Property owners are legally required to maintain safe conditions on their grounds. This is so that people cannot become injured on their property as a result of poor maintenance. Unfortunately, properties are not always in the best condition and accidents happen as a result. When this happens, injuries can happen that cause physical, mental, and emotional trauma for the victim of the incident.
If a person becomes injured as a result of an owner’s failure to take care of their property, they may wish to file a premises liability claim. In Maryland, premises liability cases work to protect those who are injured on another’s property. During these cases, the injured party may be eligible to receive compensation for their injuries as a result of the accident.
People can become injured as a result of negligence in many ways. There are certain situations covered by premises liability law:
- Slip and fall accidents
- Dangerous conditions
- Defective security
- Inadequate maintenance
- Poor weather conditions
- Inadequate lighting
Duty of Care
It is important to understand who is at fault for the accident and why before pursuing a premises liability lawsuit. Property owners are required to provide a duty of care towards others to maintain a certain standard of care so that people are not injured on their property. Property owners have a duty of care towards those on their property either as an invitee or a licensee. An invitee is a person who was invited onto the property for business or commercial reasons. A licensee is a person who was on the property for non-business or non-commercial reasons, such as social gatherings.
A property owner may even owe a duty of care to an individual that trespasses onto their property. If a property owner is aware of the trespasser, they are obligated to warn them of any hazardous conditions on their property that are present.
Proving a Case
The injured party must prove a number of things during a premises liability case in order to be successful. The first thing they are required to show is that the negligent party was responsible for taking care of the property that caused their injury. They must also prove this property owner failed to do so despite their obligation. Lastly, the injured party must prove their injuries were a direct result of this negligence. Evidence to prove these may consist of pictures of the property and any medical documentation of your injuries, including the time and place it occurred.
Contact our Firm
If you or a family member have been injured as a result of property conditions and are looking to file a premises liability claim, contact Lloyd J. Eisenberg & Associates today.