In Maryland, landlords are not automatically responsible for injuries that a tenant sustains at a rental property. Typically, Maryland landlords are only liable when their tenants or their guest’s injuries were the results of the landlord’s careless action or inaction. Maryland personal injury lawsuits against landlords generally involve accidents that occur in common areas, or as a result of defects in the property when the rental agreement was executed, or from conditions that the landlord agreed to remedy. Lawsuits that fall outside of these parameters present additional challenges.
For example, recently, a state appellate court issued an opinion in a tenant’s lawsuit against her landlord. The court addressed issues that frequently arise in personal injury lawsuits against landlords in Maryland. The tenant suffered injuries after she opened a storm door, and a gust of wind knocked her into a railing. The railing broke, and the tenant fell to the ground, injuring her ankle. During pretrial proceedings, the tenant argued that the porch was in disrepair and did not meet building code requirements, she also conceded that she knew that the railing was broken. The defendants argued that the court should grant summary judgment under both the state’s residential landlord-tenant act and common law theories of negligence. The appellate court found that the tenant knew of the defect and failed to remedy it. Therefore, the defendants were not liable under both the state’s landlord-tenant act and common law theories of negligence.
This case exemplifies common impediments that Maryland tenants may encounter when filing personal injury lawsuits against their landlords. However, there are many instances where Maryland landlords may be liable for injuries that their tenants suffer on their property. First, the landlord may be responsible if they had control over the dangerous feature, such as in the common area of the property. For example, a landlord may be liable if a tenant suffers injuries in a shared laundry facility on the property. Next, Maryland landlords may be responsible if they knew of or hid a concealed danger.
Moreover, in some instances, Maryland courts may hold a landlord responsible if a reasonable fix could have prevented the accident or eliminated the hazardous condition. To recover, Maryland tenants must be able to establish that their injuries were a result of their landlord’s carelessness or wanton disregard for the tenant’s safety. In some situations, tenants may be able to recover if their landlord violated a specific law that was designed to protect against the injury that the tenant suffered. Maryland tenants should seek representation to discuss their rights and remedies.
Have You Suffered Injuries Because of Your Landlord’s Negligence?
If you or a loved one suffered injuries because of a defect or dangerous condition of your rental property, contact the dedicated attorneys at Lebowitz & Mzhen, Personal Injury Attorneys. The attorneys at our Maryland premises liability law firm understand the significant emotional, physical, and financial toll an injury can take. The attorneys at Lebowitz & Mzhen have decades of experience overcoming the various challenges that Maryland personal injury lawsuits can present. Our attorneys have the skills and experience necessary to take on the most complex negligence lawsuits in Maryland. Contact our firm at 800-654-1949 to discuss your personal injury lawsuit with a committed Maryland personal injury lawyer at Lebowitz & Mzhen.