Do I Have a Baltimore, MD Slip and Fall Case?
People are injured, in Baltimore, all the time in what are called “slip and fall” or “trip and fall” accidents- for utter lack of a better label. That’s unfortunate, of course, but just because there is a fall doesn’t mean there is a lawsuit. Human beings are bi-pedal, upright animals. Sometimes, the normal course of nature is upset, and the that upright person makes contact with the ground or the floor, often with force significant enough to break bones or cause other injury. Does that make the owner of the floor, or the owner of the premises responsible for that slip or that fall. How does one know if an accident is actionable—the result of negligence? These cases are widely perceived as difficult to win. In my view, it is not a question of proving damages, but proving liability. Do I Have a Baltimore, MD Slip and Fall Case? Let’s unpack those details
Proving Notice to the Landlord or Property Owner in a Baltimore Premises Liability Case
Often, accidents of this variety are caused by a surface that has become slick, uneven, and dangerous. If a dangerous condition is the result of a negligent property owner’s activities, or lack thereof, you may have a case. You may be able to hold that negligent individual accountable by filing a lawsuit and receiving the compensation owed to you. If you think you have been the victim of negligence, the first step in the inquiry is likely: “Could the property owner have prevented the accident?” In a Baltimore premises liability case, establishing that the property owner or landlord had notice of the dangerous condition is essential to a plaintiff’s success. Notice—actual or constructive—is the legal thread connecting negligence to liability. Without it, even an outrageously hazardous condition that causes a devastatingly serious injury may not give rise to compensation. Maryland courts have long held that a landlord cannot be held liable unless it is shown that the owner either knew or should have known about the defect or hazard in time to take corrective action. The problem I’ve seen is that judges and juries tend to ignore the “should have known” prong of this legal standard. Do I Have a Baltimore, MD Slip and Fall Case? Can you prove notice? Let’s explore the differences.
Legal Analysis: What is Actual Notice?
Actual notice occurs when the landlord is explicitly made aware of the dangerous condition. Plaintiffs may establish actual notice through:
- Written communication: Emails, maintenance requests, or letters submitted to the landlord prior to the incident that describe the specific hazard.
- Oral complaints: Believable testimony from the plaintiff, tenants, or neighbors that the landlord was verbally informed of the issue.
- Incident reports of Prior Accidents: If a prior accident occurred under similar circumstances and was documented, it can help show the owner knew about the risk.
- Admissions by the landlord: If the defendant acknowledges in a deposition, police report, or communication that they were aware of the hazard, it may constitute actual notice.
For instance, if a tenant reported a broken stair in a Baltimore rowhome weeks before it caused an injury, and the landlord failed to repair it, a jury could reasonably find actual notice. Perhaps the most pertinent observation I can make about these potential methods of proof is that they rarely, if ever, exist.
Compare and Contrast: Constructive Notice
Constructive notice does not require direct awareness. Instead, it arises when the condition existed for such a length of time or was so apparent that the landlord could have, and should have, discovered it through reasonable inspection. Methods for proving constructive notice include:
- Photographic evidence: Time-stamped photos showing long-standing wear, damage, or accumulation (e.g., water damage, rotted wood, cracked flooring).
- Inspection and maintenance records: Absence of timely inspections or maintenance logs can support an inference that the property was not reasonably monitored.
- Expert testimony: Building inspectors or property management professionals may opine that the defect likely existed for a significant period before the injury.
- Weather and environmental data: If snow or ice caused a slip and fall, public records showing when it last snowed can help assess how long the hazard was present.
For example, if a sidewalk was uneven due to tree roots and no repairs were undertaken for months—despite obvious visual cues—a court may find the landlord had constructive notice.
The Duty to Maintain Safe Conditions
Property owners are required to make a reasonable effort to maintain safe conditions. On the other hand, each individual has a responsibility to be aware of their surroundings and avoid dangerous situations. There are no clear-cut rules dictating whether or not a property owner is held responsible for an accident. Do I Have a Baltimore, MD Slip and Fall Case? It is a fact dependent analysis. Here are some guidelines to consider.
In order to argue a successful case against a property owner, you’ll most likely need to prove one of the following:
- That a “reasonable” property owner would have been aware of the danger and taken steps to repair it, which the property owner in your case failed to do.
- The property owner knew about the dangerous condition, but failed to take action, or undertook action that was ineffective.
- The property owner caused the dangerous situation.
As discussed in the opening, the first of these conditions is the most common argument in slip and fall accidents, but also the most difficult to prove. In this situation the plaintiff must prove that the property owner “should have known” that the danger existed, which, after presenting evidence to the court, will be decided by the judge or jury.
Some of the conditions of your accident that the court will most likely consider are:
- How long was the defect that caused the accident, such as a leak or misplaced object, present before the accident?
- In what kind of daily cleaning, maintenance, and upkeep does the property owner engage?
Rebutting Claims of Lack of Notice
It’s routine and common in Baltimore personal injury cases for landlords to claim ignorance. A common refrain echoing through Baltimore’s courtrooms, chanted by the highly effective lawyers that insurance companies appoint to defend claims against them:
“Landlords are not insurance companies!”
Effective cross-examination of maintenance staff, reviews of internal communication, and comparison of prior similar incidents may challenge those defenses. A Baltimore plaintiff’s attorney must demonstrate that the condition was not only dangerous but one the landlord had time and opportunity to correct, but failed to do so. If you’ve explored all of these questions and have any reason to believe that you were the victim of a negligent property owner’s misconduct, your next step is to contact a qualified accident attorney as soon as possible. I have over 30 years of experience in obtaining compensation for victims of injury and negligence. If you’re wondering if you have a case, don’t hesitate to call.
- Baltimore Personal Injury Trial Lawyer Eric T. Kirk
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For over three decades, I have battled against the nation’s largest insurance companies, always endeavoring to ensure my clients receive the compensation they deserve. As lead counsel in thousands of cases across Maryland, New York, and Florida, I have recovered millions for clients whose claims were wrongfully denied and delayed. Whether denying fair compensation for a personal injury victim or denying benefits to a homeowner, Insurance companies employ policy exclusions, technicalities, and lowball offers to deny and defeat claims. They also hire very good lawyers to fight you in court. So should you. When an insurance company unfairly rejects a claim, I stop them.
