Premises liability in Maryland allows for visitors to sue the owner of real estate if they get hurt on the property due to the owner’s negligence. The general concept is that visitors are owed a duty of care. Tenants can also sue their landlord if they are hurt in common areas that are supposed to be maintained by the landlord.
The duty of care owed differs depending on the how Maryland law has defined the status of the visitor. Whether they are a:
Invitee – Premises Liability in Maryland
An invitee is a person that was invited onto the property for business dealings. The duty of care owed to an invitee is reasonable and ordinary care to maintain the premises safely for the invitee and protect the invitee against injury caused by an unreasonable risk, which an invitee would not discover by exercising
ordinary care. The place has to be kept safe.
Social Guests – Premises Liability in Maryland
Social guests must be warned of “unreasonable risks of harm” which the owner could not expect the social guest to discover. There is no obligation to keep the place safe, but to warn the social guests of hazards.
Licensee – Premises Liability in Maryland
A licensee is an individual on another’s property for their own benefit. An owner is to avoid willful or wantonly injuring licensees. Basically don’t go around setting traps like Wile E. Coyote.
Trespasser – Premises Liability in Maryland
A trespasser is a person on the land without consent. Owner’s must refrain from willfully or wantonly injuring them. However, this does not prevent owners from acting in self-defense.
Firefighters and Police Officers – Premises Liability in Maryland
The Fireman’s rule prevents firefighters and police officers for suing someone that negligently created a condition that caused them to get hurt on the job. Basically, firefighters can’t sue you if you accidentally started a fire they get burned stopping it, it’s part of the job. However, they can sue if the dangerous conditions are created intentionally.
Need Help Asserting or Defending Against a Premises Liability Claim in Maryland?
Do not hesitate to contact The Pendergraft Firm. We are here to help!
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