Generally, landowners owe a duty of care to people who come on their land, the extent of which depends on the relationship between the parties and the circumstances of the incident. Maryland’s Recreational Use Statute is an exception in that, when the statute applies, a landowner owes no duty of care to others, allowing them to escape liability in a Maryland premises liability case.
A recent case is an example of how landowners may avoid liability in such cases. In that case, a woman was injured while she was attending a free concert at a university. As she had been leaving the concert, she fell on a staircase with no handrails. She sustained serious injuries and died as a result. Her estate and her children filed a wrongful death claim against the university.
The university claimed that it was immune from suit under the state’s Recreational Property Act. Under the state’s law, a landowner does not have a duty to keep premises safe if others are using the land for recreational purposes. The concert took place at a county park, but the university had a permit to use it for the concert series. The woman’s family agreed that attending the free concert was a recreational activity. However, the family argued that the purpose of the concert series was mostly commercial. They noted that there were food and drinks available for purchase, that sponsors had tents and logos, and that it provided the university with a branding opportunity.