Maryland Private Property Premises Liability Lawyer

As defined by Maryland law, private property is non-governmental property. Private property is considered any piece of land that is privately owned and not open to the public. There are three types of private property visitors, an invitee, licensee, and a trespasser.

There is no difference as to the general duty and the damages are calculated the same whether a person is injured on commercial or private property. If you have been injured on private property due to another’s negligent action or inaction, an experienced property premises liability attorney can help.

Rights of the Property Owner

The property owner is not liable solely because someone falls or is injured on their property. The property owner must have notice of the defect, hazard or unsafe condition in time to be able to do something about or warn of it.

If it is open and obvious, then the person on the property is held to the standard that they should have observed it and avoided it, if possible. If either scenario happened, the injured individual should contact a Maryland private property premises liability lawyer to help with their case.

Private property owners must keep the premises in a safe condition, free from known hazards. Landlords or lessors of private property should operate under the same standards.

Condition of Property

The condition of the property must be properly maintained in a safe condition, free from known defects, hazards or unsafe conditions. The duty generally is the same regardless of the type of property. However, the specifics of how that duty is to be carried out may vary depending on the property itself.

Comparative Fault System

Maryland is a contributory negligence state which provides that if the person on the property is as little as one percent at fault, they are barred from recovering. Comparative negligence means that the person on the property is compensated. However, Maryland private property premises liability lawyers have seen that the compensation is less based on the percentage of fault attributed to them.

Contributory Negligence

The law of contributory negligence in Maryland bars the person on the property from recovering when or if both people are found at fault of private property.

Invited Guests

An invitee is someone who is invited to be on the premises as a member of the public or for the purpose of the business which is on the premises. They are on the property which is not open to the public because the owner has allowed the person to enter.


A trespasser is one who is on the property of another without permission. A property may be held responsible for injuries to children trespassing on the property of another, if the injury is caused by something which may attract the child, i.e., an unprotected swimming pool.

The Visitor’s Actions

In Maryland, contributory negligence means that if the person on the property is at all negligent, the person is barred from recovery. The property owner can be 99 percent at fault and the person on the property can be as little as one percent at fault, and if so, will by law be barred from recovery. If you have any further questions on an injury you have sustained on private property, consult a Maryland private property premises liability lawyer right away.