Is a Business Responsible if I Fall on Their Property?
A business can be held responsible if you fall on their property, but whether they are legally liable depends on the specific facts of what happened and whether the business was negligent in maintaining a safe environment. Slip and fall cases can be very nuanced, and insurance companies know exactly how to fight these claims.
Attorney Jason Kisner has worked for large insurance companies and understands the tactics they use to minimize or deny valid claims. He is intensely focused on both results and the client experience, making sure every person he represents feels informed, respected, and heard throughout the process. He will always tell you the truth about your case, good or bad.
If you were hurt in a fall on a business's property in 2026, talk to Attorney Kisner, an experienced Riverdale Park, MD premises liability lawyer, about your legal options today.
What Legal Duty Does a Business Owe to Visitors in Maryland?
In Maryland, businesses that invite the public onto their property owe those visitors the highest duty of care under premises liability law. People who enter a property for a business purpose, like customers in a store or restaurant, are called invitees, and they are entitled to the greatest level of protection.
Under Maryland law, a business owes invitees a duty to use reasonable care to keep the property in a safe condition. That includes inspecting the premises regularly, fixing known hazards in a timely way, and warning visitors about dangers that cannot be fixed right away. When a business fails to meet that duty, and someone gets hurt, the business may be held liable for the resulting injuries.
What Did They Have to Know About the Hazard?
One of the most important questions in any slip and fall case is whether the business knew or should have known about the dangerous condition that caused your fall. This is called actual or constructive knowledge.
Actual knowledge refers to situations where the business genuinely knew about the danger firsthand. Perhaps a staff member noticed a puddle on the ground and left it untouched. Perhaps someone flagged a cracked floor tile to a supervisor who never addressed it. In these instances, the business was fully aware of the risk and chose not to remedy it.
Constructive knowledge, on the other hand, applies when a business reasonably should have caught the hazard, even without a direct report. When a dangerous condition persists long enough that routine checks would have caught it, the law may treat the business as though it knew. Consider a scenario where liquid remains pooled on the floor for sixty minutes before causing a fall. A court could reasonably conclude the business had ample opportunity to notice and address it, and its failure to do so amounts to implied awareness.
What Do You Have to Prove to Win a Slip and Fall Case in Maryland?
To hold a business responsible for your fall, you generally have to prove four things. The business owed you a duty of care as an invited visitor. There was a dangerous condition on the property. The business knew or should have known about that condition. And the dangerous condition caused your fall and your injuries.
Every one of these elements has to be supported by evidence. The stronger your evidence, the stronger your case. This is exactly why documenting the scene and your injuries right after the accident is so important.
If you were hurt in a fall on a business's property, you cannot wait indefinitely to take legal action. Under Maryland Courts and Judicial Proceedings Section 5-101, the statute of limitations for personal injury claims in Maryland is three years from the date of the injury. If you do not file your lawsuit within that three-year window, you generally lose your right to pursue compensation entirely, no matter how strong your case is.
Schedule a Free Consultation With Our Hyattsville, MD Personal Injury Attorney
You need an attorney who will fight for you, give you the honest guidance you need, and make sure you feel supported throughout the entire process. Attorney Jason Kisner is a personable personal injury lawyer with over 10 years of legal experience who is available around the clock. He will travel overnight if needed and can handle everything remotely or in person based on what works best for you.
Contact Kisner Law at 240-459-0097 to schedule your free consultation with our Riverdale Park, MD premises liability lawyer today.
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