Last updated September 29, 2026 · Reviewed by Vadim A. Mzhen
A woman visiting her son’s grave at a Prince George’s County cemetery stepped into a ditch hidden by poor upkeep and was seriously hurt. A trial court threw out her negligence case, reasoning that Maryland’s Recreational Use Statute relieved the cemetery’s owner of any duty to her because she had entered without paying. The Appellate Court of Maryland reversed that ruling in a reported opinion filed July 30, 2026, holding that the trial court had applied the wrong legal test.
Free entry alone does not trigger the Maryland recreational use statute. The court has to look at the area where the injury happened, ask what the owner intended that area to be used for, and ask what the injured person was doing there, not why she was there. A claim can go forward where the area was meant for commercial purposes and the person’s activity fit those purposes, even if the same activity could also be described as recreational.
Maryland Accident Law Blog

