If a person is injured on property owned by a business, the business might be liable for the person’s injuries, depending on the circumstances. Business owners owe customers and guests a duty to exercise ordinary care to keep the premises in a reasonably safe condition. To prevail on a Maryland premises liability claim, a plaintiff must prove that a dangerous condition existed on the defendant’s premises, the defendant had a duty to the plaintiff, the defendant had actual or constructive knowledge of the condition, the defendant’s knowledge existed for long enough that the defendant had the opportunity to remove it or to warn the plaintiff, and the defendant’s failure to act caused the plaintiff’s injury.
A plaintiff must demonstrate that a defective condition existed for long enough that the defendant had a duty to inspect to discover the defect and remedy it. The purpose of the requirement is to ensure that the dangerous condition existed for long enough that the defendant should have discovered it and to determine the amount of time the hazards were present between inspections.
In a recent case before a state appellate court, the court held that a business owner may be held liable for the plaintiff’s injuries after she fell on a tree root outside the business. In that case, the plaintiff was walking to the Chick-fil-A restaurant and tripped on the partially-exposed root, injuring two bones in her leg. The plaintiff had walked to the restaurant from her job nearby many times before by walking across a dirt area she and other pedestrians used to access the restaurant’s parking lot. According to the evidence, the root stuck out about two inches and was not in this condition four days prior, when a landscaping crew had inspected the area for tripping hazards.