Slip and Fall in Maryland

About Slip and Fall Claims in Maryland

Slip and fall cases — part of the broader premises liability category — are among the most common personal injury claims and also among the hardest to prove. The central question is usually not whether you fell, but whether the property owner knew about the hazard and had a reasonable opportunity to fix it.

Property owners owe different levels of care depending on the visitor's status (invitee, licensee, or trespasser) and the state's premises liability rules. A customer who slips on a wet floor in a grocery store is owed the highest duty of care; a trespasser is owed very little.

The 'open and obvious' defense is the most common way these claims are defeated — the property owner argues the hazard was so visible that any reasonable person would have avoided it. Evidence that the hazard was hard to see, that the owner had prior notice, or that the area was poorly maintained weakens this defense.

How Maryland Law Affects Slip and Fall Claims

Maryland uses pure contributory negligence. If the injured person is even 1% at fault, recovery is completely barred.

In Maryland, the statute of limitations for personal injury claims is 3 years from the date of injury. For claims against government entities: Written notice within 1 year for claims against local government. 180 days for state claims.

Damage caps: Non-economic damages capped (adjusted annually, approximately $920,000 in 2024). No cap on economic damages.

Common Issues in Maryland Slip and Fall Cases

• Notice — did the property owner know or should they have known about the hazard?
• Open and obvious defense — the owner claims the hazard was visible
• Surveillance footage — often overwritten within days if not preserved
• Incident reports — getting a copy at the time of the fall is critical
• Comparative fault — the owner argues the visitor should have been more careful
• Lighting, signage, and maintenance records as evidence

State-Specific Factors in Maryland

• Premises liability standard — how much care the owner owes different types of visitors
• Comparative fault system — reduces recovery by the visitor's percentage of fault
• Statute of limitations for filing
• Government property special rules — shorter notice deadlines for falls on public property
• Snow and ice liability rules — vary significantly by state and region

Compensation in Maryland Slip and Fall Cases

• Medical expenses — broken bones, hip injuries, and head injuries are common in falls
• Lost wages — hip and back injuries often prevent return to physical work
• Pain and suffering
• Future medical costs — hip and back injuries frequently require follow-up procedures
• Home modification costs if the injury causes lasting mobility issues

What to Do After a Slip and Fall in Maryland

• Report the fall to the property owner or manager immediately and request an incident report
• Photograph the hazard — wet floor, broken step, uneven surface, poor lighting — before it's cleaned up
• Get names and phone numbers of any witnesses
• Get medical evaluation the same day, even if the injury seems minor
• Keep the shoes and clothing you were wearing at the time
• Note whether any warning signs or barriers were present