Falls
Act fast. Conditions that cause falls need to be photographed immediately. And be warned: Do Not Give Statements. Your words will be used against you since in Maryland, if you are judged partly at fault, then you cannot recover anything.
Common Causes of Serious Falls
- Broken, uneven or missing stair treads and handrails
- Wet or icy walkways, entrances and parking lots that were not treated or cleared
- Poor lighting in stairwells, hallways and garages
- Loose carpet, torn mats and spilled liquids in stores
- Building code and fire code violations, such as improper stair heights or missing guardrails
- Uneven sidewalks and unmarked changes in floor level
Where Falls Happen
Serious falls happen in stores and restaurants, apartment buildings, office buildings, parking garages, private homes and on public sidewalks. Who is responsible depends on who owned or controlled the property — an owner, a landlord, a tenant business, a property manager or a maintenance contractor.
What You Must Prove in Maryland
A fall case is a type of personal injury claim. In general, you must show that the property owner or manager knew, or should have known, about the dangerous condition and failed to repair it or warn about it. The duty owed also depends on why you were on the property. Maryland law gives the most protection to business visitors, such as customers in a store, and less to social guests and trespassers.
Maryland is one of the few states that still follows the strict rule of contributory negligence: if you are found even slightly at fault, you can be barred from recovering anything. Property owners and their insurers often argue that the hazard was “open and obvious” or that you were not watching where you were going. That is why careful investigation — and saying nothing to the insurance company before you talk to a lawyer — is so important.
How Building and Fire Codes Help Prove a Case
Codes set specific requirements for stair height and depth, handrails, guardrails, lighting and exits. When a fall happens on stairs that violate these standards, the violation can be powerful evidence that the owner failed to keep the property reasonably safe. We work with qualified experts to measure and document conditions before they are changed.
Snow and Ice Falls
Maryland winters bring ice and snow to parking lots, sidewalks and building entrances. A property owner is not automatically responsible for every slip on ice, but a business or landlord that allows dangerous conditions to remain long after a storm, fails to treat known trouble spots, or lets melting snow refreeze across a walkway may be responsible. Photographs, weather records and maintenance logs are important evidence, and they need to be gathered quickly.
Falls in Apartments and Rental Properties
Landlords are generally responsible for keeping common areas — stairways, hallways, walkways and parking areas — reasonably safe, and for repairing defects they know about. Written complaints or repair requests made before a fall can be strong evidence that the landlord was on notice.
Injuries From Falls
Falls cause some of the most serious injuries we see: hip and wrist fractures, head injuries, shoulder and knee tears and back injuries. For older adults, a hip fracture can mean surgery, a long rehabilitation stay and a permanent loss of independence. Documenting the full effect of these injuries on daily life is essential to a fair recovery.
Fall Case FAQs
The owner says I should have seen the hazard. Is my case over? Not necessarily. Whether a condition was truly “open and obvious” depends on lighting, distractions, the design of the area and other facts. These arguments must be answered with evidence.
I fell at a store and they made an incident report. Can I get a copy? Stores often refuse to share their reports before a lawsuit. We can take steps to preserve the report and any video.
I fell at work. Is this a fall case? If the fall happened on the job, you likely have a workers’ compensation claim, and possibly a separate claim against a property owner who is not your employer.
Steps to Take After a Fall
- Get medical care and follow your doctor’s advice.
- Photograph the hazard, your shoes and the surrounding area as soon as possible.
- Write down the names and phone numbers of witnesses.
- Report the fall to the owner or manager, but do not give a recorded statement.
- Ask whether there are security cameras, and tell us right away so the video can be requested before it is erased.
- Keep your medical bills and records of lost time from work.
Compensation in a Fall Case
A successful fall claim can include past and future medical expenses, lost wages and lost earning capacity, and compensation for pain, suffering and loss of enjoyment of life. When a fall causes a permanent injury — such as a hip fracture that limits walking, or a head injury that affects memory — the future costs can be substantial. We work with your doctors to document what care you will need, and for how long, so nothing is left out of the claim.
Deadlines Matter
Most Maryland personal injury claims must be filed within three years. If the fall happened on property owned by a county, city or the State, written notice is generally required within one year. Don’t wait.
If you have been hurt in a fall, contact us as quickly as possible by telephone at 410-666-2200 or by email to preserve evidence and protect your rights. If you can’t get around, we make house calls. If you fell while working, see workers’ compensation. Related: automobile crashes and trucking negligence.
