Maryland's pure contributory negligence rule means one misstep — literally — can bar your entire slip-and-fall recovery, and government property claims die if you miss the one-year notice deadline.
Slip-and-fall cases in Maryland face the harshest fault standard in the country: pure contributory negligence, reaffirmed in Coleman v. Soccer Ass'n of Columbia, 432 Md. 679 (2013). If a jury decides you were even one percent at fault for not seeing a hazard, not watching your step, or wearing inappropriate footwear, your recovery is zero. Claims against government properties face an additional barrier — mandatory written notice within one year under Md. Cts. & Jud. Proc. § 5-304 or Md. State Gov't § 12-106.
Maryland's three-year personal injury statute of limitations under Md. Code, Cts. & Jud. Proc. § 5-101 applies to slip-and-fall claims. But the real fight in Maryland premises liability cases is not the filing deadline — it is contributory negligence. Maryland follows pure contributory negligence, the common-law rule reaffirmed in Coleman v. Soccer Ass'n of Columbia, 432 Md. 679 (2013). Under this rule, if a jury finds you even marginally at fault for your fall — for not noticing a wet floor, for walking too quickly, for not using a handrail — your entire recovery is barred. Only four states and DC still follow this rule. In practice, defense attorneys and insurance adjusters in Maryland slip-and-fall cases spend most of their effort building a contributory negligence narrative against the plaintiff.
The property owner's knowledge of the hazard is the central factual battleground. Under Maryland premises liability principles, a property owner or occupier must maintain reasonably safe conditions for invitees and must warn of or correct known dangerous conditions. The plaintiff must show that the property owner knew or should have known about the hazard and failed to act. This is where evidence preservation becomes urgent — surveillance video from the property is typically overwritten in 7 to 30 days. Incident reports, maintenance logs, prior complaints about the same hazard, and weather records (for outdoor falls) all degrade or disappear over time. Photographing the scene, identifying witnesses, and sending a preservation letter to the property owner are time-critical steps.
If your slip-and-fall occurred on government property — a state office building, a county courthouse, a city sidewalk, a public school — separate notice deadlines apply and missing them is fatal to the claim. Claims against the State of Maryland must be filed in writing with the State Treasurer within one year of the injury under Md. State Gov't § 12-106 (Maryland Tort Claims Act). Claims against a local government — Baltimore City, Montgomery County, Prince George's County, or any municipality — require written notice within one year under Md. Cts. & Jud. Proc. § 5-304 (Local Government Tort Claims Act). The notice must state the time, place, and cause of injury and must be delivered in person or by certified mail to the designated official for that entity. Missing the deadline bars the claim entirely.
Maryland's minimum auto insurance of 30/60/15 is irrelevant to premises liability cases — slip-and-fall claims are covered by the property owner's commercial general liability (CGL) policy or homeowner's insurance. Commercial properties in the Baltimore-Washington corridor typically carry CGL policies with $1M per occurrence and $2M aggregate limits. A local Maryland premises liability attorney identifies every potentially liable party — the property owner, the property management company, the maintenance contractor, and the tenant — and pursues each available insurance layer. In a contributory negligence state where the case can be lost entirely on a single fact, building the strongest possible case against the property owner's knowledge and inaction is the priority.
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The legal information on this page is for general educational purposes only and is not legal advice. Laws change, and every case is different. Always consult with a licensed attorney in your state to verify the current law and how it applies to your specific situation.
It can destroy it entirely. Maryland follows pure contributory negligence — reaffirmed in Coleman v. Soccer Ass'n of Columbia, 432 Md. 679 (2013). If a jury finds you even one percent at fault for your fall — for not seeing a hazard that was arguably visible, for walking while looking at your phone, for wearing shoes the defense calls inappropriate — your recovery is zero. Defense counsel in Maryland slip-and-fall cases focuses almost exclusively on building a contributory negligence argument. Your attorney must keep your fault at literal zero.
You can, but you must comply with strict notice requirements. Claims against a local government in Maryland require written notice within one year of the injury under Md. Cts. & Jud. Proc. § 5-304 (Local Government Tort Claims Act). The notice must state the time, place, and cause of injury and be delivered in person or by certified mail to the specific designated official. Baltimore City requires notice to the City Solicitor; each county has its own designated recipient. Missing this one-year notice deadline bars the claim entirely, regardless of how clear the city's liability is. Additionally, contributory negligence applies — the defense will argue you should have seen the ice and avoided it.
Three years from the date of injury under Md. Code, Cts. & Jud. Proc. § 5-101 for private property claims. But if the fall occurred on government property, the notice deadline is much shorter: one year for state property claims under Md. State Gov't § 12-106 (Maryland Tort Claims Act), and one year for local government property claims under Md. Cts. & Jud. Proc. § 5-304. These are hard deadlines — courts may waive non-compliance under § 5-304 only for good cause and only if the defendant cannot show prejudice. Do not assume you have three years without first determining whether a government entity is involved.
The most critical evidence is proof that the property owner knew or should have known about the hazard. Photographs of the hazard taken immediately after the fall, surveillance video from the property (which is typically overwritten in 7-30 days), incident reports, maintenance logs, prior complaints about the same condition, and witness statements all go to this element. In a pure contributory negligence state, you also need evidence that you were not at fault — your footwear, your path, your awareness of the area, and any signage or lack of warning. An attorney sends a preservation letter to the property owner immediately to prevent evidence destruction.
Potentially multiple parties: the property owner, the tenant operating the store, the property management company, and any maintenance contractor responsible for the area where you fell. Each may carry separate insurance. Under Maryland premises liability principles, a property owner or occupier owes invitees (customers) a duty to maintain reasonably safe conditions and to warn of or correct known hazards. The key question is whether the responsible party knew or should have known about the hazard. Your attorney will pursue each liable party's insurance to maximize available coverage — especially important in a contributory negligence state where the entire case can be lost.
All legal information on this page is sourced from primary government statutes. Last verified 2026-04-07.
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