Slip and Fall in Maryland

A property owner may be held liable for the injuries to a plaintiff when the plaintiff can show (1) a dangerous condition has been created by artificial means, such as where the owner has permitted ice to accumulate in a manner not apparent, and (2) the plaintiff is forced to encounter the condition. Abraham vs Moler, 253 Md 215, 252 A2d 68. This is true even if the owner undertakes to remove the dangerous condition but fails to remove the danger or inadvertently creates an artificial condition that is itself dangerous. Additionally, the plaintiff must establish that the condition existed for a sufficiently long enough period of time that the owner had actual or constructive knowledge that the danger existed and he had this knowledge well in advance of the injury that he had the opportunity to correct the dangerous condition. The classic example is found in the case of Honolulu Limited vs Cain 244 Md 590, 224 A 2d 433. In this case, a 66 year-old woman fell on thin ice in the parking lot of a shopping center. It was determined that the owner was liable, since when the snow was removed it was piled at the opposite end of the parking lot. The drain to the parking lot was in the opposite corner of the lot from the pile of snow. As such, ice formed in the path created by the melting snow as it headed towards the drain across the parking lot. The hallmark of success in this type, slip and fall case will revolve around the owners creation of the dangerous condition, the owner's knowledge of the dangerous condition sufficiently long enough in advance of the injury to have corrected the dangerous condition as well as the lack of alternative means of ingress or egress and of course prudent behavior by the plaintiff. If you, your family member or a friend has been injured in a slip and fall incident. Please feel free to call my office at 1-888-760-7339. We will answer your questions over the phone at no cost to you.