Premises liability is an area of personal injury law that holds property owners responsible for accidents and injuries that occur on their property. In Maryland, property owners have a duty to maintain safe conditions and protect visitors from harm. If you've been injured on someone else's property, you may be entitled to compensation. In this blog post, we will provide an overview of premises liability law in Maryland and discuss the factors that may impact your claim.
Duty of Care in Maryland
Under Maryland law, property owners owe a duty of care to individuals who enter their premises. The level of care owed depends on the status of the visitor:
- Invitees: An invitee is someone who is on the property for a mutually beneficial purpose, such as a customer in a retail store. Property owners owe the highest duty of care to invitees and must take reasonable steps to maintain safe conditions and promptly address any known hazards.
- Licensees: A licensee is someone who is on the property for social reasons, such as a guest at a party. Property owners must warn licensees of any known hazards but are not required to actively inspect the property for potential dangers.
- Trespassers: A trespasser is someone who enters the property without permission. Property owners owe the least duty of care to trespassers and are generally only required to refrain from causing willful or wanton harm.
Proving Negligence in Premises Liability Cases
To prevail in a premises liability claim in Maryland, you must prove the following elements:
- Duty: The property owner owed you a duty of care based on your visitor status.
- Breach: The property owner breached that duty by failing to maintain safe conditions, address known hazards, or provide adequate warnings.
- Causation: The property owner's negligence directly caused your injuries.
- Damages: You suffered damages, such as medical expenses, lost wages, and pain and suffering, as a result of your injuries.
It's essential to note that Maryland follows the doctrine of contributory negligence, which means that if you are found even partially responsible for your injuries, you may be barred from recovering compensation (see, Harrison v. Montgomery County Bd. of Educ., 295 Md. 442, 456 A.2d 894 (1983)).
Types of Premises Liability Claims
Premises liability claims can arise from various accidents and injuries, including:
- Slip and fall accidents: These accidents often result from wet or slippery floors, uneven surfaces, or poor lighting.
- Inadequate security: Property owners may be held liable for injuries resulting from criminal activity if they failed to provide adequate security measures.
- Swimming pool accidents: Property owners must take reasonable steps to secure their swimming pools and prevent unauthorized access, especially to young children.
Conclusion
If you've been injured on someone else's property in Maryland, it's crucial to understand your rights under premises liability law. An experienced personal injury attorney can help you navigate the legal process, gather evidence, and build a strong case to recover the compensation you deserve. Remember, each case is unique, and the outcome depends on various factors, including the facts of the case and the applicable law.