Premises Liability

Court Discusses Establishing Liability in Maryland Slip and Fall Cases

September 24, 2024 | by Foran & Foran, P.A.

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. Continue Reading ›

Maryland Court Discusses Establishing a Property Owner’s Liability For an Accident

April 4, 2024 | by Foran & Foran, P.A.

Under Maryland law, property owners generally have an obligation to maintain their premises in a safe condition to prevent visitors from suffering harm. Simply because an accident occurs at a property does not mean that the owner neglected its duties, though. Instead, a property owner will usually only be held liable for harm if it was caused by a dangerous condition on their premises that the owner knew or should have known of, as discussed in a recent Maryland case. If you were hurt in a trip and fall accident on someone else’s property, you might be able to recover compensation, and you should speak to a Maryland premises liability lawyer about your potential claims.

History of the Case

It is reported that the plaintiff suffered injuries when she stepped off of a curb and fell into a six inch depression in a shopping center parking lot owned and managed by the defendant. She filed a premises liability lawsuit against the defendant, alleging that it negligently failed to inspect and maintain the subject lot. The defendant moved for summary judgment, arguing that it did not owe a duty to the plaintiff or have a duty to inspect the lot for conditions of which it had no prior knowledge. The court agreed and granted the defendant’s motion. The plaintiff appealed.

Establishing a Property Owner’s Liability

The trial court’s ruling was affirmed on appeal. In Maryland, a property owner may be liable for physical harm invitees suffer due to a dangerous condition on their land, but only if they know or reasonably should know that the condition presents a reasonable risk of harm to visitors, that said visitors are unlikely to discover the condition, and the owner fails to protect them from the potential danger. Continue Reading ›

Maryland Court Discusses Notice in Slip and Fall Cases

July 3, 2022 | by Foran & Foran, P.A.

Warehouse stores generally offer shoppers a variety of goods at low prices, and many Maryland residents shop in such stores on a regular basis. Unfortunately, it is not uncommon for certain areas of stores to fall into disarray, creating hazards that can lead to falls. While stores can be held accountable for harm suffered by their customers in certain situations, they generally will not be deemed liable unless they knew or should have known of a dangerous condition before the harmful incident. This was illustrated in a recent Maryland ruling in which the court dismissed the plaintiff’s negligence claim against a warehouse store because the plaintiff failed to prove notice. If you were hurt in a slip and fall accident, you may be owed damages, and you should speak to a Maryland premises liability lawyer about your potential claims.

The Plaintiff’s Fall

It is alleged that the plaintiff was shopping at a warehouse store owned by the defendant with her husband when she slipped and fell while walking between two circular racks of clothing. The store manager arrived at the scene shortly after the incident and saw an empty hanger lying on the floor and several hangers on the floor under the rack. The plaintiff did not see the hanger before her fall.

It is reported that the plaintiff filed a lawsuit against the defendant, alleging that its negligence led to her harm. After discovery was complete, the defendant moved for summary judgment. The court found that the plaintiff failed to establish notice as required under Maryland law and ruled in favor of the defendant. Continue Reading ›

Maryland Court Discusses Contributory Negligence in Slip and Fall Cases

February 18, 2022 | by Foran & Foran, P.A.

Spills regularly occur in grocery stores, and if they are not cleaned up promptly, they can lead to slip and fall accidents. While grocery stores can be held accountable for losses caused by their carelessness, they will often try to avoid liability by arguing that the injured party is partially at fault for their harm. In a recent opinion, a Maryland court explained the affirmative defense of contributory negligence and what a defendant must prove to prevail on the defense. If you were injured in a slip and fall accident, you should speak to a Maryland premises liability attorney as soon as possible to determine what evidence you must produce to recover compensation.

