Slip and fall accidents are a common occurrence in Maryland. While in many instances, such falls are brought about by dangerous conditions that arose due to the negligent maintenance of the property, simply showing that a harmful condition caused a fall is insufficient to establish liability. Rather, as discussed in a recent Maryland ruling, the injured party must also demonstrate that the property owner knew or should have known of the presence of the condition. If you were hurt in a fall on someone else’s property, you might be able to recover damages, and it is in your best interest to confer with a Maryland personal injury lawyer about your potential claims.
The Plaintiff’s Fall
It is alleged that the plaintiff lived in an apartment building owned by the defendant. In September 2018, she fell and fractured her wrist when she was climbing a stairway in a common area of the building. The stairway was the only means by which she could access her third-floor apartment. She subsequently filed a personal injury lawsuit against the defendant, alleging he negligently maintained the property and was, therefore, responsible for her harm. Specifically, she alleged that the tread on the stairway was worn down, making the surface slippery. Following the close of discovery, the defendant moved for summary judgment. The trial court granted the motion, and the plaintiff appealed.
Establishing Liability in Maryland Slip and Fall Cases
On appeal, the court affirmed the trial court ruling. The court explained that in a negligence action, the plaintiff must establish four elements. Specifically, they must show that: the defendant had a duty to protect the plaintiff from harm, the defendant breached the duty, the plaintiff suffered actual losses or injuries, and the harm sustained was proximately caused by the defendant’s breach.
The court went on to state that in a premises liability case, to demonstrate the defendant breached a duty owed to the plaintiff, the plaintiff must not only show that a dangerous condition existed on the premises but also that the defendant possessed actual or constructive knowledge of the condition. In the subject case, the court found that the plaintiff failed to demonstrate that the defendant had actual knowledge of the condition of the tread or that a factual dispute existed on the issue of constructive notice. Thus, the court affirmed the trial court ruling.
Speak to a Trusted Maryland Attorney
Slip and fall accidents can cause painful and debilitating injuries, and property owners that negligently fail to prevent falls by maintaining their property in a safe condition should be held accountable. If you suffered harm in a fall, it is smart to speak to an attorney about your options for seeking damages as soon as possible. The trusted Maryland personal injury attorneys of Foran & Foran, P.A. can advise you of your rights and help you to seek the best legal outcome possible under the facts of your case. Our office is located in Greenbelt, and we regularly represent parties in slip and fall lawsuits in cities in Prince George’s County and Montgomery County. You can contact us via our form online or by calling us at (301) 441-2022 to set up a confidential and free conference.