Owners and occupiers of property have a duty to keep it reasonably safe for visitors and guests. When they fail to do so, and someone gets injured as a result, the victim may be able to file a premises liability lawsuit. But they will need compelling evidence to win compensation.
This is where having a skilled Maryland premises liability lawyer will help. When you work with McGowan & Cecil, LLC, you have a trusted ally from start to finish. Find out how we can serve your and your family’s legal needs today.
The Basics of Maryland Premises Liability Law
Premises liability is a subset of personal injury law which concerns dangerous and defective property conditions. The owner or manager of the property has a duty to correct such hazards and warn visitors and guests about them. Failing this, someone can get hurt and sue.
Some property hazards are obvious or actually known to the owner or manager of the premises. Others may not actually be known, but are reasonably discoverable upon inspection. Owners and managers cannot simply turn a blind eye to hazards and thereby avoid liability for them.
These are a few common examples of dangerous property conditions that owners or managers of the premises should either fix or warn others about until they are fixed:
- Slips, trips, and falls: Any slick or uneven surface, particularly in a parking lot, sidewalk, or retail store, is a serious hazard for customers.
- Dangerous stairs: A staircase that is broken, unmarked, or which has sudden drop-offs, could cause injury.
- Missing or broken handrails: Likewise, if the handrails are somehow defective, a person may not be able to safely navigate the stairs.
- Poor lighting: The absence of sufficient lighting inside or outside the premises may make walking unsafe.
- Negligent security: A commercial establishment (e.g. bar, gas station, or hotel) may need security to protect members of the public from criminal activity.
- Hazardous substances: Lead paint, toxic chemicals, and other unsafe substances may cause injury to anyone visiting the property.
- Vicious animals: Dogs and other animals, especially those with a history of bites or attacks, may be dangerous for children.
- Fire and explosion hazards: Anything on the property which could cause a fire or explosion, or prevent safe exit in the event of such an emergency, could make the owner liable.
- Unsafe swimming pool: An unguarded swimming pool may entice a child, who could drown or otherwise get injured.
- Playground and amusement park hazards: The owners of playground equipment and amusement park rides may face liability for accidents or deaths.
Elements of a Maryland Premises Liability Lawsuit
A victim who seeks compensation for their injuries must generally have to prove four important elements in a premises liability lawsuit:
- Duty of care: This refers to a duty to keep the premises free of hazardous conditions. The duty may depend on the status of the person; for instance, an owner likely owes a customer the duty of keeping the property free of known or reasonably discoverable dangers.
- Breach: A breach of the duty of care occurs when the property owner or manager fails to remedy the dangerous condition. It may also occur if the owner or manager does not warn of a danger that cannot be immediately fixed, such as by posting a “wet floor” sign after a spill.
- Causation: The property hazard must directly cause injury to the victim. Suppose, for instance, there is ice in the parking lot, but another customer pushes the victim onto the ground. In this case, it’s the other customer and not the ice that caused the victim’s injuries.
- Damages: Finally, the victim has to prove the nature and amount of losses that they suffered. These may include reasonably estimated future damages they are likely to incur due to the accident.
Possible Damages in a Premises Liability Case
Maryland law allows victims to pursue a number of damages that are designed to compensate them for the losses they suffer because of the property owner’s irresponsible conduct. Depending on the facts of your case, these (and other) damages may be available:
- Medical expenses: You can seek compensation for hospitalization, surgery, prescription drugs, adaptive medical equipment, and other medical bills you incur.
- Future medical expenses: If it is expected that you will have medical bills in the future, you may be able to seek compensation for these as well.
- Lost income: This includes the money that you are not able to earn due to the time you spend recovering from your injuries.
- Lost income-earning ability: If you cannot earn as much money in the future because of your injuries, the at-fault party may have to compensate you for these losses as well.
- Non-economic damages: This broad category covers more subjective losses such as pain and suffering, emotional distress, and decreased quality of life.
How Our Legal Team Can Help You
Filing and pursuing a lawsuit against the at-fault property owner or manager is a complicated process. The owner’s or manager’s insurance company will have legal counsel that will do everything they can to avoid or minimize any payout to which you are entitled.
The simple fact is, you cannot afford to take on the powerful insurers and lawyers without legal representation. We’re here to help. When you retain McGowan & Cecil, LLC, we will handle the following matters in your Maryland premises liability lawsuit:
- Investigating the accident or injury scene to determine who may be liable
- Obtaining the evidence necessary to prove fault
- Finding out what (if any) steps the owner or manager took to correct the property hazard, and whether they were legally sufficient
- Determining the value of your case, including reasonably estimated future damages you may have
- Negotiating a settlement with the insurance companies, if possible, including through mediation
- Reviewing your legal options to help you decide whether to settle or try your case
- Litigating your case in court if a fair settlement cannot be reached with the at-fault party
Throughout the process of representing you, we apply our extensive knowledge of Maryland premises liability law, civil procedure, and evidence. Understanding these laws and rules is essential to making the strongest case possible for the compensation you deserve.
Although we will try to settle your case out of court, and thereby save you time, in the process, we will not do so at the expense of fairness. That means we will always be prepared to try your case in court if necessary.
Contact Our Maryland Dangerous Premises Attorney
Were you hurt on someone’s property due to a dangerous condition? If so, it’s time to learn more about filing a premises liability claim. Contact McGowan & Cecil, LLC for a free initial case consultation today.
Frequently Asked Questions About Premises Liability
Who may be liable for my injuries?
The at-fault party may be a commercial business or property owner, or it could be someone else like the tenant or property manager. The exact answer depends on various factors, but we will work to hold all liable parties accountable for your injuries.
Is there a deadline to file a lawsuit?
Victims typically have three years from the date of the accident to file a lawsuit, although there are narrow exceptions (e.g. if the victim was a minor at the time of the accident). You should never assume that an exception will apply. Taking early action is best to preserve your rights.
If you wait too long to file, the court may dismiss your case and bar you from any recovery. The strongest lawsuits are filed long before the deadline, known as the statute of limitations, expires.
What evidence will I need?
You will need evidence that proves all four elements of a premises liability lawsuit. This may include property records, past complaints about dangers, medical bills, income records, and much more. An attorney can explain how discovery can help you obtain evidence.
What is the value of my premises liability case?
The value of your case will be based on such factors as the severity of your injuries, how much time you lose from work, and non-economic considerations like pain and suffering. It will also depend on reasonably forecast future damages you may have.
Our firm routinely consults expert witnesses who can explain complex and technical matters related to a victim’s damages. A medical expert, for instance, can discuss future treatments you may need. The expert’s testimony will help substantiate the amount of compensation you seek.