While winter weather is aesthetically pleasing, snow and ice present the hazard of perilous slip and fall accidents. If you have been injured due to falling ice or snow, you may be considering your legal avenues and potential for monetary compensation. It’s essential to understand your rights and responsibilities in such scenarios, as property owners are obligated to maintain safe premises to prevent foreseeable harm. Please continue reading as we delve into the intricacies of these cases within the state of Maryland and emphasize the critical need to consult with a seasoned Prince George’s County Slip and Fall Lawyer to navigate this complex process.
Can I Hold a Property Owner in Maryland Liable if I Was Hit by Falling Ice or Snow?
First and foremost, it’s crucial to understand that property owners in Maryland have a legal duty to maintain a safe environment, including addressing dangerous ice or snow accumulations. Following a snowstorm or icy weather, property owners are not expected to clear hazardous conditions instantly. The law allows them a reasonable amount of time to remove ice or snow or to warn visitors of the hazards. What constitutes “reasonable” depends on the unique circumstances, such as the severity of the storm, the nature of the property, and whether the owner knew or should have known about the hazard. Failure to adequately remove or warn visitors about hazardous premises conditions after a reasonable time may be considered negligent.
Businesses owe a higher duty of care to customers. Commercial property owners must keep their premises safe for visitors by executing prompt removal of snow and ice accumulations after a storm. Failure to do so can result in them being held liable under Maryland’s premises liability law. Additionally, landlords may be liable if falling ice or snow injures a tenant or visitor and they failed to take the necessary steps to maintain safe conditions.
What if My Injury Transpired on Public Property?
If you were injured by falling ice or snow on public property in Maryland, such as a sidewalk near a government office, a school, or another municipal area, the responsible city, county, or state agency may bear liability for your damages. It should be noted that municipalities are protected under sovereign immunity. However, the Tort Claims Act allows you to sue the government under certain circumstances.
In Maryland, you must file a formal “Notice of Claim” within one year of the accident to the appropriate agency. This formal notification informs a municipality that it may be subject to a claim for damages. It also provides them sufficient time to investigate the merits of the claim and potentially resolve the issue before a lawsuit is filed. Failure to file a timely and proper notice of claim with the correct government agency will result in the absolute bar of recovery.
As you can see, multiple parties can be responsible for your damages. As such, it’s in your best interest to consult with a qualified attorney at McCarthy, Winkelman, & Mester, L.L.P., who can help you identify all responsible entities to maximize the chance of full compensation. Connect with our firm today for guidance and skilled representation.
