Everyone needs to watch their step, but sometimes the property owner is at fault for a property-related injury.
A premises liability claim would cover any property hazard. However, Maryland’s contributory negligence law might change how some of these lawsuits are handled in the courts.
Maryland premises liability law is the legal principle that the responsibility of property owners and occupiers must ensure their property is reasonably safe for visitors.
In other words, if you’re injured because of a property hazard in Maryland, you might be able to recover compensation. You might visit property that’s someone’s home, business, or a public area (like a sidewalk or park). Maryland recognizes that while you have a right to be safe and protected in a place you don’t control and that might be unfamiliar to you, the property owner can only do so much to prevent every hazard that could exist. Sometimes accidents happen, and they are not always foreseeable.
That’s why foreseeability—the concept that the defendant could have reasonably anticipated that a person could be harmed by a defect or condition on the property—is very important for determining liability.
The purpose of any personal injury lawsuit is to allow the court system to make the plaintiff financially whole. That means the plaintiff (injured person) is restored to the financial condition they would be in if the injury never happened. However, it’s up to the plaintiff to prove that the injury was caused by the defendant’s negligence.
How to prove negligence in a Maryland premises liability lawsuit
A finding of negligence requires certain elements: Duty, breach, causation, injury and damages. In other words, the plaintiff must prove that the defendant owed them a duty. In a premises liability lawsuit, the duty can simply be maintaining hazard-free property for a person who is legally permitted to be there.
Breach is when the defendant fails to meet their duty of care, and causation means that it’s because of that breach that the injury happened. Further, in a premises liability lawsuit, an injury must have happened. If you fell because of a broken step or a puddle on the floor, but you got up and went on your way, you have no cause of action for a lawsuit because you were uninjured.
A lawsuit is based on an actual injury. Finally, the injury needs to have cost the plaintiff damages (money). If you fell and sprained your ankle but treated it yourself with ice and an ace bandage you bought at the pharmacy, then it doesn’t cost you enough money to make a lawsuit worthwhile. The purpose of a lawsuit is to recoup what you lost, not to further enrich your finances.
Types of plaintiffs in a Maryland premises liability lawsuit
Whether or not the defendant is negligent could hinge on why the plaintiff was on the property. The defendant’s duty and liability changes based on the type of visitor. Visitors can be one of three legal status classifications: invitees, licensees, and trespassers, each with a different level of protection.
Invitees
Invitees are individuals who enter the property for the mutual benefit of themselves and the property owner, such as customers in a store. A property owner must ensure the safety of the premises for invitees by inspecting for and fixing or warning of known dangers.
Licensees
Licensees enter the property for their own purposes with the owner's consent, such as social guests. The owner must warn licensees of any known, non-obvious dangers but is not required to inspect the property for potential hazards.
Trespassers
Trespassers are individuals who enter without any right to be there and without the property owner's permission. The owner owes a minimal duty of care in this instance. Typically, the property owner is only obligated to avoid willful, purposeful action that would intentionally cause harm.
The attractive nuisance doctrine
Although a property owner doesn’t owe the same duty to a trespasser as to an invitee or licensee, there are additional liabilities if the trespassers are children. No, children should not trespass on property or enter an area where they don’t belong. But, the law recognizes that children don’t have the same level of common sense as an adult, and they also are often lacking impulse control.
The law says that if a condition on your property could be attractive or enticing to a child, and the child is injured, you could be legally responsible under the attractive nuisance doctrine.
This might apply if you have a swimming pool, for instance. A wandering child might be tempted to jump in (which is why pools are required to be enclosed by a fence), or a child could be tempted by an abandoned refrigerator (which is why you should always remove the doors), riding equipment like tractors, a big hole, animals, treehouses, or all kinds of other things (who’s to say what a child will think is fun?).
If you own property and there could be children nearby, take a moment to think like a child. If you see something that a child might find fun or appealing, take the time to secure it, fence it, or otherwise take action to make it inaccessible to curious little ones. If you don’t, you could face a lawsuit if someone gets hurt.
Defenses to a Maryland premises liability lawsuit
A property owner has a few ways to defend against a premises liability lawsuit.
Assumption of risk
If a person engages in an abnormally dangerous activity and is injured, the defendant can raise the argument that by intentionally engaging in that activity, the plaintiff has accepted a certain amount of associated risk.
For example, if a plaintiff is ice skating at a private rink and falls and suffers a head injury, the court might find that they assumed that risk. If the ice was maintained in good condition, and there was nothing the defendant could have done differently with respect to maintaining the property, falling and becoming injured would likely be seen as a risk inherent in the activity of skating.
Maryland pure contributory negligence rule
Maryland is one of five jurisdictions that follows a pure contributory negligence rule. That means if the plaintiff did anything that would contribute to their own injury, they cannot recover any damages.
The property owner might also argue that the person was a trespasser, in which case their duty to maintain safe premises is much lower.
If you were injured in a Maryland premises liability accident, or if you’re a property owner facing a lawsuit, you can seek the guidance of a Maryland personal injury lawyer.
Need a lawyer?
What does an injury lawyer do?
A personal injury lawyer helps individuals who have sustained injuries in accidents to recover financial compensation. These funds are often needed to pay for medical treatment, make up for lost wages and provide compensation for injuries suffered. Sometimes a case that seems simple at first may become more complicated. In these cases, consider hiring an experienced personal injury lawyer. Read more
