Maryland’s Personal Injury Law for Injuries on Commercial Property
In Maryland, a personal injury case arising from injuries sustained on commercial property is governed by premises liability law. This legal principle holds property owners accountable for ensuring their premises are safe for visitors. When an individual is injured due to a property owner’s negligence, they may be entitled to compensation for their injuries, medical expenses, lost wages, and pain and suffering.
Under Maryland law, the responsibility of the property owner varies based on the status of the visitor. There are three primary classifications of visitors: invitees, licensees, and trespassers.
Invitees are individuals who enter the property for business purposes or to provide mutual benefit. For example, customers in a retail store qualify as invitees. Property owners have the highest duty of care towards invitees, which includes regularly inspecting the premises and addressing any hazards that could cause harm.
Licensees are those who enter the property for their own benefit, such as social guests. Property owners must warn licensees of known hazards but are not required to inspect for dangers they may not be aware of.
Trespassers are individuals who enter a property without permission. Maryland law offers limited protections for trespassers, but property owners must not act with intent to harm them. Children may have additional protections under the attractive nuisance doctrine if they are injured by hazardous conditions that could entice them onto the property.
To establish a personal injury claim in Maryland, the injured party must prove the following elements:
- Duty of Care: The property owner had a legal obligation to maintain a safe environment for visitors.
- Breach of Duty: The property owner failed to uphold their duty, which could involve neglecting repairs or maintenance.
- Causation: The owner’s breach of duty directly caused the injury.
- Damages: The injured party sustained quantifiable damages, including medical bills or lost wages.
In addition to proving these elements, Maryland follows the "contributory negligence" rule. This means that if the injured party is found to be even slightly at fault for the accident, they may be barred from recovering any damages. This strict standard emphasizes the importance of gathering sufficient evidence to support your claim.
If you have suffered an injury on commercial property in Maryland, it is crucial to document the incident as soon as possible. Take photographs of the scene, gather witness statements, and report the incident to the property owner or manager. Consulting with a personal injury attorney experienced in Maryland law can significantly strengthen your case, ensuring that all legal avenues are explored for potential compensation.
In summary, Maryland's personal injury law surrounding injuries on commercial properties emphasizes the duty of care owed by property owners to various types of visitors. Understanding your rights and the legal obligations of property owners can empower you to seek justice and compensation for your injuries.