The Facts of the Case

It is reported that the plaintiff was shopping in the defendant’s grocery store when she slipped and fell in an area that a store employee recently mopped. She sustained knee injuries that required surgical repair. She subsequently filed a premises liability lawsuit against the defendant, arguing that its negligence caused her harm. Following discovery, the defendant filed a motion for summary judgment, arguing, among other things, the affirmative defense of contributory negligence.

It is alleged that the defendant argued that the knowledge that the floor was wet should be imputed to the plaintiff because there were “wet floor” warning signs in the store. The trial court granted summary judgment in favor of the defendant, and the plaintiff appealed. Continue Reading ›

Maryland Court Considers Liability Issues in Deadly Construction Accident Case

November 9, 2021 | by Foran & Foran, P.A.

Personal injuries occurring on construction sites often involve independent contractors, sub-contractors, and their respective employees. Whether a property owner and/or another sub-contractor on site may be held liable for these types of accidents was the question for the Court of Special Appeals in an October 1, 2021 Maryland wrongful death case.

The case involved the tragic death of a young construction worker who was killed when an excavation wall collapsed on the job site. The decedent was the employee of a contractor hired by the City to fix a clogged pipe buried deep in the ground. Although the contractor who employed the decedent was negligent in failing to ensure that the excavation wall was properly supported, legal action against was barred by Maryland workers’ compensation laws. Instead, the decedent’s family filed suit against the City and another sub-contractor working on the site. The plaintiffs claimed that the City was liable for the decedent’s death by failing to hire a qualified contractor to properly and safely do the job, and that the sub-contractor was liable by failing to ensure that the work was performed safely and appropriately.

As a general rule, the employer of an independent contractor is not liable for physical harm caused to another by the acts and omissions of a contractor and the contractor’s employees. The lack of liability is often a major reason one would hire an independent contractor, rather than having one’s own employee do the job. There are many exceptions under Maryland law, however, which were considered by the court on appeal.

Maryland Court Considers Admissibility of Metadata Details in Premises Liability Case

October 29, 2021 | by Foran & Foran, P.A.

A Maryland personal injury case may involve many forms of evidence, including witness testimony, medical bills, photographs and/or video, among others. Generally, non-testimonial items of evidence must be authenticated before they are admitted at trial. Depending on the type of evidence, authentication may be made by a lay witness, or it may require an expert to lay the foundation. In a September 30, 2021 premises liability case, the Court of Special Appeals of Maryland addressed the requirements to admit digital file metadata of a cell phone picture at trial.

The plaintiff in the case fell on the sidewalk while walking her dogs, suffering a broken right foot, two sprained wrists, and a fractured left knee cap. The plaintiff alleged that she had stepped on a piece of concrete debris on the sidewalk, which caused her to fall. She filed suit against the City, which owned the sidewalks, as well as the contractor hired by the City to repair them.

At trial, the plaintiff’s friend testified that after arriving at the plaintiff’s home to take her to Urgent Care, she went outside and took photographs of the concrete debris with her iPhone, which were later admitted into evidence. The friend also admitted that she had moved the debris so that others would not fall.

Maryland Court Sides with Plaintiff on Appeal in Black Ice Slip and Fall Case

August 26, 2021 | by Foran & Foran, P.A.

Black ice, sleet, and snow on untreated walkways and parking lots are a leading cause of slip and fall injuries. In a July 20, 2021 Maryland negligence case, the plaintiff claimed that she was injured after slipping and falling on black ice in the parking lot of her condominium. She brought suit against the owner and management company of her condominium complex, as well as the landscaping company they hired for snow and ice removal within the common areas of the complex.

The plaintiff alleged that on an early morning in January, she exited her condo and proceeded to walk to her car along a sidewalk that had recently been cleared of snow by the defendants. The plaintiff stated that she slipped and fell on an area of “black ice” that was not visible because it blended in with the pavement. In her suit, the plaintiff claimed that the defendants were negligent in failing to remove snow and ice, failing to use salt or de-icing chemicals, and failure to warn, among other allegations. After the lower court granted summary judgment in favor of the defendants, the Court of Special Appeals of Maryland reviewed the decision on appeal.

To establish negligence in a Maryland slip-and-fall case, four elements must be proven: (1) the defendant was under a duty to protect the plaintiff from injury; (2) the defendant breached that duty; (3) an injury; and (4) that the injury was the proximate result of the defendant’s breach. To prove the second element of breach, the plaintiff must establish not only that a dangerous condition existed, but also that the defendant had actual or constructive knowledge of the dangerous condition, and the opportunity to remove it or give warning.

Maryland Court Allows Plaintiffs to Pursue Wrongful Death Suit Against Shopping Center for Fatal Robbery

July 27, 2021 | by Foran & Foran, P.A.

In Maryland, a property owner generally is under no duty to protect another person from criminal acts of a third party that occur on the property. There are exceptions, however. In a July 2, 2021 wrongful death case, the Maryland Court of Special Appeals explained the kinds of circumstances that would be necessary to hold a property owner liable for crimes committed by a third party against a tenant leasing the premises.

The decedent in the case was killed during a robbery that took place at a retail store while he was working as the manager. The store was in a Maryland strip mall, where there was a long history of criminal activity on the parking lot, including a murder committed the month before. The decedent’s family brought wrongful death claims against the owner of the shopping center, alleging that it knew of the dangerous criminal activity and negligently failed to take security measures to protect the occupants of leased premises from foreseeable criminal acts of third persons committed inside those stores.

The circuit court dismissed the plaintiffs’ lawsuit, ruling that, as a matter of law, the shopping center did not owe a duty to protect the decedent from the criminal acts of third persons committed on a store’s leased premises. An appeal followed.

Maryland Plaintiff Alleges Negligence Claim Against Landlord After Staircase Collapse

June 30, 2021 | by Foran & Foran, P.A.

When a tenant is injured as a result of a defective condition on the property that they are leasing, they may have legal recourse in certain situations. In a June 15, 2021 negligence case, the Maryland Court of Special Appeals considered whether the circumstances were enough to hold a landlord liable for alleged injuries caused by a defective staircase.

The plaintiff in the case was a resident and lessee of a townhome owned by the defendant. On the day of the accident, the plaintiff was walking down an interior wooden staircase of the property to the basement, which she had typically done about six times a week. The plaintiff alleged that the staircase suddenly and unexpectedly collapsed. As a result, the plaintiff fell and allegedly suffered severe personal injury.

The plaintiff filed a negligence suit against her landlord, alleging that they were responsible for the inspection, maintenance, care and repair of the premises, including the basement steps. After the lower court granted summary judgment in favor of the defendant, the plaintiff appealed the decision.

Maryland Court Analyses Legal Status of Plaintiff in Premises Liability Case

June 6, 2021 | by Foran & Foran, P.A.

In some situations, homeowners may be liable for a personal injury that occurs on their property. The care they must take to avoid liability depends on the status of the injured party. In a May 3, 2021 case, the plaintiff filed a Maryland negligence suit against her neighbor after falling down the steps of her neighbor’s porch. The issue before the Court of Special Appeals turned on the legal status of the plaintiff at the time of her injury.

The plaintiff in the case had returned home from work that day and found she was unable to open her front door. She walked to her neighbor’s house and her neighbor’s grandson, who had answered the door, lent the plaintiff a metal knife. After successfully unjamming her door, the plaintiff went back to her neighbor’s house later that day to return it. After handing the knife to her neighbor, the plaintiff turned to leave down the staircase descending from the front porch. She lost her balance and fell, suffering serious injuries to her leg.

The plaintiff filed a premises liability suit, alleging that her injuries were caused by her neighbor’s negligent maintenance of the premises. The trial court granted summary judgment for the defendant, finding that the plaintiff was a bare licensee and that the defendant had not breached any duty to the plaintiff. The plaintiff appealed that decision to the higher court.