Maryland Commercial Property Premises Liability Lawyer

A commercial property generally refers to real property that is owned or used by a business entity. Commercial property is different than residential property in its design and function.

If you have been injured on a piece of commercial property due to no fault of your own, it is critical that you consult with a Maryland commercial property premises liability lawyer as soon as possible. An experienced premises liability attorney will be able to help build a case to help maximize your claim.

Property Requirements

The owner of a commercial property owes a duty to ensure that the property is kept in a reasonable and safe condition. This can differ based on the type of property involved.

A restaurant or a grocery store may owe a different duty to the public than the owner of an amusement park or waterpark. Therefore, the requirements are different based on the intended use of the property. To determine how the specific instance of premises liability applies to an individual’s case, they should consult with a commercial property premises liability lawyer in Maryland as soon as possible.

Statute of Limitations

In Maryland, there is a three-year statute of limitations for a commercial premises liability case. If the premise is owned by a state or county entity or some other governmental entity, the statute of limitations may be different; or the claim may be required; or a notice provision may be required for that particular type of claim.

An experienced Maryland commercial property premises liability attorney can aid in helping an individual determine how the statute of limitations applies to their case.

Determining Liability

In Maryland commercial property premises liability cases, the injured person must first establish that the property owner is liable for their injury. Only then is the jury able to review the actions of the injured person to determine if they are liable. There is a two-step process for the plaintiff. They must first establish liability against the property owner and then defend against the affirmative defense of contributory negligence or assumption of risk.

If the injured person cannot establish the liability against the property owner, their claim fails as a matter of law. The jury does not even have to evaluate whether the injured person caused or contributed to their own injury.

A commercial property premises liability lawyer can help an individual review the facts of the case. Through the course of litigation, it is likely that the right party or parties will be found. Through the process of discovery in litigation, depositions will be taken of the various known parties, in addition to non-parties, from which can be gleaned information about any other possible defendants.

Potential Commercial Property Defendants

An example of premises liability involving a commercial property is a grocery store. The grocery store may lease the property from the property owner and/or the property may be managed by a property management company. Depending on where the incident occurs will determine which of the several potential defendants may be liable. The lease terms will likely control responsibility among the parties.

Contributory Negligence

The visitor’s actions are always the visitor’s responsibility. When the visitor is the injured person, their actions are always evaluated because Maryland is a contributory negligent state. When the injured person, as a visitor, contributed to their injuries in any way, a jury may find them contributorily negligent which bars the recovery as a matter of law.

If the injured person was drinking alcohol while visiting a private property, an evaluation must be done to determine whether the alcohol consumption caused or contributed in any way to the incident that injured the person. It can be an important factor to fully evaluate in Maryland commercial property premises liability cases. It may serve as a complete bar to recovery.

Unique Aspects of Commercial Property Claims

Maryland commercial property premises liability cases compensate the injured person based on the nature and extent of their injury. Despite an injury occurring on a commercial property, there is no guarantee that the injured person can recover more or have a larger recovery because the defendant is a company or corporation.

In Maryland, juries are mindful when rendering a verdict. Juries hold the plaintiff to their burden of proof, to the exact letter of the law, and render the verdict they see fit based on the evidence that correlates to the nature and extent of the injury. The jury rarely changes a verdict based on the type of defendant involved.

Benefit of a Lawyer

People should understand that commercial liability cases can be very difficult based on the duty owed by the property owner and other factors that go into that individual claim. Anyone who is injured should consult with a Maryland commercial property premises liability lawyer who can assist them with the claim’s process.