Maryland trip and fall accidents can cause severe injuries, particularly for elderly individuals. In some instances, an injured person may be able to recover their damages in a personal injury suit. In a January 3, 2020 negligence case, the plaintiff brought suit against the City of Baltimore after falling on a public sidewalk. After the lower court granted summary judgment in favor of the City, the matter was appealed to the Court of Special Appeals of Maryland.
The plaintiff in the case was injured as she was walking along a sidewalk and tripped and fell on an elevated portion of the sidewalk. The plaintiff suffered serious personal injuries to her face and mouth as a result of the fall and incurred over $15,000 in medical expenses, including orthodontic surgery to repair damage to her teeth. She was 80 years old at the time of the injury.
In her suit, the plaintiff alleged that the City negligently attempted to repair the sidewalk, and as a result, the sidewalk was uneven. The City argued that the sidewalk defect was so slight, that it was non-actionable under the triviality doctrine. The City also argued that the plaintiff failed to produce evidence that it had notice of the defect before the plaintiff’s accident.