What kinds of Maryland property injuries do we handle?
We handle slip and fall claims in grocery stores, big-box retailers, car dealerships, and restaurants; trip and fall claims on broken pavement, loose carpet, and unmarked steps; falls on snow and ice that a property manager left untreated; injuries in apartment common areas such as stairwells, laundry rooms, and parking lots; and injuries caused by furniture, shelving, or fixtures that were never secured.
The injuries are often worse than the word "fall" suggests: hip and wrist fractures, torn rotator cuffs, spinal injuries, and head injuries from striking a hard floor. For older clients a single fall can end independent living, and that loss belongs in the damages case.
What duty does a Maryland property owner owe you?
In Maryland, the duty a property owner owes depends on your status on the property, and the law recognizes four categories: trespasser, bare licensee, licensee by invitation (a social guest), and invitee (Mayor & City Council of Baltimore v. Wallace, 492 Md. 349 (2025)). Invitees, such as store customers, are owed the highest duty.
| Your status | Typical example | What the owner owes |
|---|---|---|
| Invitee | Shopper, restaurant customer, business visitor | Reasonable care to discover dangerous conditions and to make them safe or warn of them |
| Licensee by invitation | Social guest at a home | Reasonable care to make the premises safe or warn of known dangers the guest cannot reasonably discover |
| Bare licensee or trespasser | Person on the land for their own purposes, or without permission | Not to injure willfully or wantonly, and not to create a new danger without warning |
As the Supreme Court of Maryland restated in 2025, an owner is liable to an invitee when it knew of, or with reasonable care would have discovered, a condition posing an unreasonable risk; should have expected the invitee would not discover the danger or protect against it; and failed to use reasonable care to protect the invitee (Wallace, quoting earlier Maryland decisions and the Restatement). The owner is not an insurer of your safety, and the fact that you fell does not by itself prove negligence (DARCARS, discussed below).
How do you prove the owner knew about the hazard?
In Maryland, when the owner did not know about a hazard, the injured invitee must show the hazard existed long enough that the owner, using reasonable care, would have discovered and fixed it (DARCARS Toyota of Silver Spring v. Blackwell, No. 6, Sept. Term 2026 (Md. Sept. 25, 2026)). This "constructive notice" question is where most store cases are fought, and it is usually decided by video, inspection or sweep logs, and employee testimony.
Notice is not an issue at all when the owner's own employee created the hazard. In DARCARS, a Silver Spring dealership employee mopped the floor in front of the service desk without first putting out a sign, then left to get one; a customer was called to the desk and fell. The dealership argued it had no time to warn anyone. The Supreme Court of Maryland disagreed, holding that when an employee knowingly creates a hazard, the knowledge element is satisfied, and whether the owner took reasonable steps to prevent a fall or warn is usually a question for the jury.
That decision draws a clear line between a spill a customer creates seconds before a fall, where the owner may truly have had no chance to act, and a hazard that is a foreseeable result of the owner's own work, such as mopping, waxing, stocking, or unloading, where the owner could have planned ahead. Our blog post on the wet-floor decision from Maryland's top court walks through the ruling.
Can a Maryland property owner say the danger was open and obvious?
Yes, and owners raise it in nearly every case, because the duty to an invitee depends partly on whether the owner should have expected the visitor to notice the danger and protect against it (Wallace, 492 Md. 349 (2025)). An owner will argue that a puddle, a curb, or a pile of snow was plain to see, so no warning was needed.
We answer with the real conditions: lighting, the color and texture of the floor, displays and signs designed to draw your eyes upward, crowds, and what a customer walking normally would have been looking at. A clear liquid on a glossy floor is not obvious just because it is visible in a close-up photograph taken after the fall.
How do contributory negligence and assumption of risk apply to falls?
Maryland's contributory negligence rule bars a fall victim whose own carelessness contributed to the fall in any degree, and the Supreme Court of Maryland has declined to soften it (Coleman v. Soccer Ass'n of Columbia, 432 Md. 679 (2013)). In premises cases the insurer's version usually sounds like "she was looking at her phone" or "he was walking too fast," and we test each claim against the video and the witnesses.
Assumption of risk is a separate, complete defense. The owner must show that you knew of the risk, appreciated it, and voluntarily confronted it, and courts judge knowledge by an objective standard (ADM P'ship v. Martin, 348 Md. 84 (1997)). In Martin, a delivery driver who saw that a Rockville office walkway was covered in ice and snow, slipped once, and crossed it anyway was barred from recovery. That is why ice and snow cases depend on details such as whether there was a safe alternative route and whether the hazard was hidden under fresh snow. Our post on black ice and premises liability in Maryland covers winter cases.
What does a Maryland landlord owe tenants and their guests?
In a Maryland apartment building, the landlord ordinarily must use reasonable care to keep the common areas it controls, such as stairways, hallways, laundry rooms, and parking areas, in a reasonably safe condition, and that duty extends to the tenant's family and guests (Matthews v. Amberwood Assocs. Ltd. P'ship, 351 Md. 544 (1998)). In Matthews, the Court held that a landlord who knew a tenant was keeping a dangerous dog in violation of the lease, and could have acted, owed a duty to the tenant's guests.
Control and knowledge are the keys. Inside a leased unit, the landlord's duty depends on the lease, the landlord's notice of the problem, and its power to fix it. We collect maintenance requests, emails, inspection reports, and code enforcement records to prove the landlord knew.
Are claims against public property different?
Yes. When a county, city, or other local government owns the property, written notice is generally required within one year of the injury (Md. Code, Cts. & Jud. Proc. § 5-304), and damages limits apply. Owners of parks and trails may also invoke Maryland's Recreational Use Statute; in Wallace, the Court held it did not shield Baltimore City from a cyclist's claim on an Inner Harbor promenade the City had made part of its transportation network. See our page on injury claims against Maryland governments.
What damages can you recover, and how long do you have?
In Maryland, you generally have three years from the date of the fall to file suit (Md. Code, Cts. & Jud. Proc. § 5-101). You can recover medical expenses, lost wages, and lost earning capacity, plus noneconomic damages, which are capped at $980,000 for causes of action arising from October 1, 2026 to September 30, 2027 (Md. Code, Cts. & Jud. Proc. § 11-108).
Evidence checklist after a fall on Maryland property
- Photos of the exact spot, taken low and from several angles, before anyone cleans it up
- The shoes and clothing you wore, kept as they are
- Names of employees who responded and any customers who saw the fall
- A copy or photo of the incident report, or at least the report number
- A written request that the business keep its video, sweep logs, and inspection records
- For apartments: your lease, prior maintenance requests, and texts or emails with management
- Weather records for snow and ice falls
- Emergency, orthopedic, and therapy records, and proof of missed work
Our guide chapters on gathering evidence while it still exists and preserving documents and records explain why these requests should go out quickly.
Who handles Maryland fall cases at our firm?
Ryan Posey and Jacob Lebowitz are admitted in Maryland and handle premises cases in the Circuit Courts for Montgomery County in Rockville and Prince George's County in Upper Marlboro. Learn about our work in Montgomery County and Prince George's County, see our Maryland personal injury overview, or compare D.C. and Virginia on our main premises liability page.
Frequently asked questions
Can I sue a store in Maryland if I slipped on a wet floor?
Yes, if the store knew or should have known about the hazard and failed to fix it or warn you. When a store employee created the wet floor, for example by mopping, the Supreme Court of Maryland held in 2026 that the knowledge requirement is satisfied and the reasonableness of the store's precautions is usually for a jury (DARCARS Toyota of Silver Spring v. Blackwell). If a customer created the spill moments before your fall, you must show it was there long enough for the store to discover it.
What is constructive notice in a Maryland slip and fall case?
Constructive notice means the hazard existed long enough that the owner, using reasonable care, would have discovered and fixed it, even if no employee actually saw it. It is usually proved with store video, inspection or sweep logs, and the condition of the spill itself. Without actual or constructive notice, a Maryland owner is generally not liable for a hazard someone else created.
Does contributory negligence apply to slip and fall cases in Maryland?
Yes. If your own carelessness contributed to the fall in any degree, Maryland's contributory negligence rule can bar recovery (Coleman v. Soccer Ass'n of Columbia, 432 Md. 679 (2013)). Owners also raise assumption of risk, which requires proof that you knew of the danger, appreciated it, and voluntarily confronted it (ADM P'ship v. Martin, 348 Md. 84 (1997)). The facts of how and why you walked where you did decide both defenses.
Is my Maryland landlord responsible if I fall on the apartment stairs?
Often, yes. A Maryland landlord ordinarily must use reasonable care to keep common areas it controls, such as stairways and hallways, reasonably safe, and that duty extends to tenants' families and guests (Matthews v. Amberwood Assocs. Ltd. P'ship, 351 Md. 544 (1998)). Proof that the landlord knew about the problem, such as maintenance requests, is usually central.
How long do I have to file a slip and fall lawsuit in Maryland?
Generally three years from the date of the fall (Md. Code, Cts. & Jud. Proc. § 5-101). If the property belongs to a county, city, or other local government, written notice is generally required within one year of the injury (Md. Code, Cts. & Jud. Proc. § 5-304). Evidence such as store video can disappear much sooner than either deadline.
Does it matter if I was a guest at someone's home rather than a customer?
Yes. Maryland ties the owner's duty to your status. A customer is an invitee owed reasonable care to discover and correct or warn of dangers, while a social guest is owed reasonable care to make the premises safe or to warn of known dangers the guest cannot reasonably discover (Mayor & City Council of Baltimore v. Wallace, 492 Md. 349 (2025)).
Related reading
- Fell on a wet floor at a Maryland business? The state's top court says "we were getting the sign" is not a defense
- Grocery and big-box store falls: building the Maryland notice case
- Retail store falls in Maryland: camera footage and sweep logs
- Black ice season in Maryland: snow, ice, and premises liability
- Maryland's Recreational Use Statute: why not paying to get in doesn't automatically kill your injury claim
- DMV Injury Guide: gathering evidence while it still exists
- DMV Injury Guide: preserving documents and records
Talk to a Maryland injury lawyer today
Store video can be recorded over quickly, and the notice case often depends on it. If you fell on county or city property, Maryland generally requires written notice within one year.
Posey Lebowitz PLLC · 3221 M Street NW, Washington, DC 20007
Call (202) 524-0123 or request a free consultation. No fee unless we win your injury case.
Our office is in Georgetown, at 3221 M Street NW in Washington, D.C. We meet clients by phone or video, at their home or in the hospital when that is easier, and we appear in Maryland and Virginia courts.
More than $32 million recovered.
Plus more than $22 million in other assets.
Across more than 250 matters, in the District of Columbia, Maryland, and Virginia.
These case results are examples of matters handled by Posey Lebowitz PLLC. The outcome of any case depends on the specific facts and legal circumstances of that case. These results do not guarantee or predict a similar result in any future matter. Amounts shown are gross recoveries before attorney's fees, case expenses, and medical liens. Asset values are stated as of 2026 and will change.
Responsible attorneys: Ryan C. Posey and Jacob M. Lebowitz. Posey Lebowitz PLLC, 3221 M Street NW, Washington, DC 20007.