When Is a Maryland Property Owner Liable for a Slip and Fall Accident? 

Certain conditions must be met for a property owner in Maryland to be considered legally responsible for a slip, trip, and fall accident. 

You and your attorney must establish each of the following elements in your slip and fall case:

• Injury: First, to have a case, you must prove that you were actually injured and that those injuries led to measurable, compensable damages. If you slipped and fell but did not suffer any injuries, you do not have a case. Additionally, if you only suffered very minor injuries that did not lead to any damages (such as medical costs or pain and suffering), you also likely do not have a case. 
• Duty of Care: Next, you must prove that the property owner owed you a duty of care, meaning they had a legal responsibility to you as a visitor on the property. In Maryland, the duty of care owed by property owners to visitors depends on the visitor’s status. If the visitor was there for commercial/business purposes (i.e., the visitor was an “invitee”), the property owner’s duty of care includes maintaining the property, removing or repairing dangerous conditions, and warning visitors of any possible hazards that could cause harm. If the visitor was lawfully on the property for non-commercial/business purposes (i.e., they were a “licensee”), the property owner’s duty of care only involves warning of potential hazards. If the person was trespassing, meaning they were not legally allowed to be on the property, the property owner only has a responsibility to avoid causing intentional, wanton, or willful injury. 
• Breach of the Duty of Care: Once you have established that the property owner owed you a duty of care based on your visitor status, you must also prove that they breached (or failed to uphold) that duty of care. Most often, this involves proving that the property owner knew about a dangerous condition on the property but failed to take adequate steps to remove the dangerous condition or warn you about it. You can also show that the property owner breached the duty of care by proving that they did not conduct reasonable and adequate property maintenance, as required by the duty of care. 
• Causation: Lastly, you must prove “causation.” This refers to the connection between the property owner’s failure to uphold the duty of care and the accident that caused your injuries. In other words, you must prove that the property owner’s negligence was the direct or indirect cause of your slip and fall, as well as your injuries and resulting damages. 

Under Maryland’s strict contributory negligence rule, you may also need to prove that you were not at fault in any way for the incident that led to your injuries. Under this rule, you cannot bring a claim for damages if you were even one percent at fault. Insurance adjusters know this, and they will often use it to dispute or deny your claim. If the insurance company is saying you were even partly at fault for your slip and fall accident, you need an attorney who can fight back and protect your right to compensation.

At Mike Slocumb Law Firm, we know how to aggressively fight back against the insurance company’s efforts to avoid paying you the fair compensation you are owed. Our Baltimore slip and fall lawyers have decades of experience and a long history of success in complex premises liability cases. To date, we have secured more than half a billion dollars for our clients. We’re ready to fight for every penny you deserve.