Articles Posted in Slip and Fall

Slip and fall accidents are a common occurrence in Maryland. While in many instances, such falls are brought about by dangerous conditions that arose due to the negligent maintenance of the property, simply showing that a harmful condition caused a fall is insufficient to establish liability. Rather, as discussed in a recent Maryland ruling, the injured party must also demonstrate that the property owner knew or should have known of the presence of the condition. If you were hurt in a fall on someone else’s property, you might be able to recover damages, and it is in your best interest to confer with a Maryland personal injury lawyer about your potential claims.

The Plaintiff’s Fall

It is alleged that the plaintiff lived in an apartment building owned by the defendant. In September 2018, she fell and fractured her wrist when she was climbing a stairway in a common area of the building. The stairway was the only means by which she could access her third-floor apartment. She subsequently filed a personal injury lawsuit against the defendant, alleging he negligently maintained the property and was, therefore, responsible for her harm. Specifically, she alleged that the tread on the stairway was worn down, making the surface slippery. Following the close of discovery, the defendant moved for summary judgment. The trial court granted the motion, and the plaintiff appealed.

Establishing Liability in Maryland Slip and Fall Cases

On appeal, the court affirmed the trial court ruling. The court explained that in a negligence action, the plaintiff must establish four elements. Specifically, they must show that: the defendant had a duty to protect the plaintiff from harm, the defendant breached the duty, the plaintiff suffered actual losses or injuries, and the harm sustained was proximately caused by the defendant’s breach. Continue Reading ›

Spills regularly occur in grocery stores, and if they are not cleaned up promptly, they can lead to slip and fall accidents. While grocery stores can be held accountable for losses caused by their carelessness, they will often try to avoid liability by arguing that the injured party is partially at fault for their harm. In a recent opinion, a Maryland court explained the affirmative defense of contributory negligence and what a defendant must prove to prevail on the defense. If you were injured in a slip and fall accident, you should speak to a Maryland premises liability attorney as soon as possible to determine what evidence you must produce to recover compensation.

The Facts of the Case

It is reported that the plaintiff was shopping in the defendant’s grocery store when she slipped and fell in an area that a store employee recently mopped. She sustained knee injuries that required surgical repair. She subsequently filed a premises liability lawsuit against the defendant, arguing that its negligence caused her harm. Following discovery, the defendant filed a motion for summary judgment, arguing, among other things, the affirmative defense of contributory negligence.

It is alleged that the defendant argued that the knowledge that the floor was wet should be imputed to the plaintiff because there were “wet floor” warning signs in the store. The trial court granted summary judgment in favor of the defendant, and the plaintiff appealed. Continue Reading ›

A Maryland personal injury case may involve many forms of evidence, including witness testimony, medical bills, photographs and/or video, among others.  Generally, non-testimonial items of evidence must be authenticated before they are admitted at trial.  Depending on the type of evidence, authentication may be made by a lay witness, or it may require an expert to lay the foundation.  In a September 30, 2021 premises liability case, the Court of Special Appeals of Maryland addressed the requirements to admit digital file metadata of a cell phone picture at trial. 

The plaintiff in the case fell on the sidewalk while walking her dogs, suffering a broken right foot, two sprained wrists, and a fractured left knee cap.  The plaintiff alleged that she had stepped on a piece of concrete debris on the sidewalk, which caused her to fall.  She filed suit against the City, which owned the sidewalks, as well as the contractor hired by the City to repair them.

At trial, the plaintiff’s friend testified that after arriving at the plaintiff’s home to take her to Urgent Care, she went outside and took photographs of the concrete debris with her iPhone, which were later admitted into evidence.  The friend also admitted that she had moved the debris so that others would not fall.

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Defective, negligently maintained street infrastructure such as broken water meters or crumbling sidewalks can result in serious personal injuries to pedestrians.  In a March 12, 2012 case, the plaintiff in a Maryland injury lawsuit sued a city for negligence after falling on a broken storm drain grate and injuring her leg.  The case came before the Court of Special Appeals of Maryland after the trial court entered judgment in favor of the City.

The plaintiff in the case was returning to her car after attending a professional football game.  As she walked among a crowd of fans, the plaintiff stepped onto a broken storm drain grate that was missing one of its metal bars.  The plaintiff’s foot and leg fell through the gap in the storm drain, causing her to fall.  After a fan helped her dislodge her leg from the storm drain grate, the plaintiff was transported to the hospital and underwent surgery on her leg.

The plaintiff brought a personal injury action against the City, alleging that it had been negligent in failing to properly maintain a storm drain and that was part of the street.  At the conclusion of the plaintiff’s case at trial, the City moved for judgment, arguing that there was no evidence that it had actual or constructive notice of the defective storm drain.  The trial court granted the motion, and the issue was presented to the Court of Special Appeals of Maryland.

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In Maryland, the liability of a property owner for a personal injury depends upon the standard of care owed to the injured person.  The standard of care, in turn, depends on the person’s status while on the owner’s property.  In a March 25, 2021 case, the Court of Special Appeals of Maryland reviewed a premises liability claim against a restaurant that was brought by one of its patrons.

The plaintiff in the case had dined at the restaurant with her husband and son.  Unable to find a parking spot in the restaurant’s designated lot, her husband parked in an adjacent parking lot.  The adjacent parking lot belonged to an unrelated limited liability corporation whose tenant had recently vacated the premises.  Upon entering the restaurant, the plaintiff testified that they asked the hostess whether they could park in the lot, and she stated “yes, we don’t have any problems” and “everyone does.”

After dining at the restaurant, the plaintiff and her husband headed towards their car.  Bypassing the paved portions of the lots and sidewalks, they cut across a grassy area of the property owned by the LLC.  After taking a few steps onto the grass area, the plaintiff’s foot landed in a hole that caused her to lose her balance and fall.  The plaintiff filed suit against the restaurant, alleging that they knew or should have known of the condition that caused her to fall when she walked across the grassy area.  The plaintiff did not file a claim against the owner of the adjacent lot and grassy area.

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To defeat a motion for summary judgment in a personal injury suit, the plaintiff must show sufficient evidence exists to support their claim.  In a February 1, 2021 opinion, the U.S. District Court for the District of Maryland considered a summary judgment motion filed by the defendants in a personal injury case.  The plaintiffs in the case brought their Maryland negligence claim in federal court against the owners of a restaurant after allegedly suffering injuries in a slip and fall accident.

The plaintiffs in the case visited a Maryland restaurant known for having peanuts on the floor.  Complimentary peanuts were served during all hours of operation, and customers were permitted to discard peanut shells on the floor of the restaurant.  While waiting to be seated, the plaintiffs made their way to the restrooms.  Before reaching the restroom, the plaintiff fell on the hardwood flooring and landed on her right hip, with her right foot twisted behind her.  The plaintiff testified that she had oily stains on the right side of her clothing, leading her to believe that she fell in peanut oil.

In their suit, the plaintiffs claimed that the restaurant was negligent by failing to protect her from a dangerous condition that allegedly caused her injuries.  To succeed on their Maryland negligence claim, the plaintiffs must establish: (1) that the defendant was under a duty to protect the plaintiff from injury, (2) that the defendant breached that duty, (3) that the plaintiff suffered actual injury or loss, and (4) that the loss or injury proximately resulted from the defendant’s breach of duty.  Insofar as the plaintiff was a business invitee, the restaurant was required to use reasonable care to protect the plaintiff from from injury caused by an unreasonable risk that she would be unlikely to perceive in the exercise of ordinary care for her own safety, and about which the restaurant knows or could have discovered.  

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