In a recent slip and fall case, Zilichikhis v. Montgomery County, Md. Ct. Sp. App. (2015), the Maryland Court of Special Appeals had before it a case arising out of an 82-year-old man’s slip and fall inside a parking garage owned and operated by a governmental agency.
The plaintiff had been attempting to walk to his car, which was parked in a parking garage. As he approached his vehicle, he slipped and fell twice. Shortly thereafter, he started complaining of a severe headache. He was taken to the hospital to seek emergency medical treatment, where he was diagnosed with a subdural hematoma that required immediate surgery. The plaintiff continues to suffer various impairments as a result of his traumatic brain injury.
After he filed suit, the county claimed immunity from suit as a governmental agency, and also a lack of liability due to the fact that it was not on actual or constructive notice regarding the presence of the alleged oil. They cited to the fact that the plaintiff had claimed he had not seen the oil on the ground the night before, when he parked his car, and also that he claimed it smelled fresh when he fell and he had gotten it onto his hand.