and Montgomery County) have local ordinances requiring timely removal of snow and ice. Failure to comply can establish negligence in slip and fall claims.
Negligence Per Se
In Maryland, a property owner’s violation of a statute or ordinance (e.g., failure to meet building codes or snow removal requirements) may be considered negligence per se if:
- The statute was intended to protect the injured person.
- The violation directly caused the injury.
Maryland’s Contributory Negligence Rule
Maryland follows the contributory negligence doctrine, one of only a few states to do so. This rule states that:
- If the injured party is found even 1% at fault for the accident, they are barred from recovering compensation.
Impact on Slip and Fall Cases:
- Defense attorneys and insurance companies often attempt to shift blame onto the injured party, arguing they failed to exercise reasonable caution. For example, they may claim the hazard was “open and obvious.”
- At The Law Office of Caroline Norman Frost, we counter these arguments with strong evidence to prove the property owner’s negligence was the sole cause of the accident.
Statutes of Limitations for Slip and Fall Claims
- Md. Code, Courts and Judicial Proceedings, § 5-101:
- Victims of slip and fall injuries have three years from the date of the accident to file a personal injury lawsuit.
- For claims involving minors, the statute of limitations may be tolled (paused) until the minor turns 18.
Evidence Collection and Legal Strategies Under Maryland Law
Landlord Liability for Tenants and Guests
- Md. Code, Real Property, § 8-208:
- Landlords must maintain leased properties in compliance with local safety and housing codes. Failure to address known hazards (e.g., broken stairs or water leaks) that cause injuries can lead to liability.
Weather-Related Cases:
- Maryland courts often consider whether property owners acted “reasonably” during snow or ice events. For instance:
- Did the owner or tenant attempt to remove snow within a “reasonable” timeframe after the storm ended?
- Evidence of failure to follow local ordinances (e.g., 24-hour snow removal requirements) strengthens your case.
Documentation Requirements:
Under Maryland premises liability law, it is crucial to establish that the property owner either:
- Knew or should have known about the hazardous condition and failed to fix it.
- Created the hazard themselves (e.g., leaving wet floors unmarked).
Our attorneys use this legal framework to demonstrate liability in your case.
Expanded Content on Injuries and Their Legal Implications
Broken Bones:
- Long-Term Impact:
- Hip fractures often result in permanent disability, especially for older adults, and may justify larger compensation for ongoing care.
- Maryland law allows claims for future medical costs if long-term care is necessary.
Head Injuries:
- Traumatic Brain Injuries (TBIs):
- Maryland courts have recognized TBIs as catastrophic injuries that may require lifelong compensation for medical care, therapy, and loss of earning capacity.
Spinal Cord Injuries:
- Impact on Damages:
- Paralysis or limited mobility resulting from spinal cord damage can lead to claims for loss of income and home modifications.
How Maryland Law Supports Your Case
At The Law Office of Caroline Norman Frost, we use Maryland statutes, local ordinances, and case law to build a compelling claim. Our detailed understanding of Maryland’s premises liability laws ensures that you are in the strongest possible position to recover compensation.
Our Proven Process Includes:
- Identifying Statutory Violations:
- We examine whether the property owner violated any relevant state laws or local safety codes.
- Strengthening Liability Claims:
- We establish that the property owner had knowledge (actual or constructive) of the hazardous condition and failed to act.
- Calculating Damages Under Maryland Law:
- Economic damages (medical expenses, lost wages).
- Non-economic damages (pain, suffering, and diminished quality of life).
Call-to-Action
Slip and fall accidents in Maryland require a deep understanding of premises liability laws, evidence requirements, and the state’s contributory negligence rule. If you’ve been injured, don’t let a property owner’s negligence leave you footing the bill.
Contact The Law Office of Caroline Norman Frost today at 240-439-1922 for a free consultation. Let us help you recover the compensation you deserve.
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