In general, a business may be held responsible for known dangerous conditions on its property that injure another person, if the business owed that person a duty of care. In a Maryland premises liability case, the standard of care is determined by the status of the victim. As a result, the question of whether the victim is an invitee, social guest, or trespasser may make a difference in the outcome of a negligence claim. In a November 21, 2019 opinion, the Court of Special Appeals of Maryland considered this issue as a matter of first impression, as it related to an eight-year-old child injured in the common area of a condominium complex.
At the time the injury occurred, the child and his younger brother were visiting their grandparents, who resided in one of the condo units. While playing in a common area of the complex, the children climbed atop of a community sign made of large stones. As they dismounted, they held onto one of the stones, which dislodged and caused the boys to fall to the ground. The stone fell on top of the eight-year-old child, who suffered serious injuries as a result.
The plaintiff brought a negligence suit against the owner of the condominium complex and the condominium association on behalf of his eight-year-old child. After the lower court granted summary judgment in favor of the defendants, the plaintiff appealed.