Premises Liability Standards and Contributory Negligence

I Slipped and Fell in Maryland – Will I Lose My Case Because of Contributory Negligence?

As a personal injury attorney at SG Legal Group, one of the hardest conversations I have with new clients in slip-and-fall cases is about Maryland’s contributory negligence standard. Many people are shocked to learn that even a small amount of fault on their part can bar them from recovering any compensation.

Clients often come to me assuming that if they were 80% right and the property owner was 20% at fault, they should still be entitled to damages. That may be true in most states, but not in Maryland. Here, the rule is much stricter, and it impacts every premises liability claim.

‍

Maryland Slip and Fall: How Contributory Negligence Destroys Your Case

Maryland is one of only a handful of states that still applies the doctrine of pure contributory negligence. Under this rule, if judge or jury finds that you were even 1% at fault, you cannot recover damages—even if the property owner was 99% at fault.

That means if you slipped on a puddle in a grocery store, but the defense argues you were looking at your phone, or that you should have seen the “wet floor” sign, your entire case may be lost.

In my practice, I see clients struggle to recognize how their own actions could be viewed as partial fault. Something as simple as not watching your step, ignoring a visible hazard, or choosing footwear that might be considered unsafe can be twisted into an argument for contributory negligence. Judges, juries, defense attorneys, and even insurance adjusters apply this doctrine very strictly in Maryland.

‍

Maryland Property Owner Liability: When Contributory Negligence Is Not Present

That said, contributory negligence does not mean property owners get a free pass. They still have a legal duty to maintain safe premises for lawful visitors. Under Maryland premises liability law, property owners must:

• Inspect their property for hazards.

• Fix known dangerous conditions in a reasonable time.

• Warn visitors of hidden dangers if they cannot be fixed immediately.

If a property owner fails in these duties, they can still be held liable—provided the injured person did not contribute to the accident.

There are also limited circumstances where contributory negligence may not bar recovery, including:

• Children or minors – Courts may treat children differently when assessing whether their behavior was “reasonable.”

• Unavoidable hazards – If a hazard was impossible to detect or avoid, the defense of contributory negligence may not apply.

• Last Clear Chance Doctrine – This exception allows recovery if the property owner had the final opportunity to avoid the accident. However, in practice, this doctrine is rarely successful and is applied only in very narrow situations.

‍

Evidence That Can Defeat a Contributory Negligence Argument

Because Maryland’s rule is so strict, the evidence we gather in slip-and-fall cases is often decisive. In my experience, the two most persuasive types of evidence are:

1. Surveillance video – Footage can show exactly how the fall happened, how long a hazard existed, and whether warnings were visible. It is hard for a defense lawyer to argue contributory negligence when the video shows the property owner failed to act.

2. Independent witness statements – Testimony from unbiased bystanders often carries more weight than the injured person’s own account. Witnesses can confirm that a hazard was hidden, that no warning was present, or that the victim was acting reasonably.

Other evidence, like photos taken immediately after the fall, incident reports, and weather records, also plays an important role.  

‍

Commercial vs. Residential Premises

Both commercial and residential property owners in Maryland can be held liable for slip-and-fall injuries, though the context differs.

• Commercial properties (stores, restaurants, offices): Owners and managers are expected to regularly inspect their premises. For example, if a supermarket fails to clean up a spill for hours, liability is more clear.

• Residential properties (apartment complexes, private homes): Landlords must keep common areas safe for tenants and guests. Homeowners also have a duty to invitees, though the standard of inspection is not as high as in commercial settings.

In both settings, however, contributory negligence remains a powerful defense.

‍

Why Maryland’s Strict Rule Matters for Victims

The contributory negligence standard makes Maryland one of the most challenging states for slip-and-fall victims. Insurance adjusters know this, and they use the rule aggressively in negotiations. Defense attorneys will nearly always try to shift some blame to the injured person, no matter how minor.

This means victims must be prepared from the very start to counter arguments of partial fault. Something as small as a statement to an adjuster like “I should have been more careful” can later be used to deny the entire claim.

‍

Practical Tips If You’ve Slipped and Fallen in Maryland

If you suffer a slip-and-fall injury in Maryland, here’s what I recommend:

1. Seek immediate medical treatment – Not only for your health, but also to create a record of your injuries.

2. Document the scene – Take photos or videos of the hazard, lack of warnings, and surrounding area.

3. Look for witnesses – Ask for names and contact information of anyone who saw the fall.

4. Request incident reports – If in a business, ask management to complete and provide you with a report.

5. Avoid making statements of fault – Do not apologize or speculate about what you “should have done.”

6. Contact an attorney quickly – The sooner I can investigate, the better chance we have to preserve surveillance video and witness statements.

‍

Conclusion: Why You Need Experienced Counsel

Maryland’s contributory negligence rule is one of the toughest hurdles for slip-and-fall victims. Even if the property owner was negligent, your case may be destroyed by a claim that you were 1% at fault. That’s why experienced representation matters.

At SG Legal Group, I carefully investigate these cases to build the strongest possible argument against contributory negligence. My team and I focus on securing surveillance footage, locating witnesses, and holding property owners accountable when they fail to keep their premises safe.

If you or a loved one has been injured in a slip-and-fall accident in Maryland, contact me at SG Legal Group. My team and I will help you understand your options and pursue the compensation you deserve. Call 410-618-1277 or visit our contact page to schedule a consultation.

‍

Disclaimer: This article provides general information and is not legal advice. For advice about your situation, please contact me directly